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THE FOLLOWING INFORMATION APPLIES ONLY TO BUYING AND SELLING A RUG THROUGH ERUG AND NOT TO ERUG AUCTION PURCHASES AND SALES. IN ADDITION, IT DOES NOT APPLY TO RUGS PURCHASED AND SHIPPED OUTSIDE OF THE UNITED STATES. At eRugGallery.com, we want you to experience complete satisfaction in shopping for and purchasing a rug. Take as long as you like to explore the fascinating world of handmade rugs, and visit our Learn about Rugs section. When you have made a decision to purchase, take comfort in the eRug 180-Day Return Policy.
****** Return Policy on Mix & Match Promotion ****** When you purchase a rug through eRug, the rug is shipped to your address. If for any reason, you are not fully satisfied with the rug you selected, simply call our customer support team within 180 days of receiving your rug and you will receive your refund. It’s that simple. Legal Notices Welcome to eRugGallery.com and its affiliates provide their services to you subject to the following notices, terms, and conditions. In addition, when you use any eRugGallery.com service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio/video clips, and software, is the property of eRugGallery.com or its 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 eRugGallery.com and protected by U.S. and international copyright laws. All software used on this site is the property of eRugGallery.com or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used for the purposes of shopping for, purchasing and selling rugs and related products and services offered on or through this site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. TRADEMARKS ERUG.COM is a trademark of eRugGallery.com, Inc. in the United States and other countries. PATENTS One or more of the patents approved and/or pending covers this site. USE OF SITE This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by eRugGallery.com. COPYRIGHT COMPLAINTS eRugGallery.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide eRugGallery.com's copyright agent the following written information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. eRugGallery.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: DISCLAIMER THIS SITE IS PROVIDED BY ERUG.COM ON AN "AS IS" BASIS. ERUG.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ERUG.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ERUG.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. APPLICABLE LAW This site is created and controlled by eRugGallery.com in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time without prior notice. OUR ADDRESS eRugGallery.com,
Inc. Credit Card and Payment Information eRugGallery.com Safe Credit Guarantee The eRugGallery.com Safe Credit Guarantee protects you while you shop at eRugGallery.com, so that you never have to worry about credit card safety. Period. We guarantee that every credit transaction you make at eRugGallery.com will be safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at eRugGallery.com. So you’ll never have to worry about credit card safety while shopping at eRugGallery.com. If you still prefer not to use your credit card number via our Internet site, you can call our customer support team at (888) 611-7847 in order to place your order over the phone. Paying by Credit Card We accept Visa, MasterCard, and American Express. You can safely enter your entire credit card number via our secure server, which encrypts all submitted information. Paying By Check Or Postal Money Order We do accept checks or money orders denominated in U.S. dollars as payment for all orders. To pay by check, simply call our customer support team at (888) 611-7847 and a customer service representative will assist you. Once you have fully submitted your order, you will be provided with an address to which you can send payment. Currently we are only able to accept postal money orders denominated in US dollars or checks denominated in US dollars and drawn on a US bank. Checks must also have a valid nine-digit bank routing number (ABA code) MICR-encoded on the bottom of the check. Paying by check does slow down your order somewhat, as we don't process your order until your check is received and cleared. If you are in the United States, paying by personal check typically delays your order two to three weeks. Paying By e-Checks Coming soon!
Safe Credit Guarantee Why is credit card shopping at eRugGallery.com so safe? Safety in Numbers: Millions of Internet customers have safely shopped over the Internet without credit card fraud. Safe Technology: Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. Still don't want to use your credit card on the Internet? No problem. Just call our customer support team at (888) 611-7847, and we will be more than happy to take your order over the phone. Guarantee Details: 1. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. If your bank does hold you liable for any of this $50.00, eRugGallery.com will cover the entire liability for you, up to the full $50.00. eRugGallery.com will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at eRugGallery.com while using the secure server. 2. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
New Shopper Orientation
Not sure how to begin shopping at eRugGallery.com? Worried about using your credit card online? Fear not. The experience is very similar to real-world shopping but even easier and more convenient. Shopping Cart Just like a physical store, eRugGallery.com provides you with a shopping cart. Once you've discovered the rug you like, you can simply click the button marked "Add to Cart." You can proceed with a purchase at that time by clicking "Checkout" or continue to shop and explore the site. The item will remain in your cart wherever else you decide to go in the site. You can always remove the item later if you change your mind. Personal Gallery eRugGallery.com also provides you with a Personal Gallery. If you've found a rug you like, simply click the button marked "Add to Gallery." The item will remain in your Personal Gallery, even between visits, until you remove it. You can add any rug in your Personal Gallery to your Shopping Cart at anytime. Buy When you are ready to purchase, go to your shopping cart, review the items in your cart and click the "Checkout" button to begin the ordering process. From there, you will be directed to the steps necessary in completing your purchase. Our Safe Credit Guarantee Most important, shopping at eRugGallery.com is safe. Our secure-server software encrypts your credit card number so that no one else can read it, and we guarantee all purchases against credit-card fraud. Customer Service There's
more to explore, of course, and we want you to discover some
things for yourself. But if you need a little help, our customer
service team is always here for you. If you need any assistance whatsoever, please call our customer support team at (888) 611-7847. Return Policy
The eRug 180-Day Return Policy THE FOLLOWING INFORMATION APPLIES ONLY TO BUYING AND SELLING A RUG THROUGH ERUG. IT DOES NOT APPLY TO RUGS PURCHASED AND SHIPPED OUTSIDE OF THE UNITED STATES. eRugGallery.com provides a simple guarantee of eRug buyer satisfaction: The eRug 180-Day Return Policy. When
you purchase a rug through eRug, the rug is shipped
to your address. If for any reason, you are not fully satisfied
with the rug you received, you may simply call our customer support
team within 180 days of receiving your rug and you will receive your refund.
****** Return Policy on Mix & Match Promotion ****** Comments,
Questions, Suggestions?
If
you have any concerns with your order, please don't hesitate
to contact us.
Sales
Tax
eRug
Transactions. Sales tax on eRug transactions is
charged on orders in accordance with the laws of the state
to which the rug is to be delivered. To the extent charges
for shipping and handling are considered part of the product
by applicable state law, these charges must be included when
sales tax is calculated. Currently we charge sales tax on any purchase shipped anywhere in California.
Privacy Policy Your Privacy At eRugGallery.com, we are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalized shopping experience. Please read on for more details about our privacy policy. What information do we collect? How do we use it? You can visit and explore our eRugGallery.com site without providing us with any personal information. When you order, we need to know your name, e-mail address, mailing address, credit card information (or other information necessary to process your payment if it is not by credit card). This allows us to process and fulfill your order and to notify you of your order status. We personalize your shopping experience by using your purchases and selections for your Personal Gallery to shape our recommendations of rugs that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may also use the information we collect to occasionally notify you about important functionality changes to the Web site, new eRugGallery.com services, and new offerings, including specific rugs that we believe you may find of interest. If you would rather not receive this information, send a blank e-mail to: help@eRugGallery.com. If you use more than one e-mail address to shop with us, send us a blank message from each e-mail account you use. How does eRugGallery.com protect customer information? When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. What about "cookies"? "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide certain features such as storing items in your Personal Gallery and your shopping cart between visits. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use most of the features in our site, including placing items in your shopping cart and purchasing them. Will eRugGallery.com disclose the information it collects to outside parties? As long as we hold majority control of the corporation or unless otherwise agreed to by all involved parties, eRugGallery.com does not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can tell us not to by sending a blank e-mail message to help@eRugGallery.com. (If you use more than one e-mail address to shop with us, send this message from each e-mail account you use.) Also, eRugGallery.com may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. eRugGallery.com may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of eRugGallery.com, our users, or others. How does eRugGallery.com allow customers to update or change the information it collects? You may update or change information related to your eRugGallery.com account by accessing your eRugGallery.com "Account Settings" under the "My Home" link with your e-mail account and password. In summary We are committed to protecting your privacy. We use the information we collect on the site to make shopping at eRugGallery.com possible and to enhance your overall shopping experience. We do not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can tell us not to by sending a blank e-mail message to help@eRugGallery.com. If you never want to receive any announcements or special offers from us, send a blank e-mail to help@eRugGallery.com. If you use more than one e-mail address to shop with us, send us a blank message from each e-mail account you use. Your consent By
using our Web site, you consent to the collection and use
of this information by eRugGallery.com. If we decide to change
our privacy policy, we will post those changes on this page
so that you are always aware of what information we collect,
how we use it, and under what
circumstances we disclose it. Participation Agreement Welcome to eRugGallery.com's online eRug and eRugAuction handmade rug buying and selling community (the "Site"). Any person who wants to access the Site to buy, sell or bid for goods or to use the other services we provide (collectively, the "Services") must accept the terms and conditions of this Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. eRugGallery.com, Inc., (hereinafter "eRugGallery.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for 30 days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING ERUG.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE. 1. Eligibility. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information. 2. eRugGallery.com's Role. a. eRugGallery.com's Role in General. .com has significantly different roles in eRug and eRugAuction. eRugGallery.com reviews all submissions of rugs by Sellers and appraises the rugs based on the information, including graphic images, provided by the respective Seller. However, it is up to the Seller to accurately describe the item for sale or auction. eRugGallery.com cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the Seller and Buyer will perform as promised. eRug’s liability is limited as set forth in this Agreement. b. eRugGallery.com's Role- eRug. eRugGallery.com accepts rugs on consignment for sale through eRug. Rugs purchased through eRug are subject to the eRug 180-Day Return Policy. 3. eRugGallery.com Reservation of Rights. eRugGallery.com retains the right to immediately halt any Fixed Price Sale or Auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any unlawful items or any items otherwise prohibited. 4. Your Transactions. a. eRug Sales. Bidders, Buyers, and Sellers create different obligations by accessing the Site and using the Services. For sales where a Seller lists goods at a fixed price through eRug ("Fixed Price Sales"), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a Fixed Price Sale or by auction, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive. b. Your Obligations as a Buyer. By entering into this Agreement and bidding on an auctioned item or making an offer in a Fixed Price Sale, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable. c. Sales/Use Taxes. eRug. If you purchase a rug through eRug, eRugGallery.com will charge applicable sales tax and add it your purchase price. 5. International Listings and Transactions. a. Purchase for Shipment outside of the United States. If you are buying a rug for shipment outside of the United States, you are responsible for custom duties. Anytime you buy a rug that is shipped to outside the United States, the sale is final. No returns will be accepted by eRugGallery.com. b. International Listings. At this time, Sellers may list their items only domestically. In the future, Sellers may be able to elect to have their items listed internationally on eRugGallery.com sites located outside of the United States. To the extent that there is any inconsistency between the terms and conditions of the Participation Agreements at any of the sites, the Participation Agreement of the site at which the Buyer is registered shall prevail. In listing items for auction or sale internationally, Sellers and Buyers must comply with all applicable laws, including but not limited to import and export laws, and prohibitions on the sale, distribution or offering for sale of specific items. c. Currency. Buyers must pay Sellers in the currency specified in the Seller's listing. 6. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password. 7. Illegal Activity. a. Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, listing, purchasing and selling items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and eRugGallery.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law. b. Investigation. eRugGallery.com has the right, but not the obligation, to monitor any activity and content associated with this Site. eRugGallery.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. eRugGallery.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. c. Disclosure of Information. eRugGallery.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect eRugGallery.com's systems and customers, or to ensure the integrity and operation of eRugGallery.com's business and systems, eRugGallery.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. 8. Privacy. eRugGallery.com is committed to protecting your privacy. Click here for our general Privacy Policy. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants, which is accessible from the Site or disclosed to you by eRugGallery.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct. 9. eRugGallery.com Return Policies. a. Return of eRug Purchases. When you purchase a rug through eRug, the rug is shipped to your address. If for any reason, you are not fully satisfied with the rug you received, simply call our customer support team at (888) 611-7847 within 180 days of receiving your rug and you will receive your refund. It’s that simple. THIS RETURN POLICY APPLIES ONLY TO RUGS PURCHASED THROUGH ERUG AND DOES NOT APPLY TO RUGS PURCHASED THROUGH ERUGAUCTION OR TO RUGS PURCHASED AND SHIPPED OUTSIDE OF THE UNITED STATES. 10. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ERUG.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: A. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; B. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; C. THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION OR FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED; D. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND E. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ERUG.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ERUG.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. 11. General Release. BECAUSE ERUG.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS RELATED TO AN ERUGAUCTION, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS IN AN ERUGAUCTION, EACH OF YOU RELEASE ERUG.COM (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 12. Limitation of Liability. ERUG.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. 13. Applicable Law. The Site and the Services are arranged, sponsored, or managed by eRugGallery.com in the State of California, USA. The laws of the State of California govern this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in San Jose, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. 14. eRugAuction Disputes. Because eRugGallery.com is not involved in the actual eRugAuction transaction between Sellers and Buyers and is not the agent of either for any purpose, eRugGallery.com will not be involved in resolving any disputes between participants related to or arising out of any transaction. eRugGallery.com urges eRugAuction Sellers and Buyers to cooperate with each other to resolve such disputes. 15. Licenses. a. Your Grant. By entering into this Participation Agreement and listing an item, you grant eRugGallery.com and its affiliates a non-exclusive, worldwide, royalty-free, irrevocable, the right to publish, display, modify, and to otherwise exercise all copyright and rights of publicity over the material displayed in your listings, bids, or purchases (specifically including rug images) in any existing or future media, known or unknown, now or at any later date. eRugGallery.com shall exclusively own images, which have been modified or redefined by eRugGallery.com. You also grant eRugGallery.com the right to display and publish in any existing or future media, known or unknown, now or at any later date your comments provided to eRugGallery.com regarding the site, including, but not limited to, your comments about and rating of another party to a transaction in which you were a participant b. eRugGallery.com's Grant. Unless otherwise agreed to in writing by the involved parties, eRugGallery.com grants a limited license to each participant to make personal use only of the Site and the Services. This license expressly excludes, without limitation, any resale or commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. 16. Termination. eRugGallery.com, in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current fixed price sales or auctions immediately without notice for any reason. 17. General Provisions. a. Entire Agreement. This Agreement and the general terms, conditions and Legal Notices of the Site constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. b. No Agency; Third-Party Beneficiary. eRugGallery.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of eRugGallery.com, you, and relying Buyers or Sellers. c. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. d. No Waiver. eRugGallery.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of eRugGallery.com's right to subsequently enforce such provision or any other provisions of this Agreement. |
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