- BINDING EFFECT
YOU AGREE THAT BY USING THE SITE AND / OR SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- USE RESTRICTIONS
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by Company or its licensors. You are expressly prohibited from using any Content without the express, prior written consent of Company or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Company, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Company’s express, prior written permission, 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
- USER CONTENT
The trademarks, logos, service marks and trade names displayed on the Site or as part of the Content are registered and unregistered trademarks of the Company and other persons (each, a “Trademark,” collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Site should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or as part of the Content, without our written permission or that of the applicable third-party rights holder.
- COMMUNICATIONS TO YOU
You agree that Company may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Company’s products or services, or for such other purpose(s) as Company deems appropriate.
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- USER ACCOUNTS
- RULES OF CONDUCT
While accessing or using the Site, the Content and the various other features available on the Site including without limitation your Account, you warrant and agree that you shall not:
- Violate any local, state, federal or international law, rule or regulation;
- Violate the security of the Site, or obtain or attempt to gain unauthorized access to the Site, Content, computer systems or networks connected to any serve associated with the Site or Content;
- Impersonate any person or entity, whether actual or fictitious, including anyone from the Site or Company, or misrepresent your affiliation with any other person or entity;
- Stalk, harass or harm another individual;
- Insert your own or a third-party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Content or services on any Site, or into anything you may submit to any Forum (as defined in the “Public Forums” section below) or any other areas of the Site;
- Use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site or any Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information and other materials), or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site (except that you may purchase products on the Site where offered and subject to these Terms);
- Alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices including therein or thereon;
- Engage in spidering, “screen scraping”, “database scraping”, harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information through the Site, including without limitation, any information residing on any server or database connected to the Site;
- Use the Site or their features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- Circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site;
- Create any links from the Site (or include any links in your submissions to any part of the Site) directed to websites or content owned or maintained by third-parties;
- Frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by Company of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
- Upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law;
- Use the Site or the Content to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- Upload, post, publish, distribute or otherwise transmit information or material which constitutes or contains a virus, spyware or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; and/or
- Use the Site or their services (or any Content), in whole or in part for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
- PUBLIC FORUMS
The Site may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, blogs, and other similar forums, areas and services) (collectively, the “Forums,” each a “Forum”). These Terms apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Site and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information on the Forums.
- SUBMITTED MATERIALS
Unless specifically requested from you, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the contact us section, (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by Company in any manner consistent with these Terms.
- RIGHT TO MONITOR AND EDITORIAL CONTROL
We may (but have no obligation to) monitor or review any Submitted Materials. We neither sponsor, endorse, control, nor bear responsibility for any such Submitted Materials. However, we may disclose any information or materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any such Submitted Materials, in whole or in part, which violate these Terms, our policies or applicable law, which in our sole discretion are objectionable. Using the Site may expose you to content the may be offensive, indecent, or objectionable to you, and we are not liable for such content.
You may order products from our Site only if you have reached the age of the majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Site may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from our Site, you agree to be bound by these Terms.
We reserve the right to refuse any order you place through the Site. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any unauthorized party. You are not permitted to resell any products or services purchase through any of the Site for commercial purposes.
By purchasing from the Site, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect any unpaid debt and to obtain credit card authorization.
Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed.
This Site and all contents of the Site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Company shall not be liable for any damages of any kind related to your use of this Site.
- INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
- DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES
We respect the intellectual property rights of others, and require that the people who use the Site and the Content do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the e-mail address listed below (see 17 U.S.C. Section 512(c)(3) for further detail):
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (i) a physical or electronic signature; (ii) identification of the material that has been removed the location at which the material appeared before it was removed; (iii) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (iv) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the United Sates, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under or an agent of such person. Upon receipt of a valid counter-notification, we will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify Company that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Site.
- NO WARRANTIES
COMPANY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
- AFFILIATED SITES / LINKS TO OTHER WEB SITES & SERVICES
- GOVERNING LAW
- NO CLASS ACTION MATTERS
You agree that you will bring any dispute individually against Company, and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, you agree that disputes will be decided only on an individual basis and not in a class, consolidated, or representative action and that the finder of fact may award relief (including injunctive relief) only on an individual basis. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Company is a party to the proceeding.
- JURISDICTIONAL ISSUES
- SEVERABILITY; WAIVER
We may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or terminations of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Content, and anything connected with, relating to or arising therefrom.
- CONTACT US
Please direct all questions or comments about the Site, these Terms, or any products you purchased through the Site to: Berry@Artlifepractice.com