Terms and Conditions of Use Agreement

 

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This web site is maintained as a service to my customers, and by using my site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

 

1.    Copyright- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

 

2.    Limited Right to Use- The viewing, printing or downloading of any content, graphic, form or document from this site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

 

3.    Editing, Deleting and Modification- We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on this site, including this Agreement, without further notice to users of this site.

 

4.    Indemnification- You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of this site. 

 

5.    Non-transferable- Your right to use this site is non-transferable. Any password or right given to you to obtain information or documents is non-transferable and may only be used by you.

 

6.    Disclaimer- THE INFORMATION FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

7.    Limits- All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. I WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE MY SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

 

8.    Payments- You represent and warrant that if you are purchasing something from PruddyGurl Exclusives that (1) any credit card information you supply is true, correct 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 shipping fees and applicable taxes.

 

9.   Website Links- This site contains links to other web sites. PruddyGurl Exclusives (chopstick art) is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by PruddyGurl Exclusives. Inclusion of any linked web site on this site does not imply approval or endorsement of the linked web site by PruddyGurl Exclusives. If you decide to leave this site and access these third-party sites, you do so at your own risk.

 

10.   YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THIS SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SCHOHARIE COUNTY,  NEW YORK, OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTHERN NEW YORK. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT ESPERANCE, NEW YORK  OR THE DISTRICT OF NORTHERN NEW YORK, 19TH DISTRICT, IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.

This site is created and controlled by Pruddygurl Exclusives,  in the State of NEW YORK, USA. As such, the laws of NEW YORK will govern the terms and conditions contained in this Agreement and elsewhere throughout this site, without giving effect to any principles of conflicts of laws.

 

11. ***PLEASE NOTE- NO CANVAS ORIGINAL WILL BE REPRODUCED AS A PRINT UNLESS STATED PRIOR TO CUSTOMER PURCHASE OR/AND WITHOUT WRITTEN CONSENT FROM 'PRUDDYGURL EXCLUSIVES.'