Terms of Use – Lofty Marketplace
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Terms of Use

This website (the “Site”) is owned and operated by Hammerless, Inc. (hereafter “Lofty”). These terms of use (“Terms of Use”) apply to your use of this Site.

Throughout the Site, the terms “we,” “us” and “our” refer to Lofty. Lofty offers this Site to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

1. General

We believe in transparency and professionalism, so it is important for us to clarify what our evaluations are and are not, as well as their limitations.  First, our evaluations are based on the opinions of our Experts, and are not a statement of fact. The evaluations are meant to serve as educated guidance as to how your object should be priced. Should you not agree with the evaluation you receive, you have no obligation to sell your object on our site. Should you agree to sell your object on our site, you agree that you will not hold Lofty or any of our Expert advisors responsible for later remorse about the sale price received. If you have any misgivings about the suggested sale price, you should seek a secondary opinion and/or decide not to offer your object on Lofty. Second, our evaluations are based only on the photos and information you provide, and are conditional on their accuracy and completeness. If you choose to sell your item, it will be physically inspected by the buyer once it is purchased.  Should your object turn out to be not as described by you (e.g. silver-plate as opposed to sterling silver), Lofty reserves the right to seek reimbursement from you on behalf of the purchaser. Third and finally, please note that our evaluations are estimates and cannot be used for insurance or tax purposes, which often legally require physical inspection of your object.

These Terms of Use have been executed and delivered by you and constitute a valid and binding agreement between you and Lofty, enforceable against you in accordance with our terms. You represent that you are (i) at least 18 years of age, (ii) of legal age to form a binding contract, and (iii) not a person barred from entering this agreement under the laws of the United States or other applicable jurisdiction.

You shall only use the Site in strict compliance with these Terms of Use and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Lofty may be recorded.

2. Privacy Policy

By using the Site, you hereby agree to be bound by the Lofty Privacy Policy. A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Lofty is located at http://www.lofty.com/pages/privacy-policy. You consent to any personal information we may obtain about you (either via the Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. Lofty may update its Privacy Policy from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

3. Lofty Accounts

You may establish a Lofty account on the Site. At a minimum, enrollment requires you to (i) indicate agreement to these Terms of Use and Privacy Policy, (ii) provide contact information and identification details, and (iii) submit any other form of authentication required as part of the enrollment process, in Lofty’s sole discretion. You agree to accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

You shall not use your Lofty account for any purpose competitive to Lofty. You will notify Lofty immediately by emailing http://www.lofty.com/pages/contact of any unauthorized use of your Lofty account or the Site known to you, whether by you or a third party.

You may cancel your Lofty account at any time by contacting Lofty customer support. Lofty may terminate your account and refuse any and all current or future use of the Sites or any portion thereof, (i) in order to comply with applicable Law, (ii) if you provide any information that Lofty determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Lofty determines, in its sole discretion, that you are using your Lofty account in a manner not permitted by these Terms of Use, or (iv) in other circumstances, as Lofty deems appropriate in its sole discretion. 

4. Seller Terms

The following are additional seller terms and conditions (“Seller Terms”) which shall be applicable to Virtual Sellers on Lofty. A Virtual Seller shall be a user who registers on Lofty to sell Items (as set forth below), submits the appropriate photos to Lofty for review and evaluation, and whose Item(s) are deemed acceptable by Lofty for sale (at or below the Lofty evaluation price). Power Sellers shall not be subject to the Seller Terms, but will be subject to any additional terms and conditions agreed to in writing between Lofty and Power Seller.

These Seller Terms are subject to the additional terms and conditions located at http://www.lofty.com/additional-terms-and-conditions-suppliers (the “Additional Terms and Conditions”), which are hereby incorporated by reference as if set forth herein. By registering as a user on Lofty.com, you hereby acknowledge that you have reviewed, understand and agree to Seller Terms, the Additional Terms and Conditions in addition to the Lofty Terms of Use.

I. You agree to sell the items listed on Lofty (the “Items”). The items being sold on Lofty will not include your name and/or contact information and will appear as if the Items are being sold directly by Lofty. In order to sell an Item on Lofty, you agree that you will post the Item for sale at price agreed at the time you choose to list the item for sale. You hereby grant to Lofty the right to list the Item for sale on any other third party websites. Regardless of where the Item is listed for sale, it shall appear as if Lofty is selling the Item.

II. This Notwithstanding anything contained above, Lofty, in its sole discretion, shall have the right to remove any Item for sale at any time.

III. You agree that you will not list the Item for sale with any other parties and grant Lofty the exclusive right to sell your item for three (3) months from the time it is listed. If an Item is sold by you (prior to being sold by Lofty) and you do not notify Lofty of the sale (in order to allow Lofty to remove the Item for sale), and the Item is later sold on Lofty, you will pay Lofty any and all Seller Fees and buyer fees that would have been collected had the sale actually been completed on Lofty. Furthermore, in the event an Item is sold on Lofty, and you do not fulfill your obligations (specifically, selling and shipping the Item), for any reason whatsoever, you will pay Lofty any and all Seller Fees that would have been collected had the sale actually been completed on Lofty. Nothing contained herein shall limit the remedies available to Lofty in the event you do not complete a sale. Both parties agree that the amounts contained herein shall not be considered a penalty, but instead liquidated damages calculated by both parties to compensate Lofty for its services performed prior to the sale.

IV. You agree that any Items sold on Lofty will be shipped as directed by Lofty. In most cases, Lofty will arrange for pickup of the Item by an authorized third party to be shipped to the buyer. With respect to shipping costs, the agreed upon shipping cost shall be determined at the time of sale and pre-paid by the buyer. In the event that the shipping cost for an Item is unusually high because the Item is being shipped to or from outside of the continental United States, or due to the item having an unusual size/shape or particularly heavy weight, Lofty shall reserve the right to contact the buyer and modify its original shipping estimate. Lofty, in its sole discretion, may change the shipping method described (for example, in certain situations, you may be required to deliver the Item to an approved Lofty shipping partner) herein and you agree to comply with such changes in connection with your obligations herein.

V. You agree to pay to Lofty a seller fee (“Seller Fee”) equal to 25% of the selling price of the Item. The Seller Fee will be netted out to Lofty from sale proceeds.

VI. You hereby agree to adhere to the Lofty Authenticity Guarantee (when applicable) and Return Policy (see below). Therefore, if a buyer returns an Item to Lofty (within the allowable return time), Lofty can return said Item to you for a full refund. Per Lofty's return policy, the item must be returned in its original condition. If the item is damaged during return shipping, you agree to comply with Lofty's procedures for Insurance Claims (see "Insurance Claim on Return to Seller", below). Per Lofty's Authenticity Guarantee and Return Policy, notwithstanding anything written above, you shall provide Lofty with a twelve (12) month Authenticity Guarantee. Therefore, if it is determined that you have misrepresented the Item, Lofty shall have the right to return the Item to you for a full refund.

VII. Payment Terms. Lofty will make payment to you after a 7-day return period (see Section 9, below) has expired. The net amount that Lofty will pay you will be the sale price (before shipping costs), less all Lofty fees. You shall provide Lofty with your bank account information so that Lofty can make an electronic funds transfer to you for the amount stated herein.

5. Free Product Evaluations

You may use the Site to submit a product for a free evaluation. Lofty may limit the number of free evaluations that a user may request. Lofty may also charge a fee for evaluations after a user has exhausted his/her number of free evaluations. When requesting an evaluation, you agree that Lofty may share your communications (including, but not limited to, emails, phone calls, images, video and audio recordings) with Lofty’s evaluation Experts. You further agree that Lofty may put you in direct communication with its evaluation Experts via the Lofty Site. While Lofty believes the Experts it uses to be reasonably qualified, Lofty makes no warranty or representation as to the same, accepts no responsibility or liability of any kind for such Experts, and you expressly acknowledge that your use and/or reliance on such Experts is at your own risk.

6. Buying Products on the Site

By making an offer to purchase a product, you irrevocably agree to pay the Total Purchase Price. The “Total Purchase Price” consists of (i) the agreed price of the product (the “Purchase Price”), which is either (a) the listed price on the site for a Buy Now purchase, or (b) the negotiated price agreed by both Buyer and Seller (and mediated by Lofty) for a Make an Offer purchase; (iii) shipping and insurance fees (represented in Lofty's Shipping Quote, see below); and (iv) all Taxes as set forth below. 

You hereby irrevocably authorize Lofty to use the credit card information given to Lofty to charge your credit card for the amount of the Total Purchase Price.

A Shipping Quote will need to be determined for each item sold through the site. Because Lofty is a peer-to-peer marketplace and does not, as a rule, maintain physical possession of listed items in a centralized location, the Shipping Quote for each item purchased will be determined by the particular logistics of shipping the item in question from the Seller's location to the Buyer. The Shipping Quote provided by Lofty represents a competitive price for all shipping and insurance fees for a purchased item. By purchasing an item through the Site using the Buy Now option, the Buyer acknowledges that the Shipping price listed at Checkout is an estimate, and agrees to pay additional shipping if Lofty's Shipping Quote is determined to exceed the default estimate. The Buyer is responsible for paying the full amount of the provided Shipping Quote, or the property will not be released to the Buyer. In the event that the actual Shipping Quote is greater than Lofty’s estimated default shipping and insurance fees, the Buyer shall have the right to cancel the purchase or agree to pay the additional shipping and insurance fees.

Lofty has the right to cancel any sale for any reason, including, but not limited to (i) Lofty suspects the buyer is fraudulent; (ii) the seller has (or Lofty suspects the seller has) already sold the product for sale elsewhere; or (iii) Lofty determines that the product is not authentic after an in-person inspection by Lofty.

You are entirely responsible for paying all sales and use taxes, VAT, Internet sales tax, export and/or import taxes and duties, and all transactional taxes or levies related to the purchase of each product purchased (collectively, “Taxes”). You shall pay the Taxes Lofty is required to collect, but failure of Lofty to collect the Taxes will not relieve your obligations regarding same. It is your responsibility to establish and/or document any applicable exemption from said Taxes. You must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the product from its country of origin and import into the United States or any other country.

7. Product Shipping

Lofty requests shipping/insurance quotes from several shipping companies and, at its discretion, will select the shipping provider it deems fit for the specific delivery. You hereby agree that Lofty may pass along your contact information to shipping partners in order to communicate drop-off locations, dates, times, and any other questions a shipper may have with respect to a product that is being shipped to you. In the event that you have any shipping/insurance preferences, please contact Lofty and it will use reasonable efforts to accommodate your shipping request. Notwithstanding anything above, Lofty, in its sole discretion, shall be the final deciding party regarding any and all shipping/insurance arrangements.

8. Insurance Claims

I. Lost Package

In the event that an item is irretrievably lost in transit, Lofty will initiate a Lost Package claim with the shipping vendor for the full purchase price of the item.

Once Lofty has received confirmation from the shipping vendor that a claim has been initiated (including a claim number), Lofty will refund the Buyer the full purchase amount, including shipping costs.

Lofty will pay the Seller the net proceeds due (which is equivalent to the sale price less Lofty’s commission) on the agreed upon schedule, regardless of any outstanding insurance claims.

II. Total Loss

In the case that an item is damaged beyond repair while in transit to the Buyer, the item will be deemed a Total Loss. The Buyer must notify Lofty of the damage as soon as possible. Lofty will require the Buyer to thoroughly document the overall condition of the item and the packing material. Photographs should clearly represent any damage to the item and the condition of all packing materials. No parts of the item or packing materials should be discarded and the item should be kept at the original delivery address.

Once Lofty has received photographic documentation of the reported damage, Lofty will open an insurance claim with the shipping vendor for the full purchase price of the item.

Once Lofty has received confirmation from the shipping vendor that a claim has been initiated (including a claim number), Lofty will refund the Buyer the full purchase amount, including shipping costs.

As part of standard procedure for processing insurance claims, the Buyer must allow a representative of the shipping vendor to visit the delivery location in order to physically inspect the reported damage if requested. The Buyer must release the property to the vendor and agrees to do so by requesting a Total Loss claim.

Lofty will pay the Seller the net proceeds due (which is equivalent to the sale price less Lofty’s commission) on the agreed upon schedule, regardless of any outstanding insurance claims.

III. Retention

In the case that an item is damaged in transit, but is not beyond repair, and the Buyer wishes to retain possession of the item, the Buyer is entitled to request a Retention Claim on the property towards the cost of restoring the item. The Buyer must notify Lofty of the damage as soon as possible.

Lofty will require the Buyer to thoroughly document the overall condition of the item. The buyer will be asked to photograph the item and packing material in the condition it was in upon arrival. Photographs should clearly represent any damage to the item and the condition of all packing materials. No parts of the item or packing materials should be discarded and the item should be kept at the original delivery address.

Once Lofty has received photographic documentation of the damage, Lofty will contact a restoration expert to obtain a quote for necessary repairs or restoration work to the item, and will open a Retention Claim with the shipping vendor for the value of the quoted amount.

Once Lofty has received confirmation from the shipping vendor that a claim has been initiated (including a claim number), Lofty will refund the Buyer the full amount of the restoration quote.

As part of standard procedure for the processing of insurance claims, the Buyer must allow a representative of the shipping vendor to visit the delivery location in order to physically inspect the reported damage if requested.

The Buyer will be responsible for paying for any restoration or repair services directly, and Lofty will not be responsible for any costs incurred by the buyer beyond the original restoration quote.

If a Buyer wishes to open a Retention Claim for an item, that Buyer forfeits all rights to return the item.

Lofty will pay the Seller the net proceeds due (which is equivalent to the sale price less Lofty’s commission) on the agreed upon schedule, regardless of any outstanding insurance claims.

IV. Insurance Claim on Return to Seller

In the case that an item is returned to the Seller and damaged in transit, this will be pursued as a Total Loss. The Seller must notify Lofty of the damage as soon as possible. Lofty will require the Seller to thoroughly document the overall condition of the item and the packing material. Photographs should clearly represent any damage to the item and the condition of all packing materials. No parts of the item or packing materials should be discarded and the item should be kept at the  delivery address.

Once Lofty has received photographic documentation of the reported damage, Lofty will open an insurance claim with the shipping vendor for the full purchase price of the item.

Once Lofty has received confirmation from the shipping vendor that a claim has been initiated (including a claim number), Lofty will refund the Seller the full purchase amount, including shipping costs.

As part of standard procedure for processing insurance claims, the Seller must allow a representative of the shipping vendor to visit the delivery location in order to physically inspect the reported damage if requested. The Seller must release the property to the vendor and agrees to do so by requesting a Total Loss claim.

 

9. Import/Export Restrictions

Some of the products sold on the Site may require cultural, customs and endangered species permits for export from the country where they are located and import into the buyer’s country. Products may also be subject to a right of the country from which they are exported to purchase the products from the buyer, sometimes called a “right of preemption”. Neither the seller nor Lofty makes any representation, gives any warranty or shall have any liability to the buyer in respect of the requirement for, or the availability or issuance of, valid export or import permits, or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere. Lofty may cancel a sale in its sole discretion based upon import/export complications. Upon such cancellation, Lofty shall return the Total Purchase Price held by Lofty to buyer.

10. Return and Payment Policy

When an item is purchased, Lofty holds the payment in escrow for seven (7) days after the item is delivered. This 7-day return period allows the buyer time to verify that the item is as described in the associated product listing, and to report any damage that may have occurred in transit.

If no return is announced by the end of the 7-day return period, Lofty will initiate payment to the seller. After this period, a return will only be accepted if the item is determined to be inauthentic by an independent expert. Lofty's Authenticity Guarantee (when applicable, see below) will guarantee the authenticity of any item (as described in the Title and Subtitle of the associated product listing) purchased through Lofty for a period of five (5) years from the date of sale. This guarantee is non-transferable

There are three (3) situations in which a buyer may initiate a return during the 7-day return period:

1. In the event that the item is discovered to have been misidentified due to an oversight on the part of Lofty or its experts, Lofty will be responsible for the cost of fully insured return shipping to the seller, and will refund the purchase price of the item, including original shipping costs, to the buyer once the seller receives the returned item.

2. In the event that It is discovered that the dimensions, condition, or function of the item are meaningfully different than what the seller had reported to Lofty, the seller will be responsible for the cost of fully insured return shipping, and the buyer will be refunded the purchase price of the item, including original shipping costs, once the returned item has been delivered to the seller.

3. In the event that the buyer is not satisfied with a purchased item for any reason other than the item not being as described or having unreported condition issues, the buyer can announce a return within seven (7) days of delivery. The item must be returned in the original condition. The buyer is responsible for payment of return shipping, and Lofty will refund the buyer the full payment of the item, less original shipping costs, upon delivery to the seller's location.

11. Partial Refunds 

In the event that, upon delivery, the buyer discovers that the dimensions, condition, or function of the item are meaningfully different than what the seller had reported to Lofty, but the buyer still wishes to maintain possession of the item, the buyer may request a partial refund.

Once Lofty has received a request for a partial refund, our team will consult with an appropriate Expert to obtain an adjusted evaluation price for the item, which takes into account the material discrepancy discovered by the buyer. Lofty will communicate the discrepancy in value between the original evaluation and the adjusted evaluation to both the seller and the buyer.

Lofty will also obtain a competitive quote for return shipping from one of its vendors, which will be communicated to both the seller and the buyer.

To cover the discrepancy between the price paid by the buyer and the adjusted evaluation price, Lofty is entitled to offer a partial refund up to 25% of the sale price to the buyer from the seller’s sale proceeds.

I. In the case that the value discrepancy is less than or equal to 25% of the sale price, then the discrepancy will be refunded to the buyer entirely from the seller’s proceeds.

II. In the case that the value discrepancy is greater than 25% of the sale price, then 25% of the sale price (but no more) will be refunded to the buyer from the seller’s proceeds. This amount represents the seller’s share of the refund. Any remaining difference that is owed to the buyer will be paid by Lofty from Lofty’s realized commission from the transaction.

III. In the case that the value discrepancy is greater than the sum of the seller’s share of the refund and Lofty’s realized commission, then Lofty will either refund the remainder of the value discrepancy or request that the item be returned. This decision will be contingent upon the cost of return shipping:

a. If the remainder of the value discrepancy is less than or equal to the return shipping cost, then Lofty will refund the remainder of the value discrepancy to the buyer.

b. If the remainder of the value discrepancy is greater than the return shipping quote, then Lofty will not refund any amount of the value discrepancy to the buyer and will initiate standard procedures for a return.

12. Authenticity Guarantee

Lofty offers an Authenticity Guarantee as part of our pledge to stand behind the items we sell. If an item purchased through Lofty is discovered to be materially different from the way it was described by our Experts (based on the Title and Subtitle of the item as presented in the associated product listing), Lofty will refund 100% of the purchase price for a period of up to five years from the date of purchase. This guarantee is non-transferable.

Lofty warrants for a period of five years from the date of the sale that the item sold is accurately described on the product sale page and is not a forgery. Only the product Title and Subtitle is what is being warranted by Lofty. This means expressly stated information about the creator, the date of creation, the material and the age of an item. If one of the items of information listed above was not provided for a product, this information shall not be the subject of the warranty. This warranty does not apply to supplemental materials regarding the product and Lofty is not responsible for any errors or omissions in such material.

The Lofty warranty does not apply if: ( i ) the product description was in accordance with the opinion(s) of generally accepted scholar(s) and Expert(s) at the date of the sale, or the product description indicated that there may be a conflict of such opinions; or (ii) the only method of establishing that the product was not as described at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in Lofty’s reasonable opinion) to have caused damage to the product or likely to have caused loss of value to the product; or (iii) there has been no material loss in the value of the product from its value had it been in accordance with its description. If a product was expressly identified as a copy in the description before it was purchased, the warranty is excluded in this respect. If a product was expressly identified or described as a work with doubts regarding its authenticity, before it was purchased, the warranty is excluded in this respect.

This guarantee is made at Lofty's discretion and does not apply to all items.

The Lofty guarantee is provided for a period of five (5) years from the date of the relevant sale and is solely for the benefit of the original purchaser of record and may not be transferred to any third party. To make a claim under this guarantee, the original purchaser of record must: ( i ) notify Lofty in writing within thirty days of receiving any information that causes the original purchaser of record to question the accuracy of the product description, and the reasons for such question; and (ii) return the product to Lofty, at a location determined by Lofty, in the same condition as at the date of sale to the original purchaser of record, and be able to transfer good title to the product, free from any third party claims arising after the date of such sale.
The buyer’s sole and exclusive remedy against Lofty, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the Total Purchase Price. It is Lofty’s policy, and Lofty shall have the right, to require the buyer to obtain the written opinions of two recognized Experts in the field, mutually acceptable to Lofty and the buyer, before Lofty decides whether or not to cancel the sale under the warranty.

13. Data integrity

You represent that all of the information, data and other materials you provide on this Site or to Lofty through any other means are true, accurate, current and complete.

14. License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Lofty, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

Lofty grants you a limited license to access and make personal use of this Site. Lofty or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Lofty’s sole discretion. Lofty strictly prohibits any other use of any content available through the Site, including but not limited to:

1. any downloading, copying or other use of the content or the Site;

2. any caching, unauthorized linking to the Site or the framing of any content available on the Site;

3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);

4. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;

5. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or

6. any action that imposes or may impose an unreasonable or disproportionately large load on Lofty’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Lofty.

Lofty reserves the right to refuse or cancel any person’s registration for this Site, remove any account from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Lofty neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Lofty. Termination of your access or use will not waive or affect any other right or relief to which Lofty may be entitled, at law or in equity.

15. Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

    1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
    2. may contain software viruses or malware;
    3. is designed to impersonate others;
    4. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

With respect to any content you submit or make available through the Site, you grant Lofty a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Lofty.

16. Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Lofty. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Lofty is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

17. DISCLAIMERS

Lofty makes no representation or warranty of any kind, express or implied, with respect to the Site, any products offered for sale or sold on or through the Site or any seller, including without limitation: (i) any representation or warranty that the Site meets the buyer’s requirements; (ii) any representation or warranty with respect to title to or delivery of any product; (iii) any representation or warranty with respect to intellectual property rights in any product; (iv) any representation or warranty that any product conforms to its description or the colors, texture and detail shown on the buyer’s computer monitor; or (v) any representation or warranty regarding the character, reputation or business practices of the seller.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, LOFTY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. LOFTY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY

THE PROVIDERS WHOSE PRODUCTS ARE AVAILABLE ON THE SITE ARE NOT AGENTS OR EMPLOYEES OF LOFTY. LOFTY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE PRODUCTS AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), LOFTY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR ACCOUNT, ANY TERMINATION OR CANCELATION OF YOUR ACCOUNT; (4) ANY PRODUCTS MADE AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LOFTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LOFTY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LOFTY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND LOFTY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

In all events, and notwithstanding anything else contained in these Terms of Use, the maximum aggregate liability of Lofty to a user of the Site is limited to the amount paid by said user to Lofty within the past twelve months from the date of said liability.

19. Indemnities

You will indemnify and hold harmless Lofty from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and Experts’ fees), incurred by Lofty and such parties, and shall defend Lofty and such parties against any and all claims arising out of (i) your breach of these Terms and Use; (ii) fraud you commit, or your intentional misconduct or gross negligence; or (iii) your violation of any applicable U.S. of foreign law or the rights of a third party. Lofty will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Lofty.

20. Electronic Communications

When you use the Site or send emails to Lofty, you are communicating with Lofty electronically. You consent to receive electronically any communications related to your use of this Site. Lofty will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Lofty intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Lofty Site.

21. Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Lofty is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Lofty, in its sole discretion, may monitor, not post or remove any such content.

22. Access to Password Protected Site Features

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Lofty immediately. Lofty may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

23. Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Lofty or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Lofty or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Lofty’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Lofty’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

24. Claims of Intellectual Property Infringement

Lofty respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Lofty has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Lofty accounts who are repeat copyright infringers. Lofty may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. 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, please provide Lofty’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and, if available, email address;

5. 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; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

Lofty’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
ATTENTION: Legal
Hammerless, Inc.
26 Broadway, 22nd Floor
New York, NY 10004

By phone:
1 (888) 500 - 1707

By email:
http://www.lofty.com/pages/contact

Lofty may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

25. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

26. Force Majeure

Lofty shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Lofty. In the event that Lofty is temporarily unable to ship to you a purchased item because of such an event, Lofty will give you the option of deferring shipment or receiving a refund of your charges.

27. General

If any of the provisions set forth in these Terms of Use are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use and the relationship between you and Lofty will be governed by the laws of the State of New York without regard to its conflict of law provisions.

If a dispute arises under these Terms of Use between you and Lofty, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. The venue for all disputes arising under these Terms of Use shall be New York, the State of New York. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use, Lofty may resort to court action for injunctive relief at any time.

The failure of Lofty to act with respect to a breach of these Terms of Use by you or others does not waive Lofty’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Lofty does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

28. Changes to These Terms of Use

You acknowledge and agree that Lofty may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

29. Assignment

You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Lofty, which may be withheld at Lofty’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Lofty may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

30. Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and Lofty with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

31. How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at Contact@Lofty.com. You also may write to us at:

Lofty.com
Hammerless, Inc.
26 Broadway, 22nd Floor
New York, NY 10004

Effective Date: August 13, 2013