TERMS OF SALE

Welcome to Gloss NY!

INTRODUCTION

The use of the Gloss NY’s website (www.glossny.com (the “Site”)) or any other site owned or maintained by Saruul Designs Inc. dba Gloss NY, a New York corporation, with offices at 398 Vanderbilt Avenue, Suite 3, Brooklyn NY 11238 (”Gloss NY”) is governed by the policies, terms and conditions set forth below. PLEASE READ THEM CAREFULLY, AS YOUR USE OF THIS SITE AND YOUR PLACEMENT OF AN ORDER ON THIS SITE SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW.

1. PRIVACY & TERMS OF USE; DISCLOSURE

Gloss NY’s Privacy Policy may be viewed at https://glossny.com/privacy-policy/. Gloss NY reserves the right to modify its Privacy Policy in its reasonable discretion from time to time.

The Site’s Terms of Use found at left by clicking “Terms of Use” tab, are incorporated by reference and part of this Agreement. Please review carefully the Site’s Terms of Use before proceeding.

2. PAYMENTS

Credit card orders can be placed online through Authorize.net. Authorize.net is responsible for managing the complex routing of your payment. Authorize.net passes your secure transaction information via a secure connection to the Processor.

All sensitive data of Gloss NY’s website transmitted through HTTPS, which uses industry-standard SSL (Secure Sockets Layer) encryption to protect your sensitive information.

Sales Tax. Gloss NY is obligated to collect sales tax in New York State and its tax laws specify what purchases are subject to sales tax and local taxes, as well as any applicable rebates or fees. We collect all sales taxes and such sales taxes are calculated at the time of your order.

Gloss NY is not responsible for individual states’ sales tax reporting laws pertaining to online purchases, so we encourage you to check your state’s regulations before you shop with us.

Note to customers in certain states, the purchaser is required to file a sales or use tax return, and may be required to pay sales or use tax on certain items.

3. SHIPPING POLICIES

Every product you purchase on our site has been carefully selected to ship by a particular shipping method in order to provide you with an optimal delivery experience.

Our standard sized items usually ship by UPS Ground and oversized large items (such as furniture, rugs, and other accessories) ship via Third Party shipper or White Glove services. Accurate shipping address and phone number are required. Your signature may be required for delivery. Please note we cannot ship to P.O. Boxes or Military APOs.

Orders processed within 1-3 business days, unless otherwise stated on the product page. Your final shipping cost and estimated delivery timeframe will be available to you during checkout.

Estimated Shipping & Delivery Times. Estimated shipping times are located on each product page. Delivery estimates are good faith estimates only and there are no guarantees.

Occasionally issues arise that may lead to additional production time, such as our manufacturers experiencing a backup in production or customs. Gloss NY will not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery.

Freight items are shipped using freight shipping Third Parties and can ONLY be shipped within the 48 contiguous states.

Shipping Rates. At checkout you will have shipping options, if available, based on the items selected and delivery location. All standard shipping rates are generally calculated at the time of the checkout. You may select a shipping option to view the estimated delivery window for your item.

Oversized or special delivery items may be subject to a Delivery Charge in addition to the standard shipping rate. These additional delivery charges and shipping upgrade charges may not be eligible for combined, reduced or free shipping offers. Such oversized items will be shipped via Third Party shipper. Such Third Party shipper may provide services in addition to delivery. Although Gloss NY may facilitate such transaction with a Third Party shipper, Gloss NY makes no representations or warranties to such services. In addition, you agree that Gloss NY is not liable for any damages to property or person that such Third Party shipper may cause either accidentally or intentionally.

Undelivered Packages. All undelivered packages are subject to re-shipping to the original billing address. Re-shipping charges may apply. You are responsible for providing the correct “ship to” address.

Title; Risk of Loss. Title to Products and risk of loss or damage during shipment pass from Seller to Customer upon tender to carrier. The Goods are entirely at the risk of the Customer from the moment of tender to the carrier.

Delivery Confirmation. Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.

4. ALL SALES ARE FINAL

All sales are final and sold “as is.” We do not accept returns unless otherwise noted or specifically agreed to by Gloss NY at Gloss NY’s sole and absolute discretion.

Cancellations: No order may be cancelled, modified or deferred without the prior written consent of Gloss NY (which is at the Gloss NY’s sole discretion). If such consent is given, it is at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

Color note: Because every computer monitor displays color differently, we cannot be responsible for variations between the actual product color and how it is displayed on your screen. The manufacturer provides descriptions of merchandise, including colors or shades, textures and other features; Gloss NY assumes no liability whatsoever for the description, for variance, including in colors or textures, minor imperfections and/or for a product not meeting with customer satisfaction, absent a manufacturer-verified defect.

5. CHARGEBACK WAIVER

All references to a “chargeback” refer to a full or partial reversal of a credit/debit card charge placed on www.glossny.com. There is no reason for a chargeback to ever be filed and you waive the right to chargeback or the like. If a credit is due, simply contact us and we will gladly issue it. If you feel that your credit/debit card was used fraudulently on www.glossny.com, please contact us for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $75 BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

6. Third Party Interactions

During use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Gloss NY shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Gloss NY does not endorse any sites on the Internet that are linked through its Website. Gloss NY provides these links to you only as a matter of convenience, and in no event shall Gloss NY be responsible for any content, products, or other materials on or available from such sites. Gloss NY provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

7. Ordering Disclaimer

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Gloss NY reserves the right to accept or deny shipment to anyone for any reason. Gloss NY reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Gloss NY reserves the right to cancel the order, notify the cardholder and the proper authorities.

8. Product Disclaimers; Disclaimers of Warranty

GLOSS NY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. GLOSS NY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR GLOSS NY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.

9. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

10. Notice

Gloss NY may give notice by means of a general notice on the www.glossny.com Website, electronic mail to your e-mail address on record in Gloss NY’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Gloss NY’s account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after mailing or posting or 4 hours after sending (if sent by e-mail). You may give notice to Gloss NY (such notice shall be deemed given when received by Gloss NY) at any time by any of the following: letter sent by confirmed email to info@glossny.com or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Gloss NY at the following address: 398 Vanderbilt Ave, Suite 3, Brooklyn, NY 11238 in either case, addressed to the attention of: President.

11. Modification to Terms

Gloss NY reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the www.glossny.com Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

12. General

With respect to U.S. Customers, this Agreement shall be governed by New York law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in New York.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between you and Gloss NY as a result of this agreement or use of this Site.

The failure of Gloss NY to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gloss NY in writing.

This Agreement, together with any applicable form and policies, comprises the entire agreement between you and Gloss NY and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

13. Definitions

As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the www.glossny.com Website, and any materials available on the Gloss NY’s Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Gloss NY from time to time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed or similar button acknowledging acceptance hereto, the Effective date on the subscription form or the date you begin purchasing products from this Site; “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Company” means collectively Saruul Designs, Inc., a corporation organized and existing under the laws of the State of New York doing business as “www.GlossNY.com” and having an office at 398 Vanderbilt Ave, Suite 3, Brooklyn, NY 11238, together with its officers, directors, shareholders, employees, agents and affiliated companies.

14. Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an email to info@glossny.com.

Last updated: September 1, 2013

TERMS OF USE

1. ACCEPTANCE OF TERMS

BY CLICKING THE “I AGREE” BUTTON ON THE ACCOUNT REGISTRATION OR PAYMENT PAGE OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER GLOSS NY SOFTWARE, SERVICES, WEBSITES OR ANY OF GLOSS NY’S LICENSEES SERVICES OR SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

Saruul Designs Inc. dba GLOSS NY runs this website www.glossny.com (referred to herein after as the “Site”) including a blog, collection of online resources, database of contractors and designers, classified ads, forums, and various communication services, such as email, chat, and comments sections (referred to hereafter as the “Web Service“) subject to the following Terms of Use (“TOU“). By using the Web Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Gloss NY services, you agree to abide by any applicable posted guidelines for all Gloss NY services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Gloss NY in any way, your only recourse is to immediately discontinue use of the Site. Gloss NY has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without providing notice to you. Such modifications shall become effective immediately upon the posting thereof. Section of this agreement may be directed towards contemplated services, although currently not available on the Site. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ACCESS TO THIS SITE

GLOSS NY grants you a limited, revocable, nonexclusive license to access the Web Service for your own personal use. This license does not include:

(a) access to the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Web Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GLOSS NY.

A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Web Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

“General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

You may also create a hyperlink to the homepage of Gloss NY sites so long as the link does not portray Gloss NY, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Gloss NY believes the information you provide is not correct, current, or complete, Gloss NY has the right to refuse your access to this site or any of its resources, and to terminate or suspend your access at any time.

4. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Gloss NY (the “Content”) is the proprietary information of Gloss NY or the party that provided or licensed the Content to Gloss NY, whereby such providing party retains all right, title, and interest in the Content. Accordingly, you agree the Content may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Gloss NY, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Gloss NY’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by our granting you access to this site.

You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Gloss NY’s websites.

Use of the Service beyond the scope of authorized access granted to you by Gloss NY immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Web Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Gloss NY.

5. RESTRICTIONS ON USE

You may use this site only for the purposes expressly permitted by this TOU. As a condition of your use of Gloss NY’s website(s), you warrant to Gloss NY that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Gloss NY. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Gloss NY in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use Gloss NY website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

6. PURCHASE OF PRODUCTS FROM THE SITE

If you decide to purchase a product from the Site, the purchase will require your review and acceptance of our Terms of Sale prior to purchase. This Terms of Sale is separate from this TOU, however this TOU will be incorporated by reference into the Terms of Sale. In the event of a conflict between the terms of this TOU and the Terms of Sale or any other documents, the terms of the Terms of Sale shall control.

Gloss NY may assist you in selecting products based upon either conversations, selection of preferences or other information you may provide to Gloss NY (“Services”). There is no guarantee of satisfaction of our Services. The furniture selection included in the Services may or may not be able to be placed in the room, based on the layout of the building or house the room is located within, such as the elevator, stairway, door and/or hallway dimensions. IN THE EVENT THAT YOU ARE DISSATISFIED, YOU ARE NOT ENTITLED TO ANY REFUND OR ANY OTHER RECOURSE as THE SERVICE IS CURRENTLY A COURTESY.

7. PERSONAL AND NON-COMMERCIAL USE LIMITATION

GLOSS NY’s Site(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without GLOSS NY’s express prior written consent.

8. SUBMISSIONS

You hereby grant to GLOSS NY the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to GLOSS NY through this site, email or by direct mail (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. GLOSS NY will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GLOSS NY operations.

GLOSS NY will treat any personal information that you submit through this site in accordance with its Privacy Policy located at https://glossny.com/privacy-policy/.

9. CONDUCT AND USE OF COMMUNICATION SERVICES

GLOSS NY’s websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with GLOSS NY, the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

ii) advocates illegal activity or discusses an intent to commit an illegal act;

iii) is vulgar, obscene, pornographic, or indecent;

iv) does not pertain directly to this site;

v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

viii) violates any law or may be considered to violate any law;

ix) impersonates or misrepresents your connection to any other entity, including, but not limited to, a GLOSS NY employee, or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

xii) solicits funds, advertisers or sponsors;

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

xiv) disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

xv) includes MP3 format files;

xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

GLOSS NY reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. GLOSS NY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. GLOSS NY also 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 its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

10. THIRD PARTY CONTENT, SITES, AND SERVICES

The GLOSS NY site and Content available through the Web Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GLOSS NY, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Web Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. GLOSS NY DOES NOT MAKE ANY REPRESENTATIONS AS TO A THIRD PARTY’S ABILITIES, QUALIFICATIONS, CERTIFICATIONS, LICENSES OR THE LIKE.

You agree that GLOSS NY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GLOSS NY is under no obligation to become involved. In the event that you have a dispute with one or more other users or third-parties, you hereby release GLOSS NY, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

GLOSS NY STRONGLY RECOMMENDS THAT YOU CONTACT ANY THIRD PARTY PROVIDER AND CONFIRM THE ACCURACY AND THOROUGHNESS OF ITS PRODUCT DESCRIPTION (EVEN IF THE PRODUCT DESCRIPTION APPEARED ON THE GLOSS NY WEBSITE OR OTHERWISE IN THE SERVICES) BEFORE MAKING ANY PURCHASE OF SUCH PRODUCT.

You should directly contact any such Third Party Providers if you have questions regarding its products or services. If you determine to purchase any products or services from a Third Party Provider (a “Third Party Purchase”), the contract for such Third Party Purchase will be between you and that Third Party Provider (and GLOSS NY is not a party to such arrangement). In most cases this will mean that there are additional terms and conditions governing the contract for the Third Party Purchase as each Third Party Provider will have its own terms and conditions relating to the sale of its products or services. These will include terms relating to payment, delivery, returns, etc. Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions should be available to you on the Third Party Provider’s website. If you make a Third Party Purchase, the Third Party Provider may pay GLOSS NY a referral fee arising from such sale. You should carefully consider whether the products or services offered by a Third Party Provider are right for you (including for example, whether a piece of furniture will fit through your doors and hallways to the intended location in your home or office) prior to making any Third Party Purchase.

You should review the Third Party Providers’ terms of use and privacy policies before you use their websites or services. You consent and authorize GLOSS NY to delegate the authorizations you provide to GLOSS NY to its Third Party Provider(s) as GLOSS NY deems necessary or desirable to provide the applicable Services to you. You agree that the TOU, inure to the benefit of such Third Party Providers (and such Third Party Providers are deemed to be third party beneficiaries of this agreement), including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to “GLOSS NY” within this agreement are also deemed to include, where applicable, GLOSS NY’s agents, such as the Third Party Providers.

11. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent Saruul Herz, 398 Vanderbilt Avenue, Suite 3, Brooklyn NY 1123; Email info@glossny.com (“Agent”), or with our Designated Agent to Receive Notification of claims of Infringement registered with the US Copyright Office.

Please provide our Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a) Identify the material on the GLOSS NY site that you claim is infringing, with enough detail so that we may locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;; and

e) Your physical or electronic signature.

GLOSS NY will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

12. DISCLAIMER

You understand that GLOSS NY cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. GLOSS NY does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by GLOSS NY.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GLOSS NY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GLOSS NY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GLOSS NY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GLOSS NY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT GLOSS NY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. GLOSS NY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and GLOSS NY does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

13. LIMITATION ON LIABILITY

GLOSS NY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GLOSS NY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GLOSS NY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO GLOSS NY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

14. INDEMNITY

You will indemnify and hold GLOSS NY, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

15. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). GLOSS NY will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that GLOSS NY considers insecure, GLOSS NY will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, GLOSS NY reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. GLOSS NY reserves the right to investigate suspected violations of these Terms of Use.

GLOSS NY reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing GLOSS NY to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GLOSS NY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GLOSS NY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GLOSS NY OR LAW ENFORCEMENT AUTHORITIES.

16. MISCELLANEOUS

16.1 No Partnership, Joint Venture, etc. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GLOSS NY as a result of this agreement or use of GLOSS NY websites.

16.2 Governing Law and Jurisdiction. The formation, construction, performance and enforcement of this Agreement shall be governed solely in accordance with the laws of the state of New York without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties’ specifically consent to the personal and exclusive jurisdiction of the local, state and federal courts of New York. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process in accordance with the Laws of the State of New York.

16.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

16.4 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.

Effective Date: September 1, 2013