Terms & Conditions
BrimfieldExchange is an electronic media that offers buyers and sellers of antiques and collectibles a free, voluntary online dealer directory. This directory caters to each of the 20 plus shows which take place in Brimfield, Massachusetts three times per year in May, July and September. The Brimfield Dealer Directory offers both the computer savvy and the non-computer savvy dealer or collector an online and mail in registration process to make it easy for the majority of dealers to be part of the directory. Directory registrants must have an assigned booth space and appropriate documentation with any of the 20 Brimfield Shows or Markets to be in the directory.
BrimfieldExchange also offers banner advertising, website links, and display advertising for which it charges fees. In addition BrimfieldExchange may offer at its discretion other items of information and advertising that pertain to the world of antiques and collectibles.
Our website ("Site") has been created to be easily accessible to all users of legal age, but it also has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the BrimfieldExchange Terms of Participation. By pressing the "I ACCEPT" button on the registration page or by mailing us a Mail-In Registration form you are accepting these Terms. You may review these Terms at any time by clicking on the disclaimer link at the bottom of the home page. You may also obtain a copy of the Terms by contacting BrimfieldExchange at 10 Palmer Rd., P.O. Box 459 Brimfield, MA 01010.
TERMS OF PARTICIPATION
1. BrimfieldExchange reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or your use of our Site at any time. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
2. BrimfieldExchange is not involved in any transaction between any party who uses our site. There are risks that You assume when dealing with people who might act under false pretenses; all of these risks are borne by You. BrimfieldExchange is a venue for the exchange of information and advertisements pertaining to the world of antiques and collectibles. BrimfieldExchange reserves the right to screen and or censor any material, pictures, wording or other material it deems unfit or inappropriate. BrimfieldExchange cannot and does not control the behavior of the participants on this Site. BrimfieldExchange does not assume responsibility for the content or context of its users.
3. The Site may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our Site only to the extent necessary to obtain information concerning the dealers and other advertisers listed in our directory.
4. BrimfieldExchange prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without imitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category and placing a fraudulent ad.
5. If BrimfieldExchange, in its sole discretion, determines that a violation of the Terms of Participation has occurred, BrimfieldExchange may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its Site, cancellation of Your account, termination of your right to continue listing in the dealer directory, and/or the exclusion of any person(s) who may have violated any Terms of Participation. BrimfieldExchange could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. BrimfieldExchange will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to You. If BrimfieldExchange believes in its sole discretion that any Dealer Directory listing may create liability for BrimfieldExchange, BrimfieldExchange may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, BrimfieldExchange reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
LINKS TO OTHER WEBSITES AND SERVICES
6. To the extent that this Site contains links to outside services and resources, the availability and content of which BrimfieldExchange does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
DEALINGS WITH ADVERTISERS
7. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BrimfieldExchange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings as a result of the presence of such advertisers on the Site.
8. YOU AGREE THAT USE OF THE SITE IS AT USER'S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. BRIMFIELDEXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. BRIMFIELDEXCHANGE MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS, THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BRIMFIELDEXCHANGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE.
10. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH INFORMATION AVAILABLE ON THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
11. USER AGREES THAT NEITHER BRIMFIELDEXCHANGE NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BRIMFIELDEXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT BRIMFIELDEXCHANGE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT BRIMFIELDEXCHANGE SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
12. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to BrimfieldExchange. The User Data shall be deemed to be the property of BrimfieldExchange. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
14. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, videoclips, and written and other materials that are part of this Site (collectively the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by BrimfieldExchange. The Site as a whole is protected by copyright and trade dress. The dealer directory is protected by copyright.
15. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may search and download the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title and interest in any downloadable materials or software is transferred to you as a result of any such search downloading. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
16. You agree to indemnify and hold BrimfieldExchange, and its affiliates, officers, agents, owners and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Content you submit to the Site, your use of the Site, your violation of the Terms of Participation, or your violation of the rights of others.
17. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between BrimfieldExchange and any User of the Site.
18. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to BrimfieldExchange by displaying notices to Users on the Site.
19. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
20. These Terms of Participation and the relationship between User and BrimfieldExchange shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. User and BrimfieldExchange agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Hampden County, Massachusetts in order to resolve any dispute arising out of these Terms of Participation.
21. The failure of BrimfieldExchange to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
22. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
24. Please help us keep the BrimfieldExchange site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the BrimfieldExchange terms of participation, please contact BrimfieldExchange at 10 Plamer Road, P. O. Box 459, Brimfield, Massachusetts, 01010, or by e-mail.
Voice (413)245-0961 * Fax (401)941-5190
BrimfieldfieldExchange, 10 Palmer Ave., Box 459, Brimfield, MA 01010