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TERMS AND CONDITIONS
Updated April 2023
PLEASE READ CAREFULLY
Thank you for visiting our website (www.errinwitherspoon.com) (“Website”).
BY USE OF THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE CREATE A LEGAL AGREEMENT AS WELL AS LEGAL OBLIGATIONS TO WHICH YOU ARE BOUND. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE.
This website is operated by Errin Witherspoon Art. Throughout the site, the terms “we”, “us” and “our” refer to Errin Witherspoon Art; any “users” of this website are referred to as “you” or “your“ or “user” or “users” as the context may require; "includes” and “including” means including without limiting the generality of the foregoing; and “use” includes access, viewing or copying, whether in whole or in part. Other terms are defined in various sections where used. The captions and headings are inserted for convenience only, and are not to be used in the interpretation of these terms and conditions of use.
Your use of this website is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.
1. ONLINE STORE TERMS
By agreeing to these Terms, 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 website for any illegal or unauthorized purpose nor may you violate any laws 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 access and use of our website.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that communications (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 our Website, including any images or content, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our website (or any part or content thereof) without notice at any time.
We shall not be liable to you for any modification, price change, suspension or discontinuance of our website or online store.
5. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may 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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. THIRD-PARTY LINKS
Certain content, products and services available may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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 review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. PERSONAL INFORMATION
10. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website 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, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website, including without limitation, pricing information, except as required by law.
11. PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove items offered for indefinite periods of time or cancel such products or services offered at any time, without notice to you.
You expressly agree that your use of, or inability to use our website or service is at your sole risk. The service and all products and services delivered to you through our website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website or any of the service or any products procured using our website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of our website or any services or any product, posted, transmitted, or otherwise made available via our website or services, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and any such determination shall not affect the validity and enforceability of any other remaining provisions.
We reserve the right to terminate our website at anytime without notice.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we have the right and may also terminate your access and cancel any order who may have made through our store at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
16. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of theseTerms).
Any ambiguities in the interpretation of these Terms shall not be construed against us as the drafting party.
17. GOVERNING LAW
This Website and its content are administered by us from our offices in Manitoba, Canada. This Website, these Terms and your use of this website are all governed by the laws of the Province of Manitoba and the laws of Canada as applicable therein, without giving effect to any conflict of laws principles. You agree that all questions and disputes regarding this Website and your use thereof will be decided exclusively by the courts of the Province of Manitoba.
18. CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.
19. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: https://www.errinwitherspoon.com/contact
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