TERMS OF USE (OTHERWISE KNOWN AS TERMS OF SERVICE, TOS, TERMS AND CONDITIONS, OR SERVICE)

1. DISCLAIMER OF WARRANTY

(a) THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” AS TO THE WEBSITES, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE WEBSITES. ALL ITEMS SOLD OR PURCHASED IN SALES ON THE WEBSITE AND ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITES, SHALL BE SO SOLD, PURCHASED AND OBTAINED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY SALE OR YOUR USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITES.

(b) WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITES; (B) THE WEBSITES WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEBSITES WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITES WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) ANY ITEM OFFERED FOR SALE AND SOLD IN A SALE ON THE WEBSITES OR ANY CONTENT ON THE WEBSITES IS LAWFUL, APPROPRIATE OR AVAILABLE FOR SALE, PURCHASE OR USE IN ANY PARTICULAR LOCATION; OR (G) OTHER PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITES ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION. 

(c) YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFACTION WITH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE WEBSITES OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED. 

2. LIMITATION OF LIABILITY

(a) WE SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY SALE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE, LICENSE FEE OR OTHER SIMILAR FEES PAID BY YOU TO US FOR ACCESS TO THE CONTENT, ITEM, PRODUCT OR SERVICE WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL WORTHPOINT’S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.

3. INDEMNIFICATION 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SOARES ANTIQUES AND SOARES ANTIQUES AFFILIATES, OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE WEBSITES OR YOUR VIOLATION OF THESE TERMS OF USE.

4. OTHER

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Website, will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Website, shall be subject to the exclusive jurisdiction of state or federal courts located in Riverside County, California, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and Soares Antiques relating to your use of the Website, superseding any other agreement between you and Soares Antiques with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect. 

5. COPYRIGHT INFRINGEMENT 

If you believe our activities infringe on your copyright or other intellectual property rights, please inform us immediately. It is our policy to cooperate with all content providers regarding the protection of intellectual property. Further, it is our policy to promptly respond to notices of alleged infringement of copyright and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity. Pursuant to the Digital Millennium Copyright Act of 1998, For notice of alleged copyright infringement please contact Soares Antiques for immediate resolution.

6. TERMINATION

You agree that Soares Antiques, in its sole discretion, may terminate your order (or any part thereof) or use of the site, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if Soares Antiques believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Soares Antiques may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Soares Antiques may immediately deactivate or delete your account or order and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Soares Antiques shall not be liable to you or any third-party for any termination of your access to the Service.

7. SHIPPING

Soares Antiques reserves the right to change the shipping method but not the price charged the customer should an item require a non-standard container to ship the item safely that substantially raises the shipping cost.

8. CONTACT US

(A) For all issues or questions please use the following contact information:

By Mail: Soares Antiques.
P.O. Box 154
Beaumont, California 92223-0154

By Phone: (951) 741-3484

[View Shopping Cart][Checkout Shopping Cart]