Terms of Use

Last updated on November 28, 2007

The BondandBowery.com web site (the "Site") is a service of C/34 Corporation d/b/a Bond & Bowery ("Bond & Bowery", "us" or "we"). These BondandBowery.com Terms of Use ("Terms of Use") set forth the terms and conditions under which you may enter and use the Site and any services available on the Site including, without limitation, (a) the ability to view and search merchandise listed posted by third party dealers ("Dealer" or "Dealers") on the Site, and (b) the Bond & Bowery Option (as defined in Section 4 below) (collectively the "Service").

BY ENTERING OR USING THE SITE AND/OR BY REGISTERING WITH THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ENTER OR USE THE SITE.

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 9 AND 10 BELOW.

WE MAY REVISE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. YOUR CONTINUED ENTRY TO AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE. ADDITIONALLY, FROM TIME-TO-TIME WE MAY POST ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SPECIFIC PORTIONS OR FEATURES OF THE SITE AND EXPRESSLY PROVIDE THAT SUCH ADDITIONAL TERMS AND CONDITIONS SUPPLEMENT THESE TERMS OF USE. IN SUCH EVENT, SUCH ADDITIONAL TERMS AND CONDITIONS SHALL BE DEEMED PART OF THESE TERMS OF USE. YOU AGREE TO ABIDE BY SUCH ADDITIONAL TERMS AND CONDITIONS. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF USE AND SUCH ADDITIONAL TERMS AND CONDITIONS, SUCH ADDITIONAL TERMS AND CONDITIONS SHALL CONTROL WITH RESPECT TO YOUR USE OF THAT FEATURE OR PORTION OF THE SITE.

1. General Use and Restrictions.

1.1 Use of Site.  Subject to the further provisions set forth in these Terms of Use, Bond & Bowery grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site solely for the purpose of searching and viewing information about goods posted on the Site by Dealers (the "Goods") and for other purposes expressly permitted by Bond & Bowery in writing on the Site. You agree not to enter or use the Site for any purpose that is prohibited by these Terms of Use or is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

1.2 Information Provided.  If you provide any information to us, you agree to provide only true, accurate, current and complete information. You further agree that you will not provide any information to the Site that (a) may infringe a copyright or trademark, or any other intellectual property right, (b) may violate the privacy rights of another, or (c) may violate any applicable municipal, state or federal law, rule, regulation or ordinance, in each instance when used as contemplated by the Site. Without limiting any other right we have to terminate your use of the Site, we may, in appropriate circumstances and at our discretion, terminate your use of the Site if we believe that you are infringing, or have infringed, the intellectual property rights of others or you are aiding or threatening, or have aided or threatened, such infringement.

1.3 Use of Content.  If you are a Member (as defined in Section 2.3 below), you may print a single copy of any information displayed on the Site (collectively, "Content") that you are authorized to access; provided that you (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of these Terms of Use including, without limitation, Section 1.4 below.

1.4 Restrictions.  Other than printing a single copy of particular Content as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

2. The Services.

2.1 General.  The Site provides an online showroom that allows users to view and/or obtain information about Goods posted on the Site for the purpose of purchasing such Goods from the Dealer of the Goods. Dealers are under no obligation to (a) sell any Goods displayed on the Site, (b) negotiate exclusively with any one party regarding the sale of any Goods, and/or (c) retain the Goods that are posted on the site in inventory. A user’s ability to use the services provided on the Site depends on the particular user’s membership status. Bond & Bowery does not have any obligation to monitor the Site or Goods and other Content posted on the Site, and does not review or verify the accuracy of any information posted by Dealers regarding the Goods including, without limitation, any information regarding the quality or condition of such Goods.

2.2 Dealer Services.  If you are interested in posting Goods on the Service, you may apply to be a Dealer by completing the form. We will determine, in our sole and absolute discretion, whether to offer you the opportunity to become a Dealer. If we do extend such an offer to you, you will be required to sign our Dealer Listing Agreement before becoming a Dealer.

2.3 Account and Password.  If we issue an account to use the Service to you (an "Account"), we will also issue a username and/or password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a "Member"). You may not authorize any third party to enter and/or use your Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your password and other information relating to your Account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your Account, you will be responsible for all use by the party using your Account.

2.4 Membership Status.  The Services available to users that are not members ("Unregistered Users") and Members of the Site vary. Unregistered Users do not have access to all of the Content and/or Services available to Members. The Services and/or Content available to Members depends on each Member’s membership status, as determined at the time the Member registers with the Site, and as further detailed in the Membership section on the Site. Members may be classified as either Standard Members, or Premium Members.

2.5 Term of Service.  Each Account for Standard Members is established until the Account is terminated. Subject to earlier termination as provided in these Terms of Use, each Account for Premium Members is established for a period for which the applicable fee is paid (i.e., monthly or annually) and, unless otherwise indicated, shall automatically renew for the same period. We may terminate or suspend your use of the Service at any time without notice. If we terminate your use of the Service in its entirety and without cause, then you will be entitled to a refund, on a pro-rata basis, of the amount of payments that you have made corresponding to the portion of your Service remaining as of the date of termination. You shall remain liable for any fees accrued prior to the date of termination.

3. Availability of Goods and Sales Transactions.

3.1 Sale of Goods.  Except as provided in Section 4 below, no sale, license, lease, or other transfer of any right in any Good listed by a Dealer on the Service shall be made by Dealer to any user of the Service though the Service. Any sale, license, lease, or other transfer of any right in any merchandise listed by Dealer on the Site shall be between a separate agreement between Dealer and the applicable user.

3.2 Agency; Terms and Conditions of a Sale.  Bond & Bowery is not an agent of any Unregistered User, Member or Dealer. Subject to the terms of Section 4 below, Unregistered Users, Members and Dealers are responsible for negotiating directly with one another to establish the terms and conditions of any sale of Goods including, without limitation, the terms governing the payment for and delivery of such Goods. Bond & Bowery is not responsible for any Unregistered User’s, Member’s or Dealer’s failure to comply with any such terms and conditions.

4. The Bond & Bowery Option.  The Bond & Bowery option (the “Bond & Bowery Option”) is a service of Bond & Bowery that allows a Member to make an offer to a Dealer through the Site to purchase Goods listed on the Site by such Dealer. This Section 4 applies to you if you are a Member and you submit an offer to purchase Goods via the Bond & Bowery Option.

4.1 Submission of an Offer or Counteroffer by a Member to Purchase Merchandise; Member’s Response to a Counteroffer by Dealer.  You may submit an offer to purchase specific Goods listed on the Site by a Dealer by (a) selecting the "Bond & Bowery Option" link accessible on the web page where the applicable Goods are listed, (b) indicating the offer price in the space provided, and (c) clicking the "Submit" button (an "Offer"). The amount of the purchase price for each Offer will be the only negotiable term of such Offer. Each Offer shall be deemed to be subject to the following terms and conditions: "Each Offer is irrevocable and shall remain open for five (5) Business Days after the date of dealer’s receipt of the Offer from Bond & Bowery. All merchandise displayed on the Site by a dealer is subject to availability. For the avoidance of doubt, dealer is under no obligation to sell any merchandise displayed on the Site, dealer is under no obligation to negotiate with the offeror regarding the sale of any merchandise, and dealer is under no obligation to retain the merchandise that is the subject of the Offer and may sell any such merchandise to any third party even during such five (5) Business Day period. As used in this Offer, the term 'Business Day' means Monday through Friday, excluding federal holidays." All other terms of each Offer are set forth in Section 4.5 below or are otherwise provided by law, which terms and conditions shall be deemed to be incorporated into each Offer. Although you may make additional comments in any space provided for such comments, or in any other communication, such comments will not amend, supplement or otherwise affect the terms and conditions of the Offer as set forth in this Section 4.1 or set forth below in Section 4.5, and shall have no force or effect. After you select the "Bond & Bowery Option" link and submit your Offer by clicking the "Submit" button, Bond & Bowery will make reasonable efforts to convey the Offer to Dealer. You agree to negotiate exclusively through Bond & Bowery regarding the sale of the Goods that are the subject of the Offer. Upon receipt of a counteroffer from Dealer, if any, you shall inform Bond & Bowery in writing via e-mail to the e-mail address designated by Bond & Bowery whether you (x) accept the counteroffer, (y) decline the counteroffer, or (z) would like to counteroffer, in which case you must also provide Bond & Bowery with the amount of any such counteroffer, and such counteroffer shall be treated as an Offer under these Terms of Use. You may accept a Dealer’s counteroffer only by notifying Bond & Bowery of such acceptance via e-mail to the e-mail address designated by Bond & Bowery. Your failure to respond to a Dealer’s counteroffer within three (3) Business Days after your receipt of the counteroffer shall be deemed a rejection of such counteroffer. A counteroffer is deemed to be received by you on the date that Bond & Bowery sends the counteroffer to you via electronic mail to any e-mail address provided by you to Bond & Bowery. As used in these Terms of Use, the term "Business Day" means Monday through Friday, excluding federal holidays.

4.2 Anonymity.  Upon your request at the time you submit an Offer, Bond & Bowery will make reasonable efforts not to identify you by name to the Dealer. You may use the space provided to make additional comments at the time you submit an Offer to submit said request.

4.3 Dealer’s Response to Offer.  Upon receipt of an Offer, Dealer may inform Bond & Bowery whether it (a) accepts the Offer, (b) declines the Offer, or (c) would like to make a counteroffer, in which case Dealer will provide the price term of any such counteroffer. Bond & Bowery will make reasonable efforts to convey Dealer’s response, if any, to you. If Dealer informs Bond & Bowery within five (5) Business Days after Dealer’s receipt of the Offer from Bond & Bowery that it accepts such Offer, the Offer shall be deemed accepted, regardless of when Bond & Bowery conveys such acceptance to you. If Dealer informs Bond & Bowery within five (5) Business Days after Dealer’s receipt of the Offer from Bond & Bowery that it rejects such Offer, or if Dealer does not provide Bond & Bowery with a response to the Offer or makes a counteroffer within such five (5) Business Day period, the Offer shall be deemed rejected. Bond & Bowery will make reasonable efforts to, as applicable, inform you whether the Offer is accepted or rejected and, if Dealer provides Bond & Bowery with the price term of any counteroffer, present such counteroffer to you. Each counteroffer by a Dealer shall be deemed to be made subject to the following terms and conditions: "Each counteroffer may be revoked by Dealer by giving Bond & Bowery electronic notice of such revocation, and the revocation shall be deemed effective on the date Bond & Bowery receives such electronic notice, regardless of when Bond & Bowery conveys such acceptance to purchaser. All merchandise displayed on the Site by a dealer is subject to availability. For the avoidance of doubt, dealer is under no obligation to sell any merchandise displayed on the Site, dealer is under no obligation to negotiate with any one party regarding the sale of any merchandise, and dealer is under no obligation to retain the merchandise that is the subject of the counteroffer and may sell said merchandise to any third party at any time even during the three (3) Business Day period during which you may accept such counteroffer. For the avoidance of doubt, Dealer may sell any merchandise at any time prior to Dealer's receipt of notice from Bond & Bowery that you have accepted any counteroffer. As used in this counteroffer, the term 'Business Day' means Monday through Friday, excluding federal holidays." If Dealer revokes any counteroffer, Bond & Bowery will make reasonable efforts to convey such revocation to you. All other terms of each counteroffer are set forth in Section 4.5 below or are otherwise provided by law, which terms and conditions shall be deemed to be incorporated into each counteroffer.

4.4 No Sales by Bond & Bowery.  Bond & Bowery does not sell goods, and makes no warranty or representation as to the availability or quality of merchandise posted on the Site. Notwithstanding the fact that Bond & Bowery may communicate terms and conditions between you and a Dealer with respect to the purchase of merchandise and may collect payments from you, the sale of any merchandise purchased by you is solely between you and Dealer, and not Bond & Bowery. Accordingly, Bond & Bowery shall have no duties to you, fiduciary or otherwise, in connection with any Offer or counteroffers (whether or not accepted), any resulting contract for sale, and/or any subsequent sales, and, to the extent that any such duties are now or hereafter implied by these Terms of Use or otherwise by law, such duties shall be deemed waived by you. Without limiting the generality of the foregoing, Bond & Bowery shall have no responsibility (a) for any Dealer’s failure to ship or otherwise make available any merchandise purchased through the Bond & Bowery Option or (b) to otherwise perform any of the Dealer’s obligations with respect to such merchandise.

4.5 Terms and Conditions of Offer.  Each Offer and any counteroffer shall be deemed to incorporate only the price submitted by, as applicable, you or the Dealer, as applicable, the terms set forth above in Section 4.1 or Section 4.3, and the terms and conditions set forth in this Section 4.5 or otherwise provided by law (any other terms and conditions that you may include in any Offer shall have no force or effect):

"All sales shall be FOB shipping. Upon purchaser's payment to Bond & Bowery of the agreed upon purchase price and all applicable fees, taxes and expenses, and upon Bond & Bowery's payment to dealer of the purchase price and any applicable expenses that dealer is to pay, dealer shall ship the purchased merchandise to the purchaser (or to such third party as the purchaser may designate) via the shipper selected by purchaser. Title and risk of loss shall pass to purchaser when dealer places the merchandise in the hands of the shipper selected by purchaser. Dealer (and not Bond & Bowery ) represents and warrants to purchaser that (a) dealer has the right to list and sell the applicable merchandise, and (b) all descriptions and depictions of the merchandise listed on the Site are truthful, accurate and in compliance with applicable law. Except as expressly provided above in this paragraph, the merchandise is sold "AS IS" and neither Bond & Bowery nor the applicable dealer make any representations or warranties with respect to such merchandise offers and counteroffers. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS PARAGRAPH, THE APPLICABLE DEALER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL OR WITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE APPLICABLE DEALER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WITH RESPECT TO THE APPLICABLE MERCHANDISE AND HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES AND/OR REPRESENTATIONS. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS PARAGRAPH, BOND & BOWERY AND THE APPLICABLE DEALER FURTHER DISCLAIM ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE APPLICABLE MERCHANDISE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL DEALER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OF GOODS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF THE DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you. The purchase price does not include any sales, use, value-added, withholding and other taxes and duties assessed in connection with the sale of the merchandise. Purchaser agrees to pay all such sales, use, value-added, withholding and other taxes and duties other than taxes payable on dealer’s net income. Purchaser and Dealer agree that (a) Bond & Bowery is not a party to any offer, counteroffer, and/or resulting contract, (b) that the sale of any merchandise purchased is solely between purchaser and Dealer, and (c) that Bond & Bowery shall have no liability for any damages arising out of or in any way connected with any such offer, counteroffer, and/or resulting contract."