Terms of Use

WELCOME TO WWW.JAM415.COM OPERATED BY PH INDUSTRIES, INC. D/B/A THE MAHLSTEDT GALLERY ("MAHLSTEDT GALLERY”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND USING THE WWW.JAM415.COM WEBSITE (“SITE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE OWNED AND OPERATED BY MAHLSTEDT GALLERY, INCLUDING, WITHOUT LIMITATION, THE JAM415.COM WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY MAHLSTEDT GALLERY IN CONNECTION THEREWITH. BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Acceptance of Terms of Use

By accessing or otherwise using the Mahlstedt Gallery Site you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Use, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Use; (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party; (iv) you are at least 13 years of age; and (v) you are of legal age to agree to these terms and conditions or you have your parents’ or legal guardians’ permission to do so. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time and you can determine when the Terms of Use was last revised by referring to the "Last Updated" legend at the top of these Terms of Use. In addition to these Terms of Use, your use of the Mahlstedt Gallery Site is governed by our Privacy Policy . You agree to Mahlstedt Gallery's collection, use and sharing of your information as set forth in the Privacy Policy which terms and conditions are incorporated herein by reference.

Use of Site; Copyright; Trademarks

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) to learn about Mahlstedt Gallery products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Mahlstedt Gallery reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by the Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site except as expressly permitted by the Terms of Use. The Site and the Content are protected by U.S. copyright laws, and belong to Mahlstedt Gallery or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Mahlstedt Gallery or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, personal use only. You may not manipulate or alter in any way images or other Content on the Site. Further, except as permitted by applicable law, you are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner.

Password Security; Revocation

Select product and technical information is located in a secure area of the Site that requires user registration, login identification, and a password to access. You are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. Violation of the Terms of Use by any user will result in the blocking of the user’s future access privileges to secure areas of the website without notice and, if the user has registered on the website, revocation of the user identification and password without notice.

Purchases

All items purchased from Mahlstedt Gallery are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Mahlstedt Gallery attempts to be as accurate as possible with all product descriptions. However, Mahlstedt Gallery does not warrant that product descriptions or other site content are accurate, complete, reliable, current, or free of errors.

Risk of loss

All items purchased from Mahlstedt Gallery are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. These links and resources are not controlled by Mahlstedt Gallery and do not constitute or imply an endorsement, sponsorship, or recommendation by Mahlstedt Gallery of the third party, the third-party web site, or the information contained therein. Mahlstedt Gallery is not responsible for the availability of any such web sites. If you use the links to the web sites of Mahlstedt Gallery affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. You further acknowledge and agree that Mahlstedt Gallery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any third party website or resource. Your use of third party websites or resources is at your own risk.

Disclaimer of Warranties; Limitation of Liability

  • MAHLSTEDT GALLERY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY LINK ON THE SITE.

  • MAHLSTEDT GALLERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, THE CONTENT AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.
  • MAHLSTEDT GALLERY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
  • MAHLSTEDT GALLERY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAHLSTEDT GALLERY SHALL NOT BE LIABLE FOR ANY DAMAGES FROM USING THE SITE, REGARDLESS WHETHER SUCH ALLEGED DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY.
  • IN NO EVENT SHALL MAHLSTEDT GALLERY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • General Provisions

    a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Mahlstedt Gallery of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

    b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Mahlstedt Gallery therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content or Site at any time without prior notice. Mahlstedt Gallery does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

    c. Enforcement; Choice of Law. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to the Terms of Use, Mahlstedt Gallery’s Privacy Policy, your use of the Site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.

    How to Contact Us

    Any communication or material transmitted to via the Mahlstedt Gallery Site or by E-mail is transmitted on a non-confidential basis. If you have any questions about these Terms of Use please contact us by email or postal mail as follows: The Mahlstedt Gallery, 415 Huguenot Street, New Rochelle, NY 10801 Email: info@jam415.com.

    © 2012 PH Industries, Inc. (d/b/a The Mahlstedt Gallery). All rights reserved.