The following describes the terms on which The Climbing Tree Children’s Museum, Inc., through its Marketplace website, offers you access to our services:
General Terms and Conditions:
You will not hold The Climbing Tree Children’s Museum, Inc. (THE CLIMBING TREE) or its Marketplace website (MARKETPLACE) responsible for other users’ content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our site is a venue to allow anyone to offer, sell, and buy items, at anytime, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, and as further stated below, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
Disclaimer of Warranties:
THE CLIMBING TREE DISCLAIMS AND RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE MARKETPLACE. THE MARKETPLACE IS PROVIDED TO YOU “AS IS” WITH NO WARRANTIES WHATSOEVER. THE CLIMBING TREE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE CLIMBING TREE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MARKETPLACE. YOU UNDERSTAND AND AGREE THAT YOU USE THE MARKETPLACE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE MARKETPLACE.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL THE CLIMBING TREE CHILDREN’S MUSEUM, INC. BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THE MARKETPLACE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE CLIMBING TREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MARKETPLACE, FROM INABILITY TO USE THE MARKETPLACE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MARKETPLACE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless THE CLIMBING TREE, and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the marketplace, any alleged violation of these terms and conditions, any alleged violation of any applicable law or regulation.