Terms and Conditions
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to the website of Marta Gallery LLC. ("Company", “our”, "we" or "us"). The following terms and conditions of use (together with any documents referred to herein) ("Terms and Conditions") apply to your use of our website, http://www.xrayted.zone.com, including any related web pages, content, functionality and services offered thereon (the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.
3. INTENDED USERS
This Site is hosted and operated in the United States, pursuant to the applicable laws in the United States, and is only intended for users who are located in the United States of America. We make no representation that the Site or any materials or Content (defined below) available thereon, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the aforementioned jurisdictions do so at their own risk and are responsible for compliance with applicable foreign laws.
Title to all goods sold on this Site passes to the buyer at the time of purchase in the state of New York.
4. MODIFICATIONS TO TERMS AND CONDITIONS
We may make material changes to these Terms and Conditions without prior notice to you by posting revised Terms and Conditions on this page of the Site and updating the “Last Modified” date below. It is your responsibility to review these Terms and Conditions from time to time to take notice of any changes we made. By accepting such revised Terms and Conditions through a “click accept” in such notification email or account page statement, by completing a purchase on the Site after these Terms and Conditions have been revised with a notice at checkout that your completion of a purchase will constitute your acceptance of the revised Terms and Conditions, or, otherwise, by your continued use of the Site following the posting of revised Terms and Conditions you accept and agree to such revised Terms and Conditions.
5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
The entire contents of the Site, including without limitation, all content, information, software, code, data, text, displays, images, video and audio, “look and feel”, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Site as a collective work and/or compilation (collectively the "Content") is protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned or licensed by Us. You will want to abide by all copyright and trademark notices, attribution information, or restrictions contained in any Content accessed through the Site because a failure to do so may lead to legal liability being imposed on you. No right relating to any intellectual property of Us or any other party is transferred to you or any other person as a result of your use of this Site.
6. SITE ACCESS AND LIMITED LICENSE
We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site and its Contents for your personal, non-commercial purposes only. Except as otherwise provided herein, you may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Site or any portion thereof without the express prior written consent of Us. In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms and Conditions.
Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms and Conditions and for any violation of these Terms and Conditions by such party.
8. CHANGES TO SITE
We may change, suspend, discontinue and/or restrict the use of all or any portion of the Site (including the availability of any products, data or other information contained on the Site), at any time for any reason and without notice or liability. We reserve the right, with or without notice to you, to change any of the products or services offered on the Site or any other aspect of the Site including, but not limited to, hours of operation, site maps, menu structures, access procedures, software commands, documentation, and/or service providers.
9. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to: Use the Site in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site, or otherwise use any device, software or routine that interferes with the proper working of the Site. Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site). Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent. Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site (including, without limitation, attacking the Site via a denial-of-service attack or a distributed denial-of-service attack). Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
The Site may link to other Internet websites and resources, including to the websites operated by social media platforms, affiliates, service providers, and third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by We of such other website(s), and is for your reference and convenience only. We has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites or their contents (including the accuracy thereof). You should direct any concerns regarding any link or other website to the site administrator or webmaster of such other website. Linking to any other website is at your own risk and subject to the terms and conditions of use of such third party website(s), which you should review carefully before engaging in any transactions on such website(s). You may not link a third party website(s) to this Site without the express written permission of the Company.
11. PRODUCT INFORMATION
We have made reasonable efforts to display as accurately as possible the pricing and availability, description of products, or other Content that appears on this Site. Unfortunately, it is not possible to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Site. We reserve the right to correct any typographical mistakes, inaccuracies, errors or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice to you. Products displayed on the Site are available while supplies last. Sales taxes will be added to the total price when required by law.
12. TERMS OF SALE; RETURN AND SHIPPING POLICIES
All purchases through our Site are governed by our returns and refunds policies, and terms and conditions of sale set forth herein as the same may be amended from time to time.
You shall indemnify and hold harmless We, its affiliates, and their respective officers, directors, managers, employees, agents, service providers and licensors (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Parties in connection with any claim, matter, dispute, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site or breach of these Terms and Conditions by you or any user of your account.
14. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. NEITHER WE, NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ANY SERVICE AVAILABLE BY USING THE SITE (INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR SUCH SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THAT THE SITE OR THE SERVICES AVAILABLE BY USING THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE SITE OR ANY SERVICE AVAILABLE BY USING THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR NON-INFRINGEMENT). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES AVAILABLE BY USING THE SITE IS TO STOP USING THE SITE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ITS ASSOCIATED PERSONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT THEREON, OR ANY PRODUCTS OR SERVICES AVAILABLE BY USING THE SITE, EVEN IF WE OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF US AND ITS ASSOCIATED PERSONS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE OR ANY SERVICES AVAILABLE BY USING THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. CHOICE OF LAW; JURISDICTION
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.
Agreement to Binding Arbitration Between You and the Company.
You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. The Company will not seek, and hereby waives all rights the Company may have under applicable law to recover, attorneys' fees and expenses if the Company prevails in arbitration.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if the Company changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing the Company written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by mail or hand delivery to our registered agent for service of process, c/o Marta Gallery. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
17. SEVERABILITY; WAIVER
If for any reason a person of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms and Conditions shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
18. ENTIRE AGREEMENT
There is no joint-venture, partnership, employment, or agency whatsoever resulting from any relationship between You and the Company, or use of the Services of the Company. You may not assign any rights or obligations arising and covered by these Terms without the Company 's prior written approval. The Company may assign any rights or obligations arising and covered by these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company 's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. There is no joint-venture, partnership, employment, or agency whatsoever resulting from any relationship between You and the Company or use of the Services of the Company, or any Third Party Provider involved.
20. LAST MODIFIED
Our Terms and Conditions were last modified on November 16, 2022.