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Terms & Conditions
Electronic Communications and Your Account
When you visit maryellenbrown-fineart.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to be responsible for all activities that occur under your account or password. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
All content included on the Site, such as text, images, artwork, logos, graphics, button icons, data compilations, and software, are the property of maryellenbrown-fineart.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of maryellenbrown-fineart.com and protected by any and all copyright laws. All software used on the Site is the property of maryellenbrown-fineart.com or its software suppliers and protected by United States and international copyright laws.
Limited License; Permitted Uses
Maryellenbrown-fineart.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of maryellenbrown-fineart.com. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of maryellenbrown-fineart.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of maryellenbrown-fineart.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing maryellenbrown-fineart.com name or trademarks without the express written consent of maryellenbrown-fineart.com. Any unauthorized use terminates the permission or license granted by maryellenbrown-fineart.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of maryellenbrown-fineart.com so long as the link does not portray maryellenbrown-fineart.com or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any maryellenbrown-fineart.com logo or other proprietary graphic or trademark as part of the link without express written permission.
You represent and warrant that if you are purchasing something from us that (1) any credit information you supply is true and complete, (2) charges incurred by you will be honored by your credit card company, and (3) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Shipping Information and Risk of Loss
Most items ordered via the web site will be shipped within 3-4 working days of the order being placed. Orders are filled after the credit card is approved by the processing agent. Products will be shipped via USPS.
Shipping to the continental United States and Canada only. All items purchased from maryellenbrown-fineart.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Refund and Return Policy
If you should have any concerns about a product you have received, contact us within 7 days after delivery via e-mail to firstname.lastname@example.org with complete details provided. Should a return be warranted, mailing instructions will be provided to you. Once the product is returned to us in the original condition that it was received by you, a replacement or refund (minus shipping charges) will be made within 30 days.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY MARY ELLEN BROWN, FINE ART ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARYELLENBROWN-FINEART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARYELLENBROWN-FINEART.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARYELLENBROWN-FINEART.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MARYELLENBROWN-FINEART.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARYELLENBROWN-FINEART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE, DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of maryellenbrown-fineart.com.
THE AGGREGATE LIABILITY OF MARY ELLEN BROWN, FINE ART AND MARYELLENBROWN-FINEART.COM IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN SHALL NOT EXCEED THE PURCHASE PRICE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
You agree to indemnify, defend and hold us 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.
Use of Information
You agree that the laws of the state of New Hampshire, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and maryellenbrown-fineart.com. The federal courts of New Hampshire, and /or the state courts in Hillsborough County shall have exclusive jurisdiction and venue over any dispute related in any way to your visit to maryellenbrown-fineart.com or to products you purchase.
Site Policies, Modification, and Severability
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Information and Press Releases
The Site may contain information and press releases about us. 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.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the content and materials provided therein.