Please review the following Terms and Conditions prior to using the MADA Bulletin Board. MADA itself is in no way involved in the posting, requesting, or reviewing of the content and information, including vendors and services, that appear on the Bulletin Board page, and all aspects of any relationships, services, transactions, communications, interactions, payments, or disputes that arise from posts on the Bulletin Board page are strictly between and among those users involved, and MADA expressly disclaims any interest, involvement, obligation, or responsibility.
For the purposes of these Terms and Conditions:
1. MADA: "MADA" refers to the Maine Antiques Dealers Association.
2. MADA Website: "MADA Website" refers to the MADA website generally, including www.maineantiques.org and its sub-pages.
3. MADA Bulletin Board: "MADA Bulletin Board" refers specifically to the portion of the MADA Website consisting of an online bulletin board service where vendors who perform services related to antiques and antique dealing can post information about services they provide, where users can request the services of such vendors, and where users can review and rate their experiences with such vendors.
1. IMPORTANT. READ CAREFULLY: By using the MADA Bulletin Board service, you agree to these Terms and Conditions. These terms and conditions apply exclusively to your access to and use of the MADA Bulletin Board and do not alter in any way the terms or conditions of any other agreement you may have with MADA. If you do not agree to these Terms and Conditions, do not use the MADA Bulletin Board service, or, if you are already using it, cease use immediately.
2. MADA is a Venue: MADA, the MADA Website, and the MADA Bulletin Board act as a venue to allow users who comply with MADA's policies to post information about, request, or review certain services. MADA is not directly involved in any interactions between users, including but not limited to any further business relationships undertaken as a result of information posted on the MADA Bulletin Board. By using the MADA Bulletin Board service, you acknowledge and agree:
2.1 MADA does not make any guarantees as to the truth or quality of any statements or information posted on the MADA Bulletin Board.
2.2 The providing of bulletin board services should in no way be construed as MADA endorsing or recommending any of the users or posts on the site.
2.3 The scope of MADA's involvement with the content and information appearing on the MADA Bulletin Board ends with its role as the provider of the bulletin board service. In no way does it act as agent on behalf of any of its Bulletin Board users.
2.4 Any grievance or conflict, legal or otherwise, arising from the posting, requesting, or reviewing of anything on the MADA Website Bulletin Board is solely between the involved users and does not involve MADA.
2.5 MADA has the right, but not the obligation, to monitor any activity and content associated with the MADA Bulletin Board.
2.6 MADA reserves the right to remove listings on the MADA Website Bulletin Board at its sole discretion and/or in response to requests or directives from law enforcement, court orders, takedown notices, or similar requests or decrees.
2.7 MADA makes no uptime guarantees for the MADA Website Bulletin Board.
2.8 MADA has no obligations with regard to the backing up of data on the MADA Website Bulletin Board, and persons posting content are advised to back up their own listings and data.
3. Bulletin Board Prohibitions: The MADA Bulletin Board service includes the capability for users to post or request information or reviews of services, but MADA again expressly states that its involvement is limited to providing the bulletin board service, and is strictly non-commercial in nature. By using the bulletin board service, you agree NOT to do any of the following:
3.1 Upload to, distribute or otherwise publish through this Web site any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
3.2 Upload or transmit any content or information that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3.3 Upload or transmit any content or information that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute or reproduce such content; and
3.4 Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
4. Compliance: You agree to comply with all local and applicable laws regarding online conduct and acceptable content. In addition, you must abide by MADA policies and any MADA policy documents that are applicable to your activities on or use of the MADA Website, as well as all other operating rules, policies, procedures, terms and conditions that may be published from time to time on the MADA Website by MADA and each of which may be updated by MADA from time to time without notice to you.
5. Accuracy of this Site: These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at MADA's discretion as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites and some of the information accessed through these web pages may originate outside of MADA. MADA excludes any obligation or responsibility for this content, and does not warrant or make any representations regarding the information or content appearing on the MADA Bulletin Board in terms of correctness, accuracy, timeliness, reliability, or otherwise.
6. Viruses: MADA makes all reasonable attempts to exclude viruses from the MADA Website, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information or content from the MADA Website.
7. Disclaimer of Warranties: MADA again expressly states that it disclaims all interest and/or involvement in any relationships, services, transactions, communications, interactions, payments, or disputes that arise out of content or information posted on the MADA Bulletin Board. MADA, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose, relating to any and all transactions or business relationships that develop as a result of the MADA Bulletin Board. MADA and its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the MADA Website or systems, including the MADA Bulletin Board. No information obtained via the MADA Website shall create any warranty not expressly stated by MADA in these Terms and Conditions. Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
8. Limitation of Liability: To the extent permitted by law, in no event shall MADA, its affiliates, licensors or any third parties mentioned on the MADA Website be held liable as a result of the use of the MADA Bulletin Board or the actions and/or inactions of any users of the MADA Bulletin Board. This specifically includes no liability for any harm resulting from requesting, posting, or reviewing on the MADA Bulletin Board, including pecuniary harm, lost profits, any incidental, indirect, exemplary, punitive or consequential damages, or any damages resulting from lost data and/or business interruption resulting from the use of the MADA Website, encompassing all relationships, services, transactions, communications, interactions, payments, or disputes that arise out of the use of the MADA Bulletin Board, the inability to use the MADA Bulletin Board, MADA systems, services, content or information whether based on warranty, contract, tort, or any other legal theory, regardless of whether or not MADA is advised of the possibility of such damages.
8.1 Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall MADA's total liability for any damages (direct or otherwise) or loss, regardless of the form of action or claim, whether in contract, tort or otherwise, exceed $100.00. To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and exhaustive, and are limited to those expressly provided for in these Terms and Conditions.
9. Passwords: For all users, keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MADA of any unauthorized use of your password or any breach of security. You also agree that MADA cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than MADA without MADA's express written permission.
10. Right to Refuse Service: MADA's services are not available to temporarily or indefinitely suspended MADA members. MADA reserves the right, at MADA's sole discretion, to cancel unconfirmed or inactive accounts. MADA reserves the absolute discretion to refuse service to anyone, for any reason, at any time, which can include termination of one's right to access the MADA Bulletin Board.
11. Fees and Services: Listing a service, request, or review on the MADA Bulletin Board is free and is contingent upon agreement with these Terms and Conditions. MADA reserves the right and sole discretion to charge a fee for use of the MADA Bulletin Board service at a future date.