TERMS OF USE

These Terms set forth the terms and conditions under which you may use this website and/or services as offered by us.
By accessing or using the website and/or our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

This website is www.hotspringsvintage.com, owned and operated by McDearmon the Merchant LLC, a vendor at the the independently owned and operated stores in Hot Springs, Arkansas that are featured on the website.

The purpose of this Website includes, and is not limited to the following:
1. Advertise the stores featured on the Website;
2. Advertise items that may be for sale by any of the stores on the Website;
3. Advertise items that may be for sale at any of the stores featured on the Website by vendors or consignors, including but not limited to, McDearmon the Merchant LLC, and/or any other vendor(s) and/or consignor(s) at any of the stores featured on the Website;
4. Advertise items that may be offered for sale by McDearmon the Merchant LLC through an online marketplace.

Any tangible item(s) shown or described on the Website may be available for sale/purchase, subject to availability. There is no guarantee that any item(s) shown or described on the Website, any item physically located at a store featured on this website, or any item located at any other physical or virtual location will be available for sale/purchase at any time.

This website may use stock images and/or AI generated images to enhance the design of the website.

Each store featured on this Website is independently owned and operated by their respective owners

PURCHASES

This website does not have an online store and checkout.

Any item shown or described on the Website may be available for purchase at a physical store location or an online marketplace, subject to availability.

Any applicable sales taxes are collected and remitted by the relevant store merchant or online marketplace. Any other charges you may incur in connection with a purchase, including but not limited to, additional taxes, possible transaction fees, or shipping and handling fees, will be charged when you checkout.

When buying an item through an online marketplace, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

We reserve the right to change the prices for products displayed or not displayed at any time, and to correct pricing errors that may inadvertently occur.

Any item(s) purchased that will be shipped is/are the sole responsibility of the shipping provider as soon as the item(s) is/are in possession of the shipping provider. The shipping provider is responsible for transit time, delays, damages that may occur to any item (or item packaging) in the shipping provider’s possession, and/or any other adverse occurrence.

WARRANTIES

All items are sold AS-IS, whether purchased online through any sales channel or at a physical location. There are no warranties, implied or otherwise.

RIGHT TO CHANGE OFFERING

We may, without prior notice, change the website and/or product offerings; stop providing the website, product offerings, and/or any features of the website or products we offer; and/or create limits for the website or product offerings. We may permanently or temporarily terminate and/or suspend access to the website and/or product offerings, without notice and without liability, for any reason or for no reason.

INTELLECTUAL PROPERTY

The website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of McDearmon the Merchant LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

The Website may use third-party trademarks for descriptive or explanatory purposes. Any third-party trademarks on the Website are the property of their respective owner, this Website is not affiliated with the owner of any third-party trademarks, third-party trademark owners do not endorse any content on this Website, and no trademark infringement is intended.

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the Website without notice and without liability for any reason, including if in our sole determination you violate any provision of these Terms and/or any applicable law or regulations. You may discontinue use and request to cancel your account associated with this website at any time. Notwithstanding anything to the contrary in the foregoing, with respect to any automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

IDEMNIFICATION

You agree to indemnify and hold McDearmon the Merchant LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by you or any third-party due to, or arising out of, or in connection with your use of the website and/or any of the products/services offered on the website.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall McDearmon the Merchant LLC, be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, and/or any other damages, including without limitation, damages for any loss, including but not limited to monetary loss, loss of profits, goodwill, use, data, tangible losses, and/or intangible losses, arising out of or relating to the use of, and/or inability to use, the website.

To the maximum extent permitted by applicable law, McDearmon the Merchant LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or service; and/or (iii) any unauthorized access to or use of the Website’s servers and/or any and all personal information stored therein.

RIGHT TO CHANGE AND MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion without notice to you. Therefore, you should review these page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms and/or any future version of the Terms, do not use or access (or continue to access) the Website or the service.

PROMOTIONAL EMAILS AND CONTENT

You agree to receive from time to time promotional messages and materials from us, by mail, email and/or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices, please notify us at any time. 

PREFERENCE OF LAW AND DISPUTE RESOLUTION

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Arkansas in the United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the city of Hot Springs, located in Garland County Arkansas. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.