TERMS OF SERVICE
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OVERVIEW
This website is operated by HitchnerArt. Throughout the site, the terms “we”, “us” and “our” refer to HitchnerArt. HitchnerArt offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress and merchant services are provided by FineArtAmerica. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE RETAIL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
PRODUCTS, SERVICE AND PRICES
Our prices are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and are subject to exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person. We may choose to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. .
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
THIRD-PARTY
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review third-party’s policies and make sure you understand them before you engage in the transaction. Complaints, concerns, or questions related to third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (online contest entries, guestbook entries or blog comments) or send creative ideas, suggestions whether online, by email, by postal mail, you agree that we may, edit, copy, publish, distribute and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise inappropriate and violates or these Terms of Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
PERSONAL INFORMATION
View our Privacy Policy.
ERRORS AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jennifer Hitchner and HitchnerArt and our parent, subsidiaries, affiliates, partners,, agents, contractors, service providers, subcontractors, suppliers harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they reference, or your violation of any law or the rights of a third-party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in the State of Florida.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
