Terms and Conditions of Service

Last edited May 15, 2020

Vendor-specific section below.

The Greylock Galleria’s Guidelines and Terms of Use

Please review the following guidelines and terms of use (“Guidelines and Terms of Use”) which constitute a binding license agreement that condition your use of this website. If you choose not to be bound by the Guidelines and Terms of Use, please leave the Greylock Galleria’s website. If you remain on this site, or return thereafter, you agree to be bound by the Guidelines and Terms of Use.

Privacy Policy

If you remain on this site, or return thereafter, you acknowledge your consent to our Privacy Policy.

Memberships, Purchases, donations, and contributions

We work with a different company to process payments so we can stay focused on improving our platforms, and delivering great news and entertainment content. When you make a payment, you agree to use a valid payment method.
We may provide you the ability to purchase memberships/subscriptions, promotional items related to our content, our sponsors, advertisers, or partners, make a charitable donation to a us or a third party organization, contribute to a fundraiser, or purchase other products or services.

We work with Stripe, a credit card payment processing company to process all credit card transactions. If you participate in any contribution, donation, or purchase, or if you make a payment for services, Stripe will store on our behalf certain information about you. For more information, see our Privacy Policy.

We work with PayPal, a credit card payment processing and financial services, company to process some credit card and other payment transactions. If you participate in any contribution, donation, or purchase, or if you make a payment for services, PayPal will store on our behalf certain information about you. For more information, see their Privacy Policy.

You agree that, for all purchase, donation, or contribution transactions, (a) you will not use an invalid or unauthorized payment method; (b) you will be charged using the payment method you designate; and (c) all transactions are final and non-refundable (unless otherwise determined by greylockgalleria.com in its sole discretion). You understand and acknowledge that payments made to greylockgalleria.com are not tax-deductible as charitable donations. Charitable donations to qualified tax-exempt organizations made through our platforms may be tax-deductible. Please review any relevant terms and conditions of the receiving organization when making a donation.

If you make a purchase, donation, or contribution through our platform, you agree to pay the applicable fee or amount in accordance with any pricing and payment terms presented to you for that purchase donation or contribution.

Classified/Discussion Board Guidelines

The Greylock Galleria does not control the content of the classified ads or discussion board listings, nor does it guarantee the accuracy or quality of their content. You, as a user of this website, understand that by browsing the Greylock Galleria’s classifieds, you will be reading content that may be objectionable to you. Under no circumstances will the Greylock Galleria be liable in any way for any classified ad or discussion board listing, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any content posted on the Greylock Galleria’s website. By using this site you agree to the following: to never sell anything illegal; to fully and accurately describe your service or sale item; and to comply with all applicable laws. You are entirely responsible and liable for any content you post or any content that is posted through your account. The Greylock Galleria reserves the right to remove any classified ad or discussion board listing without notice, warning or refund. The Greylock Galleria reserves the right to modify or discontinue any and all parts of the website without notice even though such changes may affect the way you use the website. You agree that the Greylock Galleria shall not be liable to you or to any third party for any modification, suspension or discontinuance of the classified listing and display system.

Content Posting Guidelines

You agree not to use the Greylock Galleria’s website to: (A) publish content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, invasive of another’s privacy, or reflective of racial or ethnic bias; (B) misrepresent your identity; (C) post an advertisement that infringes any trademark, patent, trade secret, copyright or other proprietary right of another party; (D) include any information about an individual other than yourself in a listing; (E) post any material that contains software viruses or any other damaging computer programs; or (F) delete or alter any material posted by another user. The information you provide in the Greylock Galleria’s website shall not: (A) violate any law, statute, ordinance or regulation; (B) be fraudulent or involve the sale of illegal items; (C) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (D) be false, inaccurate or misleading; (E) contain any software viruses or any other damaging computer programs; (F) discriminate on the grounds of race, religion, national origin, gender, disability, age, marital status, or sexual orientation; or (G) refer to matters prohibited by law. If you fail to comply with these Content Posting Guidelines and subject to our Copyright Infringement Policy and Takedown Procedure, the Greylock Galleria shall take down your listing and advise you that your listing has been taken down. In the event you fail to comply with these Content Posting Guidelines, including without limitation infringing another’s copyright on more than one occasion, the Greylock Galleria shall suspend or terminate your use of the website. The Greylock Galleria reserves the right to refuse to provide services for any reason and with no warning.

Fair Housing

All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, which prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Greylock Galleria will not knowingly accept any real estate advertisements which are in violation of any applicable law. Users are hereby informed that all dwellings advertised on thestrangerclassifieds.com are available on an equal opportunity basis. To complain of discrimination, call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.

Permission to Use

The user of the Greylock Galleria’s website grants the Greylock Galleria a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and fully sub-licensable license to use, distribute, publish, reproduce, modify, adapt, translate, publicly perform and publicly display (in whole or in part) all graphics, photographs, audio recordings, video recordings, or other content you post on, or link to from, the Greylock Galleria’s website, along with the right to incorporate any such content into other works in any format or medium now known or later developed.

Use of Material Published by the Greylock Galleria

Except for material in the public domain, the content on this website is protected by intellectual property laws, including U.S. copyright laws. All content is copyrighted by Index Newspapers LLC. All content of this site and its feeds are for personal non-commercial use and not for further dissemination in any medium.

Links

The Greylock Galleria has no control over and is not responsible for the content, Terms of Service, or Privacy Policies located in linked sites and makes no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement and you access them at your own risk.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. The Greylock Galleria SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND IN THE ADS ON THIS SITE. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. NEITHER the Greylock Galleria NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. If you are dissatisfied with the website, or any aspect thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.

Modifications/Termination

The terms of the Guidelines and Terms of Use will not be modified on an individual basis. You agree that the Greylock Galleria may modify the Guidelines and Terms of Use (or discontinue this website) in its sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of the Guidelines and Terms of Use.

Indemnity

You agree to indemnify and hold harmless the Greylock Galleria, its affiliated and parent companies, employees, and agents from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website, the violation of these terms by you, or the infringement by you, or others using your computer to access this website, of any intellectual property or other right of any person or entity. The Greylock Galleria reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Jurisdiction

The Greylock Galleria website is hosted on servers located in the United States of America and is intended to be viewed by residents of the United States only. In the event of any dispute arising out of or relating to this website, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Pittsfield, Massachusetts. You also agree that regardless of any statute or law to the contrary, any lawsuit asserting claims or causes of action arising out of or related to use of this website or these Guidelines and Terms of Use must be filed and served within one (1) year after such claim or cause of action accrues or be forever barred.

Severance and Waiver

You, the user, acknowledge and agree that if any provision of the Guidelines and Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Guidelines and Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that the Greylock Galleria may fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of information or materials in the Greylock Galleria’s possession. Furthermore, if any provision of the Guidelines and Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision. The Greylock Galleria’s failure to exercise or enforce any right or provision of the Guidelines and Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Greylock Galleria.

ATTORNEY’S FEES

The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys’ fees, incurred by the prevailing party in resolving such dispute.

COMPLIANCE WITH LAWS

Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.

CONFLICTS

The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document.

CUMULATIVE RIGHTS

Any specific right or remedy provided in this contract will not be exclusive but will be cumulative of all other rights and remedies.

FORCE MAJEURE

Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within ten (10) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party’s performance is delayed for a period exceeding thirty (30) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this agreement.

INTEGRATION PROVISION OR ENTIRE AGREEMENT

This agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.

LIMIT OF LIABILITY

In no event shall either party be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.

NOTICES

All notices shall be in writing and shall be delivered personally, by United States certified or registered mail, postage prepaid, return receipt requested, or by a recognized overnight delivery service. Any notice must be delivered to the parties at their respective addresses set forth below their signatures or to such other address as shall be specified in writing by either party according to the requirements of this section. The date that notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified or registered mail.

SEVERABILITY

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.

SUCCESSORS AND ASSIGNS

This agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.

SURVIVAL

All provisions that logically ought to survive termination of this agreement shall survive.

TERMINATION FOR CAUSE

If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other party specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.

TERMINATION FOR CONVENIENCE

This agreement may be terminated by either party on thirty (30) days advance written notice effective as of the expiration of the notice period.

WAIVER

Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.

Please report any violations of the Guidelines and Terms of Use or misuse of the system to [email protected]

WARRANTY DISCLAIMERS

Except as expressly stated in this agreement, the seller expressly disclaims and negates any implied or express warranty of merchantability, any implied or express warranty of fitness for a particular purpose, and any implied or express warranty of conformity to models or samples of the Site or its features.

Violations and Misuse

Vendor Marketplace Agreement

In order to sell items on GreylockGalleria.com (the “Site”), you must agree to the marketplace Vendor agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this marketplace agreement. The Site is operated by GreylockGlass.com (“The Greylock Glass”), which reserves the right to make changes to this vendor marketplace agreement at any time. Changes to this vendor marketplace agreement are effective when the changes are posted to the Site. Continuing to sell items in Greylock Galleria will constitute your agreement to the new Vendor Marketplace Agreement. It is your responsibility to review the changes and decide if you want to continue to use Greylock Galleria. Changes to the marketplace Vendor agreement may occur at any time and without notice to you.

THE MARKETPLACE

The Greylock Glass provides an online service that allows artists and artisans within a 100 mile radius of Mt. Greylock (the “Greylock Region”), Berkshire County, Mass, and any others, at the discretion of the Greylock Glass, to sell their products to buyers. The Greylock Glass does not act as the agent for either buyers or Vendors. Our service provides a platform for these transactions to take place.

ACCOUNT SET-UP

You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of buying or selling on the marketplace. You are responsible for protecting your password. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. The Greylock Glass is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and nonassignable.

ELIGIBILITY REQUIREMENTS

Listing items for sale on Greylock Galleria is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on Greylock Galleria. To list items for sale you must be able to demonstrate, at the request of The Greylock Glass, that the products you make available for purchase are made, grown, or materially and creatively altered by you or your staff. Exceptions may be extended, at the discretion of the Greylock Glass, to vendors of antique items. If you are ever found to be selling the work of others, or work created outside the 100 mile radius of Mt. Greylock, your account may be suspended or terminated at the discretion of the Greylock Glass. If your account is suspended, your access to The Site will be immediately suspended until you are reinstated.

COVID-19 EXEMPTION from ELIGIBILITY REQUIREMENTS

The Greylock Glass, in an effort to assist local independent business in the Greylock Region, may allow, at its sole discretion, brick and mortar retailers to sell items through The Site that they are unable to sell through their own physical business locations due to mandatory closures enforced by legal authorities in their geographic area of jurisdiction.

MARKETPLACE FEES

For all open-market items sold through Greylock Galleria, The Greylock Glass charges the Vendor a flat transaction fee of 25%. Invoices for platform fees are sent on or about the first of each month for the previous month. The vendor is responsible for paying platform fees for the previous month NET30. Fees may change at any time with 90 days’. The fee schedule in effect on the date of sale of the item shall govern the transaction. By listing an item for sale in Greylock Galleria, you agree to pay the applicable fees and any collection costs related to non-payment of fees.

Platform fee, as of May 15, 2020 is: $0.00.

REQUIRED COMMUNICATION

The Greylock Glass requires you to provide timely support to the marketplace customers. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the Greylock Galleria marketplace within 48hrs if possible. You are also required to notify Greylock Galleria when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change.

SHIPPING EXPECTATIONS

All shipping fees are included in your price. All orders should be shipped to customers within the timeframe you have committed to in your item posting. It is your responsibility to deliver the items contained within an order to the Buyer.

VENDOR RESTRICTIONS

Vendors cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Furthermore, Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of Vendors may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of The Greylock Glass. Marketplace transactions must take place between two different individuals, organizations or entities. The Greylock Glass reserves the right to refuse service to anyone at any time for any reason.

The Greylock Glass reserves the right to prohibit the sale of any item in the marketplace. At The Greylock Glass’ discretion, products may be removed at any time without notice. The way listings appear in the marketplace may change without notice to users of the marketplace (Buyers or Vendors).

Vendors are expected to only list items and quantities they are capable and willing to sell in the delivery timeframe they specify. Vendors are required to sell items at the price they listed to customers that meet the Vendor’s terms. By listing an item on Greylock Galleria you agree that you have the right to sell the item, that you have access to the item and that your description provided in your listing is complete and accurate. Vendors are required to ship an order by the provided ship. Failure to ship by the provided date may be grounds for termination of your Account.

In consideration of The Greylock Glass waiving startup fees and extending NET30 payment terms to the Vendor, the Vendor agrees to not directly or indirectly compete with The Greylock Glass and its successors and assigns by creating or having any ownership stake in a multi-Vendor marketplace for the duration of this agreement and for twelve months following the termination of this agreement. The vendor acknowledges that The Greylock Glass shall or may in reliance of this agreement provide the Vendor access to trade secrets, customers, and other confidential data and that the provisions of this agreement are reasonably necessary to protect The Greylock Glass and its good will. The Vendor agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.

PAYMENTS

When a buyer completes a purchase on Greylock Galleria the Vendor will receive an email with a transaction summary and a link to a secure (PCI DSS Compliant) page on the Greylock Galleria website containing the payment details including a Charge ID, customer IP address, and billing address. The revenue from the purchase is received by the Greylock Glass. When a vendor’s value of sales reaches $10, they are eligible to request a withdrawal of funds earned. It is the Vendors responsibility to submit the request for withdrawal of funds. Payment of withdrawals by the Greylock Glass to Vendors is currently made through PayPal or bank transfer. It is the Vendors responsibility to provide accurate information for either, or both, of these payment account options. The Greylock Glass is not responsible for payments misdirected due to inaccurate information submitted by the Vendor.

TAXES

All prices on items listed by Vendors on Greylock Galleria are to be listed excluding any required sales or other taxes. The Greylock Galleria will collect and remit any sales taxes associated with a transaction to the Commonwealth of Massachusetts, Department of Revenue. The Greylock Glass is not, however, responsible for determining when tax should be charged; Vendors are expected to know what categories of goods and services are taxable. If, for example, a vendor neglects to select the Zero Tax option for an appropriate product (clothing or foot ware valued at $175 or less) and their customer is erroneously charged tax on the purchase, it is the Vendor’s responsibility to notify the Galleria immediately that arrangements must be made to refund the amount the customer paid in tax.

Neither the Greylock Galleria nor the Greylock Glass is in any way responsible for the tracking or maintenance of and data, information, or records connected to and revenue received by Vendors that Vendors have an obligation to report as income to any local, state, or federal agencies. The Vendors and the Vendors alone are responsible for complying with and income tax rules and regulations that apply to them accurately.

RETURN POLICY

For all of your products you will accept, and process returns, refunds and adjustments in accordance with this marketplace Vendor agreement. The buyer is subject to the Vendor’s return policy. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Greylock Galleria marketplace purchases and work directly with your credit card processor. You will promptly provide refunds and adjustments that you are obligated to provide and as required by law, and in no case later than thirty (30) days after the obligation arises. If the Vendor sends evidence of the return(s) to The Greylock Glass, then The Greylock Glass will provide credit on the following month’s invoice to the Vendor.

RELATIONSHIP OF THE PARTIES

The relationship of the parties under this agreement is that of a service provider (an online marketplace) and a Vendor using the services of the site. In all matters relating to this agreement each party hereto shall be solely responsible for the acts of its employees and agents, and employees or agents of one party shall not be considered employees or agents of the other party. Except as otherwise provided herein, no party shall have any right, power, or authority to create any obligation, express or implied, on behalf of any other party. Nothing in this agreement is intended to create or constitute a joint venture, partnership, agency, trust, or other association of any kind between the parties or persons referred to herein.

LIMIT OF LIABILITY

In no event shall The Greylock Glass be liable for any incidental or consequential damages. The Vendor’s exclusive remedy for any cause of action arising in connection with this contract or the sale or use of the goods, whether based on negligence, strict liability, breach of warranty, breach of contract, or equitable principles, is expressly limited to, at Greylock Glass’s option, repayment of the price of the monthly platform fee with respect to which damages are claimed. All claims of any kind arising in connection with this contract or the use of the Site shall be deemed waived unless made in writing within sixty (60) days from the date of seller’s delivery, or the date fixed for delivery in the event of nondelivery.

ASSIGNMENT

Vendor shall not assign or subcontract any of its obligations or duties under this agreement without the prior written consent of The Greylock Glass, which consent shall not be unreasonably withheld or delayed.