Jack Rabinowitz

SECTION I. TERMS OF USE
The following are the terms of use and conditions (the "Terms") under which you (a "User") may use the web site at www.jackrabinowitz.com owned and operated by the Estate of Jack Rabinowitz (the "Company".) By accessing, using, browsing, or buying on this Site you agree that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws, rules and regulations without modification, limitation or qualification, by the Terms.

Your use of the web site constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the web site. (The content of such agreement, inclusive of the terms and all such additional conditions and notices, are together referred to herein as the "agreement.") If you do not accept any of the provisions of the agreement, do not use the web site.

SECTION II. LIMITED LICENSE TO USE THE SITE AND SERVICES; RESTRICTIONS AND OWNERSHIP
The Estate of Jack Rabinowitz owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Estate of Jack Rabinowitz is the owner of the copyright in the entire Site and Services. The Estate of Jack Rabinowitz owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a purchase. You may not modify, download, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of the Estate of Jack Rabinowitz. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Jack Rabinowitz Estate and is protected by U.S. and foreign copyright laws and international conventions. As between you and the Jack Rabinowitz Estate, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Jack Rabinowitz Estate and is protected by U.S. and foreign copyright laws and international conventions. None of the material contained on the Site or Services may be reverse-engineered, disassembled, stored in a retrieval system, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, without the prior written consent of the Estate of Jack Rabinowitz. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to the Estate of Jack Rabinowitz.

You agree not to infect our Site with any computer programming routine or virus that may damage, interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses, trojan horses or delay, intercept or expropriate any system, data or personal information. You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site. You may not take any action that places an unreasonable burden or excessive load on our system. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission.

SECTION III. THE ESTATE OF JACK RABINOWITZ'S RIGHTS TO MATERIALS PROVIDED BY USERS
The Estate of Jack Rabinowitz welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content or materials to the Site or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you grant to the Estate of Jack Rabinowitz a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed.

Any or all Communications provided by you to the Site or Services may be included in a database owned by The Estate of Jack Rabinowitz and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

SECTION IV. CHANGE TO SITE OR SERVICES OR TERMS AND CONDITIONS
The Company reserves the right, at its sole discretion, to change, modify, add, remove, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, any portion of these terms and conditions of use, in whole or in part, at any time by updating the Site without notice to you. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability.

Changes in these terms and conditions of use will be effective when posted. You are bound by any such modification or revision and you agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes. We may change our Site at any time to add or remove features, services or auctions in our sole discretion, and without liability to any user. If, for any reason, you do not agree to abide by our Terms of Use, please do not use the Site.

SECTION V. SITE INTEGRITY
We reserve the right to investigate potential abuses of these Terms of Use and, where we deem it appropriate, we may contact law enforcement officials to investigate. We reserve the right, in our sole and absolute discretion, to suspend or terminate your right to access our Site if we learn that you have violated these Terms of Use.

SECTION VI. WARRANTIES; LIMITATION OF LIABILITY AND INDEMNIFICATION
We may modify or discontinue the Site or any of the services or features of the Site, including specific sales, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis.

You understand and expressly agree that: (1) use of the site and its services is solely at your risk, (2) any material purchased and/or data downloaded or otherwise obtained through the use of the Jack Rabinowitz web site is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

You agree to indemnify, defend and hold harmless the Company, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. The Estate of Jack Rabinowitz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of the Estate of Jack Rabinowitz.

Limitation of Liability; Exclusion of Damages
The Estate of Jack Rabinowitz disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. The Estate of Jack Rabinowitz is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services.

THE ESTATE OF JACK RABINOWITZ MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS. UNDER NO CIRCUMSTANCES SHALL THE ESTATE OF JACK RABINOWITZ, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION VII. THE MATERIAL ON THE WEB SITE
WARNING: The content of the Web Site is not intended for minors. Such content extends to a wide range of art, is generally uncensored, and may include nudity, representation of nudity or other graphic or literary content that some people may consider offensive. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Web Site is inappropriate for your child, and to control the child's use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Web Site.

The contents of the Web Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. The Company authorizes you to view the Material solely for your personal, non-commercial use, or in the case of dealers, to display to your clients solely for purposes of facilitating a transaction with the Company.

The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Web Site without the express prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks.

If you violate any provision of the Agreement, your permission to use the Material and the Web Site automatically terminate and you must immediately destroy any copies you have made of the Material.

SECTION VIII. LIABILITY DISCLAIMERS
The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.

SECTION IX. DISCLAIMERS OF CERTAIN DAMAGES
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION X. IMPORT AND EXPORT REGULATIONS REGARDING TANGIBLE PROPERTY FOR NON-UNITED STATES RESIDENTS
The Jack Rabinowitz Estate makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The United States and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property. It is the responsibility of the buyer to ensure that the property is properly imported into the buyer's country.

SECTION XI. GENERAL
All artwork prices are listed for first offering on a first come first serve basis. All sales are final as artwork is on an AS IS BASIS. All prices are subject to change until agreed purchase contracts are signed.

All artwork sizes are measured vertically/horizontally in approximation. All signatures are documented. All artwork has been stored in a climate-controlled facility to best preserve the work. All artwork is signed or authenticated by the estate as documented. All artwork is documented for medium and substrate.

All artwork is a one of a kind article that might include folds, tears, creases, wrinkles, smudges and other imperfections that are a bye product of the longevity of the artwork. All work is stored to minimize such imperfections and is noted before the final agreed upon purchase price. All items are professionally packed and insured through UPS. If you are dissatisfied with your order, please contact us immediately and we will promptly remedy the problem to the best of our ability.

SECTION XII. WEBSITE LOCATION
The Web Site is based in the State of Connecticut, U.S.A. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Connecticut applicable to contracts entered into and performed within the State of Connecticut without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be the state courts in the State of Connecticut. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site.

SECTION XIII. NO RESPONSIBILITY FOR USER TRANSMITTED MATERIAL
You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Estate of Jack Rabinowitz or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and the Estate of Jack Rabinowitz or any Estate of Jack Rabinowitz affiliate or subsidiary other than pursuant to these terms and conditions of use.

SECTION XIV. DISCLAIMER OF WARRANTIES
The Estate of Jack Rabinowitz does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Estate of Jack Rabinowitz reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

NEITHER THE ESTATE OF JACK RABINOWITZ NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE OR SERVICES, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER THE ESTATE OF JACK RABINOWITZ NOR ITS CONTENT PROVIDERS WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT SPECIFIC RESULTS WILL ARISE FROM USE OF THE SITE OR SERVICES, ANY CONTRIBUTIONS, SEARCH, LINK OR ANY OTHER ESTATE OF JACK RABINOITZ PRODUCTS OR SERVICES.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES

SECTION XV. COLLECTION & SHIPPING
Buyers arrange shipping and may use their own carriers or request our assistance. Property remaining beyond the stated number of days following the sale is subject to storage and handling charges, taxes and insurance

Payment Methods
VISA/MC/AMEX/Discover Credit Card accepted using PayPal and artwork will ship according to mutually agreed upon date. Money Order / Cashiers Checks accepted and will ship upon receipt of payment according to mutually agreed upon date. If you pay by check, we ask for your patience as your purchase will be released upon notice that your check has cleared. You may pay with cash (subject to certain restrictions and legal limits) if an agreed upon exchange meeting date is setup for payment and transfer of artwork.

Pickup or Delivery
Upon payment, you may pick up your purchases at the location arranged or arrange to have them shipped. All purchases should be picked up or shipped within ten business days after the transaction completion date. After that time, your property will be subject to a handling charge and you may be charged for storage. If you are interested in shipping, shipping and insurance arrangements need to be agreed upon before final payment. onditions, Limitations, Licensing, Restrictions, Liabilities, Disclaimers, Shipping and Payment.