STACY’S ART STUDIO AND GARDENS, IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. This information and the products provided should only be used in conjunction with the guidance and care of your physician. Consult your physician before USING OR taking any PRODUCTS offered on or through the Website. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your skin care health or medical condition.
- Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Company may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
- Orders/Billing. In consideration for the Products you order from Company, you agree to pay the sums listed below at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card. Company’s authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
- Return and Refund Policy. We Guarantee 100% satisfaction with our products or your money back. If at any time you are unsatisfied with our product, you may return any products of any shipment within five (5) days of the post marked delivery date on the package. If all returns requirements are met satisfactory, we will issue a 50% refund of the purchase price (minus shipping/handling charges). You must include a copy of your receipt or a note with your order number, name, address, email address, phone number and reason for returning the product. Original Shipping and handling charges are non-refundable.
- Disclaimer of Warranties. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (D) WILL BE ACCURATE OR RELIABLE. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE 50% OF THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE (MINUS SHIPPING AND HANDLING CHARGES). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN THIRTY (30) DAYS FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS, COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Product Information Disclaimer. The product information provided on the Website is intended only for residents in the United States. The Website and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
- Copyright and Trademarks. All logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Company or their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
7.1. Scope of Use of Copyright and Trademarks. Company maintains the Website for your personal information, education, and communication. You may download material displayed on the Website for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Website for public or commercial purposes, including the text and images, without Company’s written permission. Company makes no representation that the information in the Website is appropriate or available for use in locations outside of the United States, and access to the Website from territories where the content of the Website may be illegal or inappropriate is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- Indemnification. You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
- Binding Arbitration. THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW MEXICO WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS AND CONDITIONS, THE USE OF THE WEBSITE OR THE PRODUCTS SOLD ON THE WEBSITE OR THE BREACH OF THESE TERMS AND CONDITIONS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, Each Party agrees that any and all disputes that may arise out of these terms and conditions or out of each Party’s relationship with the other shall be submitted for resolution to arbitration. In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the appropriate court. If either Party desires arbitration, it agrees to serve written notice of the arbitration with the other Party. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF OUR MARKETING PRODUCTION OR PROJECT RELATED TO US OR ANY OF OUR AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH OUR PRODUCTS OR SERVICES OR OTHER PROJECTS. This provision shall remain in full force and effect notwithstanding any termination of your use of our website.
IF YOU WISH TO VOID THIS BINDING ARIBTRATION PROVISION, YOU MUST NOTIFY US OF YOUR INTENT TO VOID THIS PROVISION WITHIN THIRTY (30) DAYS OF YOUR USE OF OUR WEBSITE. OTHERWISE, YOU WAIVE ANY AND ALL DEFENSES TO THIS SECTION 8, BINDING ARIBTRATION.
- No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This is a material condition to use of our website and purchase of our products.
- Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of our website.
- General Provisions. The Agreement shall be treated as though it were executed and performed in the State of New Mexico and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and us and governs your use of our website and the purchase of our products. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. You may not assign any of your rights under these Terms, and any such attempt will be void.
- Contact Us. If you have any questions about the Agreement or about the practices of Company, please feel free to contact us at stacy@stacysartstudioandgardens