Agreement between User and www.newenglandoldworldantiques.com

Welcome to www.newenglandoldworldantiques.com. The www.newenglandoldworldantiques.com website (the “Site”) is comprised of various web pages operated by New England Old World Antiquities (“NEOWA”). www.newenglandoldworldantiques.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, contained herein (the “Terms”). Your use of www.newenglandoldworldantiques.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

www.newenglandoldworldantiques.com is an E-commerce site.

We sell original, authenticated, 17th century and earlier European antiques.

Privacy

Your use of www.newenglandoldworldantiques.com is subject to NEOWA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communication

Visiting www.newenglandoldworldantiques.com or sending an email (s) to NEOWA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NEOWA is not responsible for third party access to your account that results from theft or misappropriation of your account. NEOWA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

NEOWA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of 18, you may use www.newenglandoldworldantiques.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.newenglandoldworldantiques.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NEOWA and NEOWA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NEOWA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NEOWA of the site or any association with its operators.

Certain services made available via www.newenglandoldworldantiques.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.newenglandoldworldantiques.com domain, your hereby acknowledge and consent that NEOWA may share information and data with any third party with whom NEOWA has a contractual relationship to provide the requested product, service, and functionality on behalf of www.newenglandoldworldantiques.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.newenglandoldworldantiques.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant NEOWA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the Site, is the property of NEOWA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site, NEOWA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NEOWA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NEOWA of our licensors except as expressly authorized by these Terms.

Use of Communication Services

The SITE may contain bulletin board services, chat area, news, groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use Communcation Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By the way of example, and not as a limitation, you agree that when using Communcation Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages, conduct, or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communcation Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or propriety designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communcation Service, harvest or otherwise collect information about others, including e-mail addresses, without their consent, violate any applicable laws or regulations.

NEOWA has no obligation to monitor the Communication Services. However, NEOWA reserves the right to review materials posted to a Communcation Service and to remove any materials in its sole discretion. NEOWA reserves the right to terminate your access to any or all of the Communcation Services at any time without notice for any reason whatsoever.

NEOWA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NEOWA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NEOWA does not control or endorse the content, messages, or information found in any Communcation Service and, therefore, NEOWA specifically disclaims any liability with regard to the Communcation Services and any actions resulting from your participation in any Communcation Service. Managers and hosts are not authorized NEOWA spokepersons, and their views do not necessarily reflect those of NEOWA.

Material uploaded to a Communcation Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.newenglandoldworldantiques.com or Posted on Any NEOWA Web Page

NEOWA does not claim ownership of the materials you provide to www.newenglandoldworldantiques.com (including feedback and suggestions) or post, upload, input, or submit to any NEOWA Site or our associated services (collectively “Submission”). However, by uploading, inputting, providing, or submitting your Submission you are granting NEOWA, our affiliated companies and necessary permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. NEOWA is under no obligation to post or use Submissions you may provide and may remove any Submission at any time in NEOWA’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all rights to your Submission as described in the section including, all the rights necessary for you to provide, post, upload, or submit the Submissions.

Third Party Accounts

You will be able to connect your NEOWA account to third party accounts. By connecting your NEOWA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by NEOWA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NEOWA Content accessed through www.newenglandoldworldantiques.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless NEOWA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NEOWA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NEOWA in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NEOWA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW ENGLAND OLD WORLD ANTIQUITIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NEW ENGLAND OLD WORLD ANTIQUITIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW ENGLAND OLD WORLD ANTIQUITIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW ENGLAND OLD WORLD ANTIQUITIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEW ENGLAND OLD WORLD ANTIQUITIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Changes to Terms

NEOWA reserves the right, in its sole discretion, to change the Terms under which www.newenglandoldworldantiques.com is offered. The most current version of the Terms will supersede all previous versions. NEOWA encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

NEOWA welcomes your questions or comments regarding the Terms:

New England Old World Antiquities

242 State Street, Granby, MA 01033

hpeltier1029@gmail.com

413-374-1584

Effective as of October 01, 2023