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The Lampworks LOGO
Purveyors of Antique Lighting and Accessories
435 Main Street  ~  Hurleyville, New York 12747

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Terms and Conditions of Use
   

Welcome to The Lampworks!

The Lampworks provides certain services and merchandise to you, subject to The Lampworks' Terms and Conditions of Use.

The following describes The Lampworks' Terms and Conditions of Use upon which The Lampworks offers you access to our web site, sales of merchandise, services, and merchandise through internet auctions. By purchasing or bidding on merchandise, you have agreed to and accepted these terms and conditions.

1. DISCLAIMER OF WARRANTIES --

THE LAMPWORKS PROVIDES OUR WEB SITE, SERVICES AND MERCHANDISE "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. THE LAMPWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR ANY PARTICULAR PURPOSE.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

2. LIMITATION OF LIABILITY --

THE LAMPWORKS SHALL ONLY BE LIABLE TO YOU FOR THE REFUND OF THE PURCHASE PRICE FOR MERCHANDISE UNDER THE RETURN POLICY. IN NO EVENT SHALL THE LAMPWORKS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR INCURRED IN CONNECTION WITH, THE LAMPWORKS' WEB SITE, SALES AND/OR SERVICES, INTERNET AUCTIONS, OR FROM ANY HYPERLINKED WEB SITE.

Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

3. GOVERNING LAW --

All questions concerning The Lampworks' Terms and Conditions of Use, the sale of goods and/or services by The Lampworks, either through The Lampworks web site or through an internet auction site, your use of The Lampworks web site, or any condition or dispute over the goods and/ or service provided by The Lampworks, and any questions concerning the rights and obligations of the parties hereunder, the enforcement of The Lampworks' Terms and Conditions of Use, and the validity, effect, interpretation, and construction hereof, shall be governed by and determined under the internal laws of the state of New York, and any purchasers or bidders hereunder agree to the exclusive jurisdiction and venue of either the state court of New York located in Monticello, Sullivan County or the federal court for the Northern District of New York, located in Binghamton, New York, for the resolution of any dispute or controversy that may arise hereunder, and agree that there will be no resort to the courts or other governmental agencies of any other jurisdiction for the resolution of any such dispute or controversy.

4. INDEMNITY --

You agree to indemnify and hold The Lampworks, and its agents and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of: the sale of goods and/or services by The Lampworks, either through The Lampworks web site or through an internet auction site, your use of The Lampworks web site, your violation of The Lampworks' Terms and Conditions of Use, or your violation of any rights of another.

5. CHANGES, ERRORS AND OMISSIONS --

The information on this web site, including any and all internet auction descriptions, and merchandise descriptions, may contain technical inaccuracies, typographical errors, or omissions. Information may be changed or updated without notice.

6. FEEDBACK --

Any comments or materials sent to The Lampworks including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. The Lampworks shall have no obligation of any kind with respect to such feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the feedback to others without limitation. Further, The Lampworks shall be free to use any ideas, concepts, know-how or techniques contained in such feedback for any purpose whatsoever, including but not limited to developing, producing and marketing products incorporating such feedback.

7. LINKS --

The Lampworks may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Lampworks has no control over such sites and resources, you acknowledge and agree that The Lampworks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Lampworks 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 such Content, goods or services available on or through any such site or resource.

8. COPYRIGHT --

All software and content included on this site, such as text, graphics, logos, button icons, images, and software, is the owned or licensed property of The Lampworks or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of The Lampworks and protected by U.S. and international copyright laws. The Lampworks grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.

9. ADDITIONAL TERMS --

The following documents are incorporated by reference:

Our Privacy Policy is available at
http://www.ganainn.com/lw_privacy_policy.htm.
We may change our Privacy Policy from time to time without notice to you. Any changes in the Privacy Policy will be posted on the Announcements Board.

Our Sales Policy FAQ (Frequently Asked Questions) is available at
http://www.ganainn.com/lw_sales_policy.htm.
We may change our Sales Policy FAQ from time to time without prior notice to you.

Our Return Policy is available at
http://www.ganainn.com/lw_return_policy.htm.
We may change our Return Policy from time to time without prior notice to you.

Our Shipping Policy is available at
http://www.ganainn.com/lw_shipping_policy.htm.
We may change our Shipping Policy from time to time without prior notice to you.

10. TERMS AND CONDITIONS SUBJECT TO CHANGE --

The Lampworks' Terms and Conditions of Use may be updated by us from time to time without notice to you.


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