TERMS AND CONDITIONS
Welcome to howardlawrencefineart.com! Our services
and products are provided subject to the following terms and conditions. By
using the website, you agree to be bound by these terms and conditions. Please
read them carefully, as they contain important provisions relating to your use
of the site, including
an agreement to engage in binding arbitration to resolve any disputes between
us. The website is owned and operated by HowardLawrencefineart.
("howardlawrencefineart.com ").
I.
PRIVACY
You should review our Privacy Policy to
understand our privacy practices.
II.
TERMS OF USE
LICENSE
AND WEBSITE ACCESS
We grant you a limited, revocable license to access and
make personal use of the website as our customer. However, you are not
permitted to:
·
reproduce, duplicate, copy, sell or
otherwise exploit the website or any product image, product listing, product description,
price, page layout, page design, trade dress, trademark, logo or other content
("Website Content") for any commercial purpose, except as expressly
provided;
·
use a robot, spider or data mining or
extraction tool or process to monitor, extract or copy Website Content (except
in the operation or use of internet "search engines," hit counters or
similar technology);
·
use any meta tags, search terms, key terms,
or the like that contain the website’s name or trademarks used on the website;
·
engage in any activity that interferes with
the website or another user’s ability to use the website;
·
modify, create derivative works from,
reverse engineer, decompile or disassemble any technology used to provide the
website and the services offered on the website; or
·
assist or encourage any third party in
engaging in any activity prohibited by these Terms of Use.
Any use of the website or Website Content that is not
expressly authorized herein is prohibited and immediately terminates the
license granted herein.
ELECTRONIC
COMMUNICATIONS
You consent to receive communications from us by e-mail.
You agree that all agreements, notices, disclosures and other communications
that we provide to you by e-mail satisfy any legal requirement that such
communications be in writing.
YOUR
ACCOUNT
If you use the website, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. We reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion.
COPYRIGHT
All Website Content is our property or the property of
our content suppliers and is protected by international copyright laws. The
purchase of any product does not provide the purchaser with any copyright
interest or other intellectual property right in the product. All Website
Content that is not our property is used with permission. The arrangement and
compilation of all Website Content is our exclusive property and is protected
by international copyright laws. All software used on the website is our property
or the property of our software suppliers and is protected by international
copyright laws.
TRADEMARKS
Certain graphics, logos, page headers, button icons,
scripts, and service names are trademarks, service marks, or trade dress of our
company or our affiliated companies. Our trademarks and trade dress may not be
used for any commercial or other purposes without our prior written consent.
All other trademarks and service marks not owned by StoriedArt.com or our
affiliated companies that appear on the website are the property of their
respective owners and may or may not be used without their prior written
consent.
COPYRIGHT
& TRADEMARK COMPLIANCE; COMPLAINTS
We honor the intellectual property rights of others. If
you believe that your work has been copied or used on the website in a way that
constitutes copyright or trademark infringement, please notify us by following
the procedure set forth in the immediately following paragraph. Except in
limited instances under authorized agreements, we do not reproduce or
manufacture the products offered on our site, but rather we purchase or license
products from third party suppliers that represent to us that they have
sufficient rights to allow us to display and sell the products on the website.
Upon receipt of any bona fide claim of infringement, or upon becoming aware of
any actual or alleged infringement by any other means, we will remove such
actual or alleged infringing product(s) from the website and/or cease sales of
the product(s) pending our investigation.
Notice and Procedure for Making Claims of
Copyright / Trademark Infringement
If you believe that your work has been copied,
distributed or used on the website in a way that constitutes copyright or
trademark infringement, please contact howardlawrencefineart.com at:
Howard Lawrence Fine Art
1880 Oak Ave
Suite 301
Evanston, IL
60201
(847) 906-3298
Howard.Lawrence@howardlawrencefineart.com
STATEMENT
ON HUMAN TRAFFICKING AND SLAVERY
We are part of a global community and supply
chain. We are selective of our vendors and make efforts to ensure
that the workers in this country and abroad that make up our supply chain are
protected. We will not tolerate the involvement of our suppliers in human
trafficking and slavery, including sweatshops and forced or child labor.
We obtain contractual representations from our vendors of their compliance with
such laws and have the discretion to, with or without notice, inquire on their
practices.
REVIEWS,
COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post or submit reviews, comments,
suggestions, communications and other information via our website, by email or
through one of our website operation partners. You agree not to submit, transmit,
or otherwise make available in any manner any content (i) that is
unlawful, harmful, obscene, hateful, threatening, abusive, defamatory,
harassing, libelous, invasive of another's privacy, or is otherwise
objectionable, (ii) that infringes the intellectual property rights of any
party or (iii) which contains a chain letter or constitutes any form of
commercial solicitation, political campaign, mass mailing, "spam" or
software virus. You may not use a false e-mail address or otherwise provide
information that would be misleading as to the origin of such content. Although
we do not regularly review content you submit to the website, we reserve the
right to edit or remove any content that we find objectionable for any reason.
You represent and warrant that you possess all necessary rights to use the
content that you submit to the website and that use of such content does not
violate generally accepted standards of decency. You agree to defend,
indemnify, and hold us harmless from and against any and all claims arising out
of or relating to any content that you submit to the website. By submitting
content to the website, you automatically grant to us, or warrant that the
owner of such content has expressly granted to us, a royalty-free, perpetual,
irrevocable right and license to use your user name or the content in any
manner that we deem appropriate, in our sole and exclusive discretion. We take
no responsibility and assume no liability for any content posted by visitors to
our website.
USE
OF RECOMMENDATION SERVICES
We offer our website users certain services that involve
the use of images of our products. These include, but are not limited to, our
"Favorites" and "Email This" services. The product images
provided through these services are protected by international copyright laws
and may not be used for any other purpose. Users of these services may not:
(a) alter, modify or manipulate any product image; (b) use a product
image in any form other than the form provided by us; (c) reproduce a product
image other than as intended through the use of this service; (d) remove
any code or identifying information from a product image; or
(e) inactivate the link associated with any product image or cause the
image to ultimately link to a destination other than our website.
SUGGESTIONS
AND IDEAS
Visitors may submit suggestions, ideas or questions toHoward.Lawrence@howardlawrencefineart.com.
By doing so, you acknowledge that we will be free to use, disclose,
reproduce, modify, license, transfer and exploit any suggestions or ideas in
any manner.
LIMITATION
OF LIABILITY
We do not accept responsibility that the website, its
servers, or e-mail sent from the website are free of viruses or other harmful
components. We will not be liable for any damages of any kind arising from the
use of the website, including, but not limited to direct, indirect, incidental,
punitive or consequential damages. Certain laws do not allow limitations as
contained in this clause. If these laws apply, some or all of the above
limitations may not apply to you and you might have additional rights.
III.
TERMS OF SALE
These Terms of Sale apply to all offers made by
StoriedArt.com Inc., all purchases and orders placed by you and all agreements
concluded between us in relation to the products and services offered on this
website.
RETURN
RIGHTS
We are committed to quality products and your satisfaction
is 100% guaranteed.
If for any reason you are not completely satisfied with
your purchase, you may return it within 30 days of receipt and receive a free
replacement or a full refund for the price of the product. Shipping charges
will not be refunded. This applies to Original Artwork, Art Merchandise, and in
stock Resin Art pieces only. All print sales are final. The exception to that
is if the print is damaged upon receipt. In this case, please contact me
at Howard.Lawrence@howardlawrencefineart.com, or (847)
906-3298. You can also view my return policy here.
To return your Original Artwork item(s) please pack them
in the original box and include the completed Return Instructions form which
you will find on the back of the Packing List included with your order. Be sure
to specify the reason for the return and what action you would like us to take:
replacement or refund. We strongly encourage you to return your item via a
trackable method with insurance. You will be responsible for any damage to the
item incurred during shipping, or if the item is lost in transit, if you do
not.
PRICING
Notwithstanding the product prices shown on the website,
we cannot confirm the price of an item until you order. Despite our best
efforts, a small number of the items shown on the website may be mispriced as a
result of price changes that are implemented at or about the time of your visit
to the website. If an item’s correct price is higher than our stated price,
your sole recourse is cancellation of your order.
ACCEPTANCE
OF ORDER
We reserve the right to refuse or cancel any order.
In such event your sole recourse shall be the return of amounts paid by you
related to such order (if any).
SALES
TAX
Items shipped to destinations from the state of Illinois
are subject to tax. No sales tax is charged when purchasing gift certificates; however,
purchases paid for with gift certificates may be subject to tax. Your purchase
is not exempt merely because it is made over the Internet, by catalog, or by
other remote means.
Your state requires that you report all purchases that
were not taxed and pay tax on those purchases. See your state’s department of
revenue or taxation website for appropriate forms and instructions.
PRODUCT
DESCRIPTIONS
We attempt to describe our products offered as accurately
as possible. However, we do not warrant that product descriptions or other
content of the website are 100% accurate, complete, reliable, current or
error-free. If a product offered by us and purchased by you is not as
described, your sole remedy is to return it in unused condition for a
conforming replacement, refund or credit.
DISCLAIMER
We are not liable for any financial damage (including but
not limited to the cost of any replacement purchase) that may occur because of
non-timely arrival or any lack of availability or conformity of the product.
IV.
DISPUTES
Any dispute or claim relating in any way to
your use of StoriedArt.com, to purchases from StoriedArt.com, or to the sale of
any products or services sold or distributed by StoriedArt.com will be resolved
by binding arbitration, rather than in court,
except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act and federal arbitration law apply to this
agreement.
There is no judge or jury in arbitration,
and court review of an arbitration award is limited. However, an arbitrator can
award on an individual basis the same damages and relief as a court (including
injunctive and declaratory relief or statutory damages), and must follow the
terms of these Terms of Sale as a court would.
APPLICABLE
LAW
By placing an order with StoriedArt.com, you agree that
the Federal Arbitration Act, applicable federal law, and the laws of the state
of Illinois, without regard to principles of conflict of laws, will govern
these Terms and Conditions and any dispute of any sort that might arise between
you and Storied Art.com.
SEVERABILITY
If any of the terms or conditions herein shall be deemed
invalid, void, or for any reason unenforceable, that term or condition shall be
deemed severable and shall not affect the validity and enforceability of any
remaining term or condition.