Rare Goods Terms of Service
These Terms of Service (these “Terms”) govern access to and use of certain products, services and properties made available by Raregoods.com, owned and operated by Rare Goods, Inc., a Delaware corporation (“Rare Goods,” “we,” “us” or “our”). As used herein, the term “you” refers to each individual who enters into these Terms on such individual’s own behalf as a “User” or any entity on behalf of which an individual enters into these Terms. Our products and services include, but are not limited to, the creation, purchase, sale, or exchange of digital assets; our online and/or mobile services, website (“Site”), and software provided to effectuate those services (collectively, the “Service”). Rare Goods facilitates a platform for creators, buyers, and sellers of digital assets and other products. Rare Goods is not a broker, financial institution, or creditor. The service is administrative in nature. Rare Goods facilitates transactions between the buyer and seller but is not a party to any contract between the buyer and seller, or a party to any other agreement derived from the contract between buyers and sellers. It is agreed by site users that sellers shall be an intended third-party beneficiary of these terms with respect to the sold NFT Items and seller’s rights with respect thereto.
Site users bear the full responsibility for ensuring the identity and authenticity of NFT Items purchased via the Rare Goods’ platform. Rare Goods makes no representations or warranties regarding the authenticity of any digital asset sold on its platform. Use of the Service and Site are at the Users’ own risk. PLEASE READ THESE TERMS CAREFULLY. By using our Site, Service or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” or completing the minting process etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site or Service. You affirm and warrant that you are legally competent to enter into these Terms, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
Rare Goods reserves the right to change or modify these Terms at any time and in our sole discretion. Please review our “Change to These Terms” section for more details. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
By accepting these Terms, you agree to allow Rare Goods to send you periodic emails including, but not limited to, system maintenance announcements, newsletter, and other marketing materials. You may unsubscribe from these communications at any time.
The Service is an online platform that allows users to buy, sell, resell, or offer to buy or sell or resell unique non-fungible tokens (“NFTs”), and any digital and/or non-digital products, services and/or benefits to be furnished by or on behalf of sellers in connection with the sale of such NFTs (collectively with the NFTs, “NFT Items”), implemented on the one or more blockchain platform networks (the each, a “Blockchain Platform”) using smart contracts.
In these Terms, the content on the Service, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Service or used to create and operate the Service is the property of Rare Goods or its licensors, and is protected by domestic and international copyright laws, and all rights to the Service, such as Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Rare Goods.
Rare Goods grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Service, to download the mobile application to use the Service, and to view, copy and print the portions of the Content available to you on the Service for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to these Terms and specifically conditioned upon your compliance with these Terms. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.
The information collected when you provide information of any kind to Rare Goods is known as the “User Content.” By providing any User Content to Rare Goods, whether directly through your use of the Service, you grant Rare Goods and Rare Goods’ affiliates and service providers, and each of their and Rare Goods’ respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Service and for other purposes expressed herein. Rare Goods does not claim any ownership in any User Content, including any text, data, information, images, photographs, sound, video, or other material, that you upload, transmit, or store through the Service. You understand and acknowledge that you are responsible for any User Content submitted by you and have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. Rare Goods is not responsible, or liable to any third party, for the content or accuracy of any User Content submitted by you.
Rare Goods disclaims any and all liability in connection with or arising from User Content uploaded, stored, transmitted or otherwise distributed by you. By uploading, storing, transmitting or otherwise distributing User Content, you affirm, represent, and warrant that the User Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. Rare Goods reserves all rights and remedies against any Users who violate these Terms.
In the event Rare Goods receives any information or notice that any User Content uploaded, stored, transmitted or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Rare Goods reserves the right to immediately remove the User Content without notice to you and without any obligation to investigate an allegation of infringement. Rare Goods further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any User Content uploaded, stored, transmitted or otherwise distributed by you, without prior notice to you.
Therefore, by posting or distributing User Content to or through the Service, you (a) grant Rare Goods and its affiliates and subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Service, in the manner in and for the purposes for which the Service from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Service; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other users on the Service, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Service.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Service. And they are transferable because we need the right to transfer these licenses to any successor operator of the Service. We reserve the right to sell or otherwise transfer aggregate data generated from the Service to third parties. We have the right to “modify, adapt, translate, and create derivative works from such User Content because the normal operation of the Service does this to your User Content when it processes it for use on the Service and any such modified, adapted, or translated derivative work is the property of Rare Goods’ property.
Rare Goods has taken commercially reasonable measures to ensure the safety of User Content when it is being stored and transmitted.
To use certain features of the Service you will need to register for an account on the Service (“Account”). Account registrants must be at least eighteen (18) years old. When creating an account, you agree to (i) provide accurate, current, and complete Account information about yourself, (ii) maintain and promptly update as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) notify Rare Goods of any possible breach in security of your Account. You may not have more than one Account, and Rare Goods reserves the right to block multiple accounts of the same user. You further agree that you will not allow access to your account or username to third parties without our express written permission; register for a new account after deletion of an old account for violation of these terms.
Rare Goods may require you to provide excess information and/or documents at the request of Rare Goods or any other authority or to help Rare Goods comply with applicable law, regulation, or policy, including laws related to money laundering or terrorism. For example, you may be required to complete our Know Your Customer onboarding requirements, if requested by Rare Goods. In such cases, Rare Goods, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been received, reviewed, and accepted. Failure to comply with this section will result in further canceling of transactions, reporting, and/or cancellation of Account(s).
You consent to receive electronic communications from Rare Goods (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirements that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.
When you register for an Account, you hereby represent and warrant, to and for the benefit of Rare Goods and its affiliates, that you have all requisite capacity, authority, power, and/or license to enter into and perform your obligations under these terms and that all information provided to Rare Goods is accurate. You further represent and warrant that you are sophisticated and informed in the area of Minting, listing, buying, selling or trading of any NFT Items. Any purchase, sale, Minting, or other action taken on the Rare Goods platform is done independently and of your on volition. You further represent and warrant that you are the sole owner of all right, title, and interest to any NFT Items you sell or offer for sale on the Rare Goods platform.
You and/or Rare Goods may terminate your use of the Service at any time. Specifically, we reserve the right to terminate your user account and your use of the Service without prior notice if we believe in our discretion that you have violated or acted inconsistently with these Terms. When your account is terminated, we may retain an archival copy of your User Content after termination for up to sixty (60) days; however, we do not make any guarantee that we will do so. Notwithstanding the foregoing, certain information uploaded to the Service cannot be deleted, but such information will not identify you personally.
By agreeing to these Terms, you agree not to (or authorize or encourage any third party to) use the Service (a) upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Rare Goods; (b) upload, store, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) use the Service for any fraudulent or inappropriate purpose, (d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity; or (e) use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
Rare Goods reserves the right to scan all User Content to ensure compliance with these Terms. In the event Rare Goods determines, in its sole discretion, that your use of the Service is in violation of these Terms, Rare Goods shall have the right without recourse by the user to immediately terminate your account.
General Price and Payment
All pricing and payment terms are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. While Rare Goods may facilitate a transaction, Rare Goods is not a party to any transaction on the Service between sellers and buyers. Terms of price and payment shall dictate the type of currency required for each transaction. Those terms shall be binding on the buyer and seller. Rare Goods may charge a fee to sellers when NFT Items are sold. Rare Goods, via its third-party payment processor, may accept, settle, or otherwise process payments made in cryptocurrency. In some instances, Rare Goods, via its third-party processor, may facilitate payments of fiat currency. You shall be bound by Rare Goods’ third-party processor’s terms and conditions. Rare Goods reserves the right to change its payment processing services at any time. Rare Goods shall effectively be a limited agent with regard to payments derived from minting of NFT Items and their subsequent sale. Rare Goods reserves the right to holdback any amounts due and/or owing when facilitating such payments as agent.
The fees and terms of NFT Items listed on Rare Goods are established by sellers. Buyers agree to pay all amounts due in accordance with the payment terms in effect when the purchase order is submitted, including any applicable service, transaction, or processing fees.
Transactions may be processed in U.S. dollars (“USD”) or cryptocurrency as specified at point of purchase.
Rare Goods reserves the right (but is under no obligation) to cancel a buyer’s purchase request if: (i) buyer’s payment method is declined; or (ii) a buyer has previously been banned or removed from Rare Goods for any reason. Rare Goods also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to the seller and buyer.
Payment for purchased NFT will be released to the seller or reseller upon completion of a Sale.
All purchases are non-refundable.
Payment Questions: If you have a question about a charge to your payment card, please contact firstname.lastname@example.org.
Officially licensed NFTs will be available for resale within the marketplace once owned by a user. Not all NFTs are eligible for transfer and export to third-party marketplaces or wallets.
As specific NFTs become available for third-party transfer, the following safety and regulatory requirements and steps may be required before you can receive your NFTs. Those requirements are:
KYC and Transaction Threshold
Although Rare Goods does not impose a minimum or maximum transaction threshold, Rare Goods may be required to conduct mandatory Know Your Customer (KYC) procedures when cumulative transactions reach a certain threshold under our KYC policies.
Any links on the Rare Goods platform to third party services (“Third-Party Properties”) and applications (“Third-Party Applications”) are not affiliated with these terms and conditions and the use of those Third-Party-Properties and Third-Party-Applications will be governed by their own terms and conditions, if any. Rare Goods has no affiliation, control, or other relationship with said third parties.
You agree that you shall not provide misrepresentations of material facts or otherwise misleading information to Rare Goods or its users; use another Account without authorization from Rare Goods; violate or attempt to violate the terms and conditions as stated herein; interfere with other users’ use and enjoyment of the Service; damage, harm, or impair the service in any way or attempt to discover information protected by Rare Goods security protocols; use or disseminate any Users’ data for profit or any other purpose; or, use Rare Goods Service for purposes of funding illegal activities including, but not limited to terrorism, money laundering or the unregistered sale of securities.
Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below: your address, telephone number, and email address; a description of the work that you claim is being infringed; a description of the material that you claim is infringing and are requesting be removed along with information about where it is located; a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Email us with the information at: email@example.com
ASSUMPTION OF RISK RELATED TO NFT ITEMS
YOU ACKNOWLEDGE AND AGREE THAT THE PRICES OF DIGITAL ASSETS CAN BE VOLATILE AND SUBJECT TO EXTREME FLUCTUATION. NFT IS A TYPE OF DIGITAL ASSET, ALSO KNOWN AS CRYPTOCURRENCY. “CRYPTOCURRENCIES” REFERS TO DISTRIBUTED, DECENTRALIZED PEER-TO-PEER DIGITAL CURRENCIES, COINS, OR TOKENS, AND ACTIONS WITH CRYPTOCURRENCIES CARRY INHERENT RISKS. CRYPTOCURRENCIES ARE UNINSURED, FOR MOST PARTS UNREGULATED, AND DECENTRALIZED, AND THE VALUE OF ANY NFT OR ANY AMOUNT OF ANY CRYPTOCURRENCY IS SUBJECT TO CHANGE DUE TO FLUCTUATING MARKET PRICES. RARE GOODS DOES NOT GUARANTEE A PROSPECTIVE PURCHASER OR SELLER’S PROFIT OR THE CONDITIONS OF ANY DIGITAL AND/OR NON-DIGITAL PRODUCTS, SERVICES AND/OR BENEFITS TO BE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH NFTS. THE USER RETAINS FULL RESPONSIBILITY FOR THE OUTCOME OF EACH TRANSACTION, INCLUDING BUT NOT LIMITED TO THE TAX CONSEQUENCES ASSOCIATED THEREWITH. THE SERVICE IS BEHOLDEN TO CHANGES IN GOVERNMENTAL TREATMENT OF DIGITAL ASSETS AND MAKES NO REPRESENTATIONS AS TO THE CURRENT OR FUTURE LEGALITY OF DIGITAL CURRENCY, ITS USE OR TRANSFER. RARE GOODS CANNOT AND DOES NOT WARRANT OR GUARANTEE THE AUTHENTICITY OF ANY NFT ITEMS OR THEIR LEGALITY.
THE SERVICE, CONTENT, LISTED NFT ITEMS ARE SOLD AND HELD OUT FOR SALE “AS IS” WITHOUT WARRANTY OR CONDITIONS, EITHER EXPRESS OR IMPLIED. RARE GOODS MAKES NO PROMISE THAT THE SERVICE WILL SUIT YOUR INDIVIDUAL GOALS AND/OR NEED; BE TIMELY OR SECURE; OR, BE ACCURATE OR WITHOUT FAULT. RARE GOODS DISCLAIMS ALL WARRANTIES OR CONDITIONS INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES FITNESS FOR A PARTICULAR PURPOSE. RARE GOODS WILL NOT BE LIABLE FOR ANY LOSS DERIVED FROM ANY USER’S USE OF THE SERVICE. USERS ACCEPT THE SECURITY RISKS ASSOCIATED WITH ONLINE PLATFORMS AND SHALL HOLD RARE GOODS NOT RESPONSIBLE FROM ANY DAMAGES ARISING FROM A BREACH OF SECURITY OR ANY OTHER MALFEASANCE. RARE GOODS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM USER ERROR; SERVER FAILURE; CORRUPTED FILES; UNAUTHORIZED ACCESS, OR ANY OTHER ACTS OR OMISSIONS THAT MAY RESULT IN USER DAMAGES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUR OWN RISK AND THAT OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RARE GOODS DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, THE RARE GOODS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SERVICE OR THE CONTENT OF ANY SOCIAL MEDIA PLATFORM OR THIRD-PARTY WEBSITE LINKED TO OR INTEGRATED WITH OUR PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT RARE GOODS WILL HAVE NO LIABILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, ANY PERSONAL INFORMATION, OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH OUR SITE; OR (VI) ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT POSTED OR SHARED THROUGH OUR SITE.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RARE GOODS IS EXCLUDED FROM LIABILITY FOR ANY LOSSES OR DAMAGES WHICH THE USER MAY SUFFER, WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE OR CONSEQUENTIAL, WHICH FALL WITHIN ANY OF THE FOLLOWING CATEGORIES: (I) LOSS OF NFT AFTER NFT HAS BEEN RELEASED BY RARE GOODS TO THE USER; II) ANY USER’S LOSS OF NFT ARISING AS A RESULT OF ANY OF USER’S LOSS OF WALLET KEYS, USER’S ACTS OR OMISSIONS, OR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY; AND (II) LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING:
(A) ANY DEFECT, BREACH, HACK OR INSECURITY IN ANY THIRD-PARTY SYSTEMS INVOLVED IN TRANSMITTING, RECEIVING AND/OR STORING NFTS;
(B) ANY INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY USER, INCLUDING, BUT NOT LIMITED TO, WALLET ADDRESS USED FOR RECEIVING NFTS, OR END USER USE ERRORS;
(C) ANY CHANGES TO THE REGULATORY, LEGISLATIVE OR TECHNICAL ENVIRONMENT APPLICABLE TO CRYPTOCURRENCIES, TRANSMISSION AND/OR STORAGE OF CRYPTOCURRENCY;
(D) ANY CHANGE IN THE VALUE OF NFTS.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RARE GOODS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE NFT OR THE DIGITAL AND/OR NON-DIGITAL PRODUCTS, SERVICES AND/OR BENEFITS TO BE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH NFTS FOR:
(A) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID TO RARE GOODS FOR THE SPECIFIC NFT TRANSACTION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Arbitration: You and Rare Goods agree to resolve any disputes between you and Rare Goods through binding and final arbitration instead of through court proceedings. You and Rare Goods each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Rare Goods relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. Each party shall be responsible for its own costs and fees.
No Preclusions: This arbitration agreement does not preclude you or Rare Goods from seeking action by federal, state, or local government agencies. You and Rare Goods each also have the right to bring any qualifying Claim in small claims court. In addition, you and Rare Goods each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
No Class Representative or Private Attorney General: You and Rare Goods each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Rare Goods). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Severability/No Waiver/Survival: If any provision of this Section is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section will continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section will survive the termination of your relationship with Rare Goods.
Your acceptance of these terms and conditions acts as your full release of Rare Goods, its successors and assigns from any and all claims, demands, damages, or any other causes of action including injunctive relief, whether existing or prospective, known or unknown, that is/are derived either directly or indirectly from the Service or Site.
You agree to defend, indemnify and hold harmless Rare Goods, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that Rare Goods may sustain or incur by reason of (a) your use of the Service, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from Content submitted by you, (d) any claim that any User Content submitted by you caused damage to a third party, or (e) any other violation of these Terms. Your obligation to defend, indemnify and hold harmless Rare Goods shall survive these the termination of any license between you and Rare Goods, including these Terms.
When you visit or use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Under no circumstances will any Rare Goods Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Rare Goods Party.
Choice of Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Washington without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Clark County, Washington You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
No Waiver or Amendment
The failure by Rare Goods to enforce any right or provision of these Terms will not prevent Rare Goods from enforcing such right or provision in the future and will not be deemed to modify these Terms.
Rare Goods may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
Changes to these Terms
We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.
The Service is offered by Rare Goods, contact us at: firstname.lastname@example.org
Date last updated: 02/20/2022