Welcome to our site. We maintain this web site as a service
to our customers. By using our site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not review
information or obtain goods or products from this site.
- Acceptance of Agreement. You agree to the
terms and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the content, products or services
provided by or through the Site, and
the
subject matter of this Agreement. This Agreement may be amended at any
time by us from time to time
without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to
using the Site.
- Copyright. The content, organization,
graphics, design, compilation, magnetic
translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do
not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of
information or materials on the Site
does
not constitute a waiver of any right in such information and materials.
- Trademarks. Other product and company
names mentioned on the Site may be
trademarks of their respective owners.
- Limited Right to Use. The viewing, printing
or downloading of any content, graphic,
form
or document from the Site grants you only a limited, nonexclusive license
for use solely by you for
your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale
or redistribution).
- Editing, Deleting and Modification. We
reserve the right in our sole discretion to edit or delete any documents, information or other content
appearing on the Site.
- Indemnification. You agree to indemnify,
defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this
Agreement
or use of the Site.
- Nontransferable. Your right to use the Site
is not transferable. Any right given to you to
obtain information or documents is not transferable.
- Disclaimer and Limits. THE INFORMATION FROM
OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE INFORMATION
WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM
OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
- Use of Information. We reserve the right,
and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner consistent with our Privacy
Policy.
- Third-Party Services. We allow access to or
advertise third-party merchant sites
("Merchants")
from which you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and
customer
service. We are not a party to the transactions entered into between you
and Merchants. You agree that use of
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this Agreement.
- Payments. You
represent and warrant that if you are purchasing something from us (i) any
credit information you supply is true and complete,
- Securities Laws. This Site may include
statements concerning our operations, prospects, strategies, financial condition, future economic
performance and demand for our products
or
services, as well as our intentions, plans and objectives, that are
forward-looking statements. These
statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of
which are beyond our control. When used on our
Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are
intended to identify forward-looking
statements
designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale
of any securities. None of the information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related
filings or documents.
- Links to other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content, accuracy
or opinions expressed in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents. We respect
the intellectual property of others, and we
ask you to do the same. If you believe that your work has been copied in a
way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
- An electronic or
physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
- A description of the copyrighted work that
you claim has been infringed;
- A description of where the material that
you claim is infringing is located on the Site;
- Your address, telephone number, and email
address;
- 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; 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
is Thomas Fox, who can be reached as follows:
By snail mail:
FoxArtistry
c/o Thomas Fox
4031 Muirfield Place
Lompoc, CA 93436
By e-mail:
fox@foxartistry.com
- Refund Policy. If a product purchased by
you proves to be defective or not to your reasonable satisfaction, you can
return the product (or mail just the custom portion of the print) within
21 days of receipt, to the following address:
FoxArtistry
c/o Thomas Fox
4031 Muirfield Place
Lompoc, CA 93436
In such event, we will provide you a credit for
other purchases on the Site (less shipping and handling charges incurred). This
Section 17 sets forth your sole and exclusive right to refund and return.
- Information and Press Releases. The Site
contains information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed by
us.
- Miscellaneous. This Agreement shall be
treated as though it were executed and performed in Lompoc, California,
and shall be governed by and construed in accordance with the laws of the
State of California (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in Lompoc, California. You expressly submit to the
exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce such
provision.