Last updated: 4.15.19
By accessing or using our websites, online buying process, or other distribution channels (collectively, the “Sites”) now or in the future provided by Renaissance Fine Arts/Merritt Gallery, MeRa Galleries, Inc. or any current or future subsidiaries or other affiliates of either of us (collectively, “the Gallery,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, artwork or other products (“Products”) or services (“Services”) that may now or in the future be made available through the Sites (collectively, the “Products and Services”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect to any Products and Services, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
The Gallery reserves the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products and Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products and Services. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products and Services.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) where applicable, do not have more than one Gallery account with us, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
3. Registration, Account and Communication Preferences
Currently, you do not need to create an account in order to access and use certain areas or features of the Sites. This may change in the future including in connection with online purchases of Products and Services. In connection with any account that you create, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating an account or otherwise accessing the Sites, you also consent to receive electronic communications from the Gallery (e.g., via email or by posting notices to the Sites), which constitute a part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Ordering Terms for Online Sales
Payment in full is due at the time of order of the Product when picked up by you at the Gallery. Product to be delivered by us or shipped by a third party shipping company must be paid in full prior to the Gallery delivering the Product to you or your shipping company.
A 50% deposit paid at time of order is required for all special orders. This deposit is non-refundable.
We will work with you to facilitate shipping and delivery of your Products, as described below, however we are not responsible for Products left in the Gallery more than 90 days after order.
You may cancel your non-special order purchase within 24 hours of submission provided that your Product has not already shipped. For all orders that are not special order items and that are canceled prior to delivery or shipping, the purchase price will be refunded. If you choose to cancel your special order item(s) prior to shipment, your 50% deposit will not be refunded.
Any refund of shipping charges are pursuant to your agreement with your shipping company and will not be paid by the Gallery.
Should you decide to cancel a return and keep the Product after a refund was issued, we will charge your credit card in the amount of the refund issued.
If you do not cancel your order before we deliver your Product to you or to your shipping company, the “Return” provisions below shall apply.
If you are not satisfied with your purchase, or if you wish to cancel your order after it is delivered to your shipping company, you may return the Product (other than a special order) for a full refund provided all of the following criteria have been met:
a. The return is within 45 days of the order date
b. The Gallery must be contacted to receive a return authorization number within 3 days of receipt of the Product
c. The Gallery receives the Product in its (original, undamaged and pristine) condition as determined by us at our sole discretion, within 14 business days from the time the authorization number is issued. You are responsible for all fees associated with packing, shipping and insuring the Product back to the Gallery within 14 business days of the return number. Products must be returned in their original packaging . Products must be insured for full value when being returned and it must be received back in the same condition that it was originally sent out for the return to be accepted. Upon return, your return will be inspected. The Gallery reserves the right to refuse returns or exchanges at our sole discretion.
Special Orders may not be returned and the 50% deposit paid on special orders is not refundable.
a. Shipping is an additional fee paid to a third party and shipping arrangements must be confirmed within 7 days of the order. Shipping and delivery fees are non-refundable by the Gallery.
b. You are responsible for contracting with packing, crating, shipping, insurance companies. You may arrange your own shipping and may elect to use any shipping company of your choice. Alternatively, you may request the Gallery to obtain packing, crating and shipping estimates (but you are responsible for the actual selection of a shipping company). We will coordinate with shipper of your choice on your behalf, shipper/shipping company. The packing, crating, shipping, insurance companies that you designate are your agents and you bear all applicable costs and pay such costs directly to the agents.
c. If there is damage from packing or shipping, you must notify shipper immediately to find a resolution.
d. If the delivery address is within 30 miles of the existing Gallery locations, arrangements can be made for delivery. Additional fees may apply. An authorized individual must be home during your scheduled delivery window to accept and inspect your items and sign the delivery receipt.
Risk of Loss:
Risk of loss and title for such Items pass to you upon our delivery of the artwork to your carrier for shipment or when you pick up the artwork from the Gallery, as applicable.
The availability of artwork is subject to prior sale. All prices are subject to change without prior notice. All prices are in US dollars and are subject to any applicable taxes according to state and local laws.
Our goal is to provide accuracy in all prices, availability, descriptions and images. Due to the nature of the internet, color of computer monitors, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the website. There may be errors with the pricing, description or images and we reserve the right to restrict orders of those items and correct any errors, inaccuracies or omissions. We will correct inaccuracies or mistakes that come to our attention and we reserve the right to void any purchases based on an inaccurate price or description.
5. License to Access and Use of Our Sites and Content
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, any Gallery logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined below), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of the Gallery or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or Content of the Gallery or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by the Gallery or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
All images created or produced or modified by the Gallery are our sole property or that of the artists or of our suppliers and licensors. We may use any such image to promote the Site or for any other purpose at any time without restriction.
By purchasing Products, you are only acquiring material ownership of that Product. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorized by law. However, you can resell the Product.
Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without the Gallery’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and at our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with us as set forth below:
Renaissance Fine Arts
88 Village Square
Baltimore, MD 21210
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Gallery logo and any other the Gallery Product or service names, logos or slogans that may appear on the Sites or Products and Services are trademarks of the Gallery or of our parent or affiliated companies and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Renaissance Fine Arts, Merritt Gallery”, “MeRa Galleries” or any combination thereof or any other name, trademark or Product or service name of the Gallery without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Gallery and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products and Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products and Services, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Gallery.
9. Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products and Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that the Gallery is not responsible or liable in any manner for such interactions or Third Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and, in addition, will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may submit questions, comments, suggestions, ideas, original or creative materials, or other information about the Gallery, the Sites or the Products and Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of the Gallery. The Gallery shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Gallery, and our parent company and each of our subsidiaries and affiliates, and each of our and their respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, Product creators and suppliers, agents, representatives, predecessors, successors and assigns (individually and collectively, the “the Gallery Parties”), from and against all actual or alleged the Gallery Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, and (e) any third party’s use or misuse of the Sites or Services provided to you. You agree to promptly notify the Gallery of any third party Claims and cooperate with the Gallery Parties in defending such Claims. You further agree that the Gallery Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Gallery.
WE ATTEMPT TO DISPLAY MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT ALWAYS AVAILABLE. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WRITTEN AGREEMENT BETWEEN US, ALL PRODUCTS AND SERVICES AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE GALLERY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS AND SERVICES, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS AND SERVICES WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and to Products and Services at any time without notice and without obligation or liability to you. Reference to any Products and Services, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GALLERY OR ANY OF THE OTHER GALLERY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE GALLERY, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE GALLERY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE GALLERY AND THE OTHER THE GALLERY PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITES OR CONTENT, EXCEED $500. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE GALLERY AND THE OTHER THE GALLERY PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE the Gallery AND THE OTHER the Gallery PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH the Gallery PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer Services, so this limitation may not apply to personal injury claims.
17. Modifications to the Sites and Services
We reserve the right at our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) at any time and without liability therefor.
18. Informal Dispute Resolution
You and the Gallery agree that each party will notify the other party in writing of any dispute, arising out of or relating to these Terms, the Sites, Content or purchases of Products within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to the Gallery shall be sent by certified mail or courier to the Gallery at Renaissance Fine Arts, 88 Village Square, Baltimore, MD 21210. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your the Gallery account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address you have provided and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and the Gallery cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or the Gallery may, as appropriate, commence further legal proceedings as permitted by these Terms.
19. Governing Law and Venue
These Terms, your access to and use of the Sites and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law rules or principles (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties, shall be resolved in the state or federal courts of the State of Maryland, County of Baltimore, provided that we may seek injunctive or other equitable relief to protect our Content or other intellectual property in any court of competent jurisdiction. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and at our sole discretion, to terminate your right to access or use the Sites at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Those provisions of these Terms which by their scope and content are intended to survive the expiration or termination of these Terms shall so survive.
23. Force Majeure
We shall be excused from performance under this Terms if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, or any federal, state or local governmental agency, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
These Terms constitute the entire agreement between you and the Gallery relating to your access to and use of the Sites. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Gallery. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and the Gallery failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. We have agreed that the language of these Terms and any purchase of Services through the Sites shall be English.