Cavalier Auctions Conditions of Website Use
The www.cavalierauctions.com website (the “Site”) is comprised of various web pages operated by Cavalier Galleries, Inc./Cavalier Auctions (“Cavalier Auctions”). www.cavalierauctions.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.cavalierauctions.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.cavalierauctions.com is an online auction website.
Cavalier Auctions offers timed online auctions of fine art including paintings, sculptures, photographs, and books.
Visiting the Site or sending emails to Cavalier Auctions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept legal responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cavalier Auctions is not responsible for any third-party access to your account that results from theft or misappropriation of your account. Cavalier Auctions and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content, at any time, at our sole discretion.
Children Under 13
Cavalier Auctions does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
All Sales are final.
Links to Third Party/Third Party Services
The Site may contain links to other websites (“Linked Sites”) and third-party advertisements. The Linked Sites are not under the control of Cavalier Auctions and Cavalier Auctions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cavalier Auctions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cavalier Auctions of the Site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.cavalierauctions.com domain, you hereby acknowledge and consent that Cavalier Auctions may share such information and data with any third party with whom Cavalier Auctions has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cavalier Auctions or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or part, found of the Site. Cavalier Auctions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of Cavalier Auctions and the copyright owner. You agree that you do not acquire any ownership rights in copying any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cavalier Auctions or our licensors except as expressly authorized by these Terms.
The Site is controlled, operated and administered by Cavalier Auctions from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws in your jurisdiction. You agree that you will not use the Cavalier Auction Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless Cavalier Auctions, its officers, directors, employees, agents, successors, assigns, and third parties, from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cavalier Auctions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cavalier Auctions in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of, or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Torn claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Actions Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTYS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS A PRIVATE ATTORNEY-GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Cavalier Auctions agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAVALIER AUCTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CAVALIER AUCTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAVALIER AUCTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Cavalier Auctions reserves the right, at its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of, or relating to, the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cavalier Auctions as a result of this agreement or use of the Site. Cavalier Auctions’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cavalier Auctions’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cavalier Auctions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to Terms
Cavalier Auctions reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Cavalier Auctions encourages you to review the Terms periodically to stay informed of our updates.