Terms and Conditions

 

Terms and Conditions (“Terms”) are a set of legal terms defined by the owner of a website. They are set for the terms and conditions governing the activities of the website visitors on the said website and the relationship between the site visitors and website owner.

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The Terms are an agreement between the website owner and the users of the website; they detail the policies and procedures conducted by the website. In many ways, the Terms provide the website owner the ability to protect themselves from potential legal exposure.

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In addition, there are legal obligations to notify the website users of such activities, and in many cases the Terms are the place to do so.

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Website owner, the offering, and binding of Terms

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This website is owned and operated by Lisa Hutson, Lisa Hutson Fine Art and as, Lisa Hutson Fine Art LLC. These Terms set forth the terms and conditions under which you may use the website and services as offered. This website offers visitors the ability to review and buy original artwork, art prints, products with the owner’s artwork displayed on them, commissioned artwork services and products and, registration and payment for art related classes, services and events. By accessing or using the website, you approve that you have read, understood, and agreed to be bound by these Terms and Conditions. Please see the website owner’s Art Commissions Contract if you are inquiring information for art commissions.

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Who can use this website

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In order to use this website and/or receive services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use the website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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Commercial Terms for customers

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When buying an item, you agree that:

1. You are responsible for reading the full item listing before making a commitment to buy it.

2. You enter into a legally binding contract to purchase an item when you commit to buying an item by completing the check-out payment process.

3. The prices listed for using services for products are listed on the website. The owner reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payment page.

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Return and refund policy

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For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and it will be exchanged or, offered a refund based upon the original payment method. In addition, please note the following:

1. Products can be returned only in the country in which they were originally purchased.

2. The following products are not eligible for returns:

1. Commissioned artwork

 

Retention of right to change offering

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Without prior notice, the availability or changes to products or services may change. Services or products may permanently or temporarily terminate, access to services suspended without liability for any reason, or for no reason. Commissioned artwork is excluded and not subject to this Term. Please review the owner’s Art Commissions Contract, listed on this website.

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Warranties and responsibility for services and products

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Valid warranty claims for purchased products will either be repaired or replaced. If a repair or replacement is not possible or not possible within a reasonable time frame, the customer will be entitled to a full refund upon the prompt return of the product to the website owner.  The website owner will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to the website owner.

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Ownership of intellectual property, copyrights and logos

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The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Lisa Hutson Lisa Hutson Fine Art LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adept, edit or create derivative works thereof.

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Right to suspend or cancel user account

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The website owner may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in the website owner’s sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

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Indemnification

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You agree to indemnify and hold Lisa Hutson, Lisa Hutson Fine Art LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of liability

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To the maximum extent permitted by applicable law, in no event shall Lisa Hutson, Lisa Hutson Fine Art LLC, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Lisa Hutson, Lisa Hutson Fine Art LLC assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies or content; (2) personal injury or property damage, or any nature whatsoever, resulting form your access to or use of this service; (3) and any unauthorized access to or use of secure servers and/or any and all personal information stored therein.

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Right to change and modify Terms

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The owner of this website reserves the right to modify these terms from time to time at their sole discretion. Therefore, you should review this page periodically. When Terms change in a material manner, it will be indicated on the website. Your continued use of the Website or services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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Promotional emails and content

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You agree to receive from time to time, promotional messages and materials from the owner, by mail, email or any other contact from you may provide (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices, notify the owner at any time.

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Preference of law and dispute resolution

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The Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America/Ohio, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Cuyahoga County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Customer support details and contact information

Lisa Hutson

Email: lisahutsonfineart@gmail.com

Phone#: 216-323-4036

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Terms and Conditions effective September 27, 2023