Welcome to COLLECTIBLESANDART.COM (the "Web site"). This document contains the complete terms and conditions that apply to your participation in the services provided on the Web site. As used in this Agreement, "Company," "we" or "us" refers to COLLECTIBLES AND ART.COM, and "you" refers to the person desiring to participate, or in fact participating, in the services provided on the Web site.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND HAVE UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS. YOU MUST AGREE TO THESE TERMS OF SERVICE IN ORDER TO TAKE ADVANTAGE OF THE PRODUCTS AND SERVICES OFFERED BY US THROUGH OUR WEBSITE, AND YOUR ACCESSING AND MAKING USE OF OUR WEBSITE CONSTITUES ACCEPTANCE OF THESE TERMS.

Amendment: We may amend this Agreement at any time by posting the revised terms on our Web site. The revised terms of the contract shall be effective three (3) days after they have been posted on our Web site. We therefore recommend that you check this page frequently. Other than by posting of such revised terms on our Web site, this agreement may not be amended or modified except in a written document signed by both you and us. This Agreement was created on Tuesday, January 16th, 2001 and has not been revised to date.

Your Age: You are prohibited from making use of our services unless you are capable of forming a binding legal contract. By accepting this Agreement, you represent and warrant you are of legal age in your State (or, if a foreign citizen, in your country) and have legal capacity to enter into binding contracts.

Your Information: Any and all information you provide to us or other users of our services in the registration or buying process, or through any public message area or e-mail process, must be accurate. In addition to being accurate, you cannot provide any information through our services that constitutes libel, invasion of privacy, harassment, infringement of copyright, trademark, trade secret, patent or other intellectual property or objectionable material, and shall not violate any law, statute, ordinance or regulation of any governmental or regulatory body. Your information cannot contain any computer virus of any kind whatsoever, and cannot create or cause links to any other website or service other than those offered by us. You agree to refrain from making any use of the personal information of any third person that you obtain from our web site, except as such use as is expressly permitted. We agree to use your information only as described in our Privacy Policy.

Buying and Returns: Company prides itself of offering first-rate products to its customers. However, the Company also relies on the integrity of the users of its services to honor their commitments. If you place an order for a Product, you are obligated to complete the transaction.

Payments and Product Delivery: Payment and delivery for Products purchased on the Web site is accomplished through an online credit card or debit card transaction. You hereby authorize Company and its billing agents, if any, to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with such a purchase, or as an unauthorized transaction, for which you do not have a good reason to believe is, in fact, lost or stolen or unauthorized. You agree that any fraudulent reporting of a lost or stolen card, or unauthorized transaction by you relating to a Product transaction shall entitle Company to liquidated damages in the amount of $25,000, as the injury such false reporting causes to Company's business reputation and operations is severe but difficult to calculate with certainty. The liquidated damages liability described above shall have no bearing on the rights of Company to seek damages resulting for your breach of any other provision herein.

You agree to promptly notify Company of the following: changes in the expiration date of any credit or debit card used in connection with our services; change in home or billing address; and any apparent breach of security, such as theft, loss or unauthorized disclosure or use of an ID or password. Unless and until notified of such matters by conventional mail or e-mail to our Customer Service, you remain liable for any unauthorized use of our services resulting therefrom.

Non-interference: You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Company Web site, the services provided by Company and any activity on the Company Web site. You will not take any action, which may impose an unreasonable or disproportionately large load on our computing infrastructure or disable it, wholly or partially. You are solely responsible for your password used to access the Company Web site, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. The password issued to you is, and remains, Company property under a revocable license to you. Company may, from time to time, in its sole discretion initiate feedback information. You will not take any action that will undermine the integrity of the feedback system, such as falsifying information about yourself or about any other party, using aliases or otherwise attempt to manipulate the feedback. Other rules regarding Company are posted at various pages throughout the Company Web site. These rules have as binding an effect as this Agreement and are incorporated into this Agreement by reference and may be subject to change by Company without prior notice and in its sole discretion.

Information and Privacy: Company cannot and does not control information that other users make available through the Company Web site. Even though prohibited by this Agreement and by Company's general policies, people may nevertheless provide information that is false, harmful, or deceptive. Company has a Privacy Policy that covers its use of your information incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the Company Web site and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the Company Privacy Policy and to further the goals contemplated by this Agreement.

Breach and Termination: You agree that Company may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by Company under this Agreement and through the Company Web site immediately and without any further notice, if Company is of the opinion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other Company policies; or if Company is of the opinion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided Company is found to be false or that we have been unable to authenticate or verify the veracity of such information.

Warranty: You agree that use of Company services is at YOUR SOLE RISK AND THAT OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Company makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free. Nor does Company make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained from the Company Web site. You understand and agree that any material and/or data downloaded from the Company Web site or any services obtained through the services provided by Company is done at your sole discretion and risk and that you will be solely responsible for any damage resulting from any such download or use of such information or other related transaction. No advice or information that you may obtain from Company or through the services provided by Company shall create any warranty not expressly stated therein.

Limitation of Liability: The material contained in this Website, including Product information, has been checked for accuracy; however, all material is provided without any express or implied warranties. Neither the Company nor its affiliates assume responsibility in any way for any errors or omissions in the material. In no event shall the Company, its officers, directors, agents or employees be liable for any special, indirect consequential or punitive damages resulting from a Product purchase or delivery or the content of this Website, even if notified in advance of the possibility of such damages. You purchase and use the Products at your own risk and are responsible for payment of taxes and compliance with all local laws. You agree to indemnify and hold Company (including, its officers, directors, employees, agents and representatives) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement. If you are a California resident, you agree to waive California Civil Code Section 1542, which says in part that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor."

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY COMPANY OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY COMPANY OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL COMPANY'S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR $1,000.

Indemnification: You agree to indemnify, defend and hold Company harmless from and against any and all claims, demands, causes of action, liabilities, costs and expenses, including its reasonable attorneys' fees, arising from or relating to Your failure to comply with any covenant, condition, representation or warranty made by you herein.

General Provisions: You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Company Web site, the services provided therein, and the participation in any active commercial activity conducted in or through the Company Web site. Other than as exclusively stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between Company and yourself. Unless explicitly stated otherwise, any notices shall be given by email [e-mail address] to the email address you provided to Company during the registration process. Alternatively, we may give you notice by certified mail, postage prepaid, to the address provided to us during the registration process. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement.

This Agreement, its terms and conditions, and the relationship between you and Company shall be governed in all respects by the laws of the State of Florida for agreements entered into and performed entirely within the State of Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of Company to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be amended other than as provided for in this Agreement.

Any controversy or claim arising from or relating to this Agreement or our services shall be settled through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and shall be conducted in Ft. Lauderdale, Florida. Judgment of the arbitrator may be entered into any court having jurisdiction. Notwithstanding the foregoing, any party may seek extraordinary injunctive judicial relief in the courts of Broward County, Florida.

You agree that regardless of any statute or law to the contrary, any contract arising out of or related to use of the services provided by Company or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred. The Company Web site may contain links to and from other Web sites on the Internet that are owned and operated by other parties. You agree and acknowledge that Company is not responsible for the availability of, or the content located on or obtained through any such other Internet Web sites. If you have any concerns regarding such links or the content located on such other Web sites, you should contact the Webmaster or site administrator for those respective Web sites. Company does not verify the accuracy of the information and content provided for in such third-party Web sites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by Company of such site and/or information.

Company's trade name, logo, trademark, software, databases, reports, Web site and information are proprietary, and Company retains all rights, title and interest therein, including copyright, trademark, trade secret and other intellectual property protections. By becoming a member or subscriber to the services provided by Company, you do not acquire any rights or licenses over such or over Company's assets, rights or licenses, other than as what is explicitly granted to you under this paragraph. You may not use the information contained in, or through the services provided by, the Company Web site other than for the explicit purposes contemplated by this Agreement. You may not transfer, or otherwise provide access to, such information to any unauthorized third party, and you may not use such information other than for the specific purposes described in this Agreement. Thank you for your support of Company, and the services provided through this Web site. By accessing the Company Web site and using the information contained in this Web site, you agree to the terms of this Agreement.