THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH SACRAMENTOART.COM TM OFFER YOU ACCESS TO ITS SERVICES. THE AGREEMENT DESCRIBES YOUR RESPONSIBILITIES AND LIMITS SACRAMENTOART.COM’S LIABILITY, AMONG OTHER THINGS. BEFORE USING SACRAMENTOART.COM’S SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY BUYERS BY SETTING UP AN ACCOUNT ONLINE, AND ADVERTISERS BY SETTING UP AN ACCOUNT ONLINE OR BY SIGNING AND EITHER FAXING, EMAILING OR MAILING THIS AGREEMENT TO SACRAMENTOART.COM IN ITS ENTIRETY, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SACRAMENTOART.COM SITE.
SACRAMENTOART.COM reserves the right, in its sole discretion, to amend or revise this Agreement at any time by posting the amended or revised terms on the SACRAMENTOART.COM site. The amended or revised terms shall automatically be effective, and you agree to be bound by the Agreement as amended or revised immediately after the amended or revised terms are initially posted on SACRAMENTOART.COM site. This Agreement may not be otherwise amended or revised except in writing signed by both parties. This Agreement, in its current form, was posted March 2008.
1. SERVICES AND FEES:
1. A.SACRAMENTOART.COM is a web site for buyers to buy products, art groups, businesses and artists to advertise themselves or their business or group and/or to announce their upcoming events/exhibits.
1. B.SACRAMENTOART.COM may notify its network of users and members of upcoming art shows, contests, art opportunities, call to artists, client’s art needs, charity fundraising with art and other community events and announcements and opportunities as they arise. This is a FREE service offered by SACRAMENTOART.COM to help artist’s, art related businesses and art groups network and build their businesses.
1. C.Sacramentoart.com provides a service for fees.
1. D. A Fees Chart is posted in our Information Section
1. E. Fees are subject to change without notice.
1. F. Current Services offered are listed in the Information section on the SERVICES list on the site.
1. G. SACRAMENTOART.COM reserves the right to add or delete sections and services on the site.
2. Membership:
2. A.SACRAMENTOART.COM ’s services are available only to United States OF AMERICA legal residents who can form legally binding contracts. Services are not available to persons under the age of 18. If you do not qualify, do not use SACRAMENTOART.COM ‘s services. By using SACRAMENTOART.COM ’s services, you are representing that you are a U.S.a. legal resident and can form legally binding contracts. SACRAMENTOART.COM in its sole discretion may refuse or discontinue its services to anyone at any timE.
2. B. USE OF OUR WEB SITE SIGNIFIES YOUR AGREEMENT TO OUR TERMS. You may become a Registered User by filling out the required fields while opening an account in the Customer Service section on the site. You must first truthfully complete all of the information asked for while submitting a Registered Users Application, thus enabling you to buy products or services and/or advertise on SACRAMENTOART.COM. You must provide, including, but not limited to; your real and legal name, valid address, phone number and email address; and in regard to advertising; your legal business name, valid physical and mailing business addresses, business phone and fax numbers and email address. If purchasing items on the site, you must also provide information concerning your valid MasterCard or VISA credit card. You agree to update all information promptly in order to keep it current, complete and accurate. Buyers: If you do not have a credit card, or do not choose to use your credit card, you may mail in your payment for items purchased and you agree to abide by the guideline specified herein of this privilege.
2. C. By becoming a Registered User, you are authorized to use the SACRAMENTOART.COM site solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your password in order to advertise or purchase items through the SACRAMENTOART.COM site or for any other purpose.
2. D. Membership is a privilege granted to you solely by SACRAMENTOART.COM. This site is not for everyone, every business or every group, etc. Applications may or may not be accepted. SACRAMENTOART.COM previews materials prior to displaying on the site. If accepted, your work may be shown on the site. This is a privately owned business and SACRAMENTOART.COM has the final say in, but not limited to, any works shown, content, policies, disputes and or disagreements arising out of the use or attempted use of the site. If you do not agree with SACRAMENTOART.COM’s terms and or policies then do not use the site. All decisions made by SACRAMENTOART.COM regarding anything pertaining to use or attempted use of the site are final. SACRAMENTOART.COM reserves the right TO REFUSE service to anyone.
2. E. Excessive emailing, harassing or spamming of other members is not permitted.
2. F. Members advertising on the site who conduct their business or themselves in a manner that negatively reflects SACRAMENTOART.COM or its affiliates, owner, officers, directors, employees or representatives, the site, advertisers, artists or other members, in any manner what-so-ever and as determined by SACRAMENTOART.COM, will be removed without recourse or refund.
3. Non-Profit Groups, Organizations and Museums:
3. A. Non-profit groups, organizations and museums conducting ART related functions may be listed in the Directory, have a one line link entry on our LINKS page and announce their upcoming Events/Exhibits FREE on SACRAMENTOART.COM, by contacting SACRAMENTOART.COM and completing information on the appropriate form and submitting it to SACRAMENTOART.COM. SACRAMENTOART.COM reserves the right to limit the number of FREE listings displayed on the site. Submissions for FREE advertising will be posted on a space available basis.
4. Products and Services advertised and/or Listed for Sale:
4. A. SACRAMENTOART.COM is for the advertising and selling of new items. With the exception of a Classified section, if implemented, Advertisers may advertise NEW art products and NEW art related products only on Sacramentoart.com. RESALE of used or Resale Art ITEMS IS NOT ALLOWED.
4. B. ARTISTS, YOU MUST BE THE ORIGINAL CREATOR OF THE WORK/PRODUCT YOU ARE SHOWING OR SELLING and
if offering a service you must be the person providing the service.
4. C. IF YOU ARE a Gallery representing artists, each artist works must be juried and approved by SACRAMENTOART.COM PRIOR to ADVERTISING an artists WORKS on the site.
4. D. Anything pertaining to Nudity, adult material, tattoo’s, profanity, pornography, sexually implied
and/or explicit, deviant, demonic or satanic, drug, narcotic, fraudulent, terrorist, anti-American related material is prohibited. Sacramentoart.com SOLELY reserves the right to determine if an item is suitable for the site. No item will be placed online without pre-approval by Sacramentoart.com.
4. E. Sacramentoart.com reserves the right to refuse or accept any product or service for advertisement. All decisions by Sacramentoart.com are final.
4. F. Main Gallery Items: All items for sale in the Main Gallery are being offered by Acrey Art & SacramentoArt.com, Linda Acrey
owner. Other artist works may or may not be offered for sale in the Main Gallery by Acrey Art. Your products may be considered for our Main Gallery by contact Acrey Art directly to submit your application and for details and rates.
4. G. Portfolio Items: Artists, Art Groups, and Art related Businesses, etc. advertising in the PORTFOLIO section may offer items for sale but they are NOT permitted to sell items through our Merchant account. Buyers interested in art advertised on this site may contact the Advertiser directly. All sales of advertised items are OFFLINE, and are NOT a party to SACRAMENTOART.COM who is otherwise not involved in any actual transaction between buyers and sellers because of advertising and or contact through SACRAMENTOART.COM’s website.
4. H. SACRAMENTOART.COM has no control over the quality or safety or legality of the product or services being offered by our
advertisers, or to the truth or accuracy of their listings, products, services and/or of the business and/or artist or their descriptions and disclosures or the ability of Advertisers to sell items or the ability of Buyers to buy items.
4. I. All items purchased on SACRAMENTOART.COM website are in an “AS IS” condition and “in its present physical condition” and WITHOUT WARRANTY unless otherwise expressly stated in writing by the seller-Acrey Art.
5. Online Art Shows:
5. A. Sacramentoart.com may conduct online art shows. Rules and Applications are on the site. Application fees may apply. Applicants agree to comply with our Users Agreement and abide by all rules and regulations for each show. Sacramentoart.com reserves the right to refuse or accept ANY APPLICATION for ITS ONLINE ART show. Sacramentoart.com IS NOT RESPONSIBLE FOR LOST OR MISDIRECTED EMAILS OR FILES SUBMITTED BY APPLICANTS. JUDGING FOR SHOWS IS CONDUCTED BY SACRAMENTOART.COM AND ALL DECISIONS ARE FINAL.
6. Shipping:
6. A. Buyer pays shipping on all Postcard and bulk Note Card products. U.S. Postal Standard Shipping within the Continental United States is free on selected items. See each items description for details and/or customer service check out. SACRAMENTOART.COM ships to the U.S.A. ONLY.
7. The 24-hour Guarantee on non-custom orders:
7. A. SACRAMENTOART.COM wants users to have a satisfying buying experience. With the exception of custom orders, to guarantee the buyer’s satisfaction with SACRAMENTOART.COM’s policy, the buyer may receive a refund of the purchase price less a 15% re-stocking fee, if he or she is not satisfied with the product and notifies SACRAMENTOART.COM within 24 hours of receipt of the item. Notification must be provided to SACRAMENTOART.COM by completing a claim form accessible by emailing a request for the Refund Form to: office@SACRAMENTOART.COM.
7. B. Buyer and Seller Acrey Art agree to the terms and conditions of SACRAMENTOART.COM’s 24-hour Guarantee on non-custom orders. If the Buyer is not satisfied with the order and notifies Sacramentoart.com within the allotted 24 hour time frame, Seller Acrey Art agrees to accept the return and the buyer is charged a 15% restocking fee. Buyer assumes responsibility for the return shipping charges. No response on behalf of the buyer to SACRAMENTOART.COM within the 24-hour time limit constitutes a received and accepted acknowledgement by the buyer. AFTER WHICH, NO RETURNS, ETC., REFUNDS OR CREDITS TO CREDIT CARD COMPANIES WILL BE ISSUED by SACRAMENTOART.COM AND ALL SALES ARE FINAL. SACRAMENTOART.COM reserves the right to make final determination as to the validity and disposition of a claim requested under this Guarantee policy.
7. C. Custom Orders are not refundable unless otherwise stated in writing in the product description by the Seller-Acrey Art. After The 24-hour Guarantee on non-custom Orders. Buyer is to contact Seller Acrey Art directly for any returns; warranties implied or expressed; and/or exchanges if offered.
8. Buying:
8. A. Buyers must be a Registered User.
8. B. As a buyer, you choose the item from The MAIN Gallery you wish to purchase online. You will automatically be bound to consummate the transaction with the Seller Acrey Art. According to the method of payment you choose as you purchase an item on SACRAMENTOART.COM, you will have a choice of mailing in the total payment by a check or United States Postal Money Order or a cashier’s check drawn on a United States Bank OR your credit card will be charged in an amount equal to the price posted on SACRAMENTOART.COM of the product you have agreed to purchase plus applicable sales tax and shipping.
8. C. Notice of Cancellation: You have three business days to cancel an order in excess of $25.00. You may CANCEL a transaction, without penalty or obligation, within THREE BUSINESS DAYS from the date of your order. If you cancel, any property traded in, any payments made by you under the contract of sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by SACRAMENTOART.COM of your cancellation notice, and any security interest arising out of the transaction will be canceled. In the unlikely hood that you have received the product within the THREE BUSINESS DAYS, if you cancel you must make it available to the Seller-Acrey Art by mailing back, in substantially as good as condition as when received, any product you have received and by using the same mail provider as received at your expense. If you fail to make the goods available to the Seller-Acrey Art, or if you agree to return the goods to the Seller-Acrey Art and fail to do so, then you remain liable for the performance of all obligations under the contract.
8. D. You may not change an order once you have authorized it.
8. E. Returns are subject to a 15% restocking fee. Buyer agrees to pay any restocking fee incurred.
8. F. Any abuse of this system is grounds for expulsion without refund.
8. G. Buyers must have a credit card to purchase or Buyers may mail in a check, United States Postal money order, or a cashier’s check drawn on a United States of America bank. No Temporary checks allowed. Imprinted checks with the buyers legal contact information are permitted. All personal and business checks must clear the Buyer’s bank before the product purchased will be shipped. SACRAMENTOART.COM will hold the order for payment for a period of 7 days. If the Payment is not received within the 7-day period, the item will be placed back on the site for sale. Buyer will receive a sacramentoart.com negative rating. Buyer will loose the privilege of sending in payment by check, money order or cashier’s check and all future purchases on SACRAMENTOART.COM will require buyer to use a valid credit card.
8. H. On items where Free Shipping is offered, Buyers have the option of upgrading the shipping service by paying an additional fee for 2nd Day Air or Postal Priority Mail by so indicating when placing an order. Buyer agrees to pay these extra shipping costs if they request them.
8. I. Buyer agrees to comply with SACRAMENTOART.COM’s 24-hour Guarantee Policy.
8. J. Buyer understands that SACRAMENTOART.COM is NOT a party to any offline purchase of any goods shown or advertised on this site. Buyers beware. SACRAMENTOART.COM will NOT be held liable for offline sales and/ or transactions.
8. K. With respect to persons who attempt to commit fraud or otherwise misuse SACRAMENTOART.COM’s site or services, you further agree that SACRAMENTOART.COM, in addition to all other remedies available to it, may charge your credit card or your SACRAMENTOART.COM account a service fee of up to $100.
9. Representations of Buyer: Buyer using SACRAMENTOART.COM’s site represents that he or she:
9. A. understands and will abide by the terms of this Agreement; and
9. B. intends to purchase the product chosen; and
9. C. has adequate funds available under the valid, un-expired MasterCard or Visa credit card or, if writing a check, has adequate funds available in his or her bank account to purchase the product and pay for any applicable shipping charges & sales tax; and
9. D. will not engage in any fraudulent, speculative, deceptive or manipulative act or practice, including, but not limited to, purchasing in bad faith, or otherwise misuse the SACRAMENTOART.COM site or SACRAMENTOART.COM ’s services in any manner whatsoever; and
9. E. understands that any abuse of this system is grounds for expulsion without refund; and
9. F. has sole responsibility for verifying that the product meets his or her satisfaction; and
9. G. will maintain the confidentiality of his or her user name and password; and
9. H. understands and agrees that the products purchased or sold through the SACRAMENTOART.COM site are new unless otherwise represented, that SACRAMENTOART.COM has not inspected, verified and has no control over the quality, safety, working condition, or other information that may pertain to any products including, but not limited to: whether they are subject to any manufacturer or dealer recall; and that SACRAMENTOART.COM does not control and does not know whether the Advertiser has truthfully and accurately described the product subject to his or her offer to sell or that such product meets the criteria of the Buyer; and
9. I. understands that all returns are subject to a 15% restocking fee; and
9. J. understands and acknowledges that certain products may present special safety issues including, but not limited to; sculptures, glass, metal, paint, glazes, finishes, fixatives, preservatives, etc., and other items, products & materials etc.; or environmental; or operational issues, that he or she is acquiring such products with full knowledge of these issues and related risks, and that SACRAMENTOART.COM bears no responsibility for any injuries, damages or other problems associated with the products purchased or sold through the SACRAMENTOART.COM site; and
9. K. recognizes that any errors contained in the buyer’s purchase are solely the responsibility of the buyer and that, unless cancelled within 3 business days of purchase date such errors do not excuse the buyer’s obligation to consummate a transaction on the terms stated and/or agreed; and
9. L. understands and agrees that SACRAMENTOART.COM will forward, on behalf of the buyer, the buyer’s name, address and e-mail address to our suppliers for items shipped by third parties for all transactions involving shippable items.
10. Selling: Other than, the items offered in the Main Gallery by Acrey Art & SacramentoArt.com artist Linda Acrey, OWNER, there is NO selling permitted by other parties on the site. Your products may be considered for our Main Gallery by contact Acrey Art directly to submit your application and for details and rates.
11. Advertisers:
11. A. You must be a registered user to advertise on SACRAMENTOART.COM. Advertisers registered by; submitting an Ad form to SACRAMENTOART.COM; signing this agreement and signing separate appropriate contracts and/or forms for advertising on the site and paying the appropriate fees.
11. B. SACRAMENTOART.COM will assign you an Advertisers number. You will use this number on all files you submit files and correspondence with SACRAMENTOART.COM.
11. C. Advertisers on SACRAMENTOART.COM may choose to place an ad via Link, Display or Banner ads, Featured Artist, Featured Business, Portfolio, Directory or by any added feature SACRAMENTOART.COM may provide. Advertisers are paying for an ad service. Unless otherwise stipulated in writing and signed by both parties, ads designed by SACRAMENTOART.COM are the sole property of SACRAMENTOART.COM. Unless otherwise agreed in writing, Advertisers are on a monthly contract and late payments are subject to an interest charge as outlined in their separate contracts. No ad will be placed online without prior approval by sacramentoart.com for content and without the agreed pre-payment. You authorize SACRAMENTOART.COM to charge your credit card at any time for all fees due because of using the SACRAMENTOART.COM ad service. SACRAMENTOART.COM reserves the right to make debits and credits to the advertiser’s credit card account.
11. D. SACRAMENTOART.COM IS NOT A PARTY TO ANY OFFLINE SALES GENERATED BY ADVERTISEMENTS PLACED ON THE SITE.
11. E. Unless agreed elsewhere in writing by both parties, all web development for any advertising on SACRAMENTOART.COM is the sole property of SACRAMENTOART.COM and the fees you pay are solely for the service, development, placement and maintenance of the advertising on the site.
12. Representations of the Advertiser:
12. A. Advertisers agree that he or she understands and will abide by the terms of this Agreement; and
12. B. that he or she will maintain the confidentiality of his or her user name or password; and
12. C. understands that any abuse of this system is grounds for expulsion without refund; and
12. D. that he or she will not engage in any fraudulent, speculative or manipulative act or practice, including making offers to sell or buy in bad faith, false advertising or otherwise misuse the SACRAMENTOART.COM site or SACRAMENTOART.COM ’s services in any manner; and
12. E. the information provided to SACRAMENTOART.COM for advertising is truthful to the best of your knowledge.
12. F. that the product advertised is new and has all of its parts; and
12. G. that the product advertised is merchantable, is lawful to sell, is not in a dangerous condition, and that he or she has not received any recall notice pertaining to the product; and
12. H. that he or she has sole good title to the product being advertised, that the product has not been stolen or acquired by improper or illegal means; and
12. I. that he or she will disclose any pertinent information about the product to the Buyer as required by law; and
12. J. that the description of the product in the offer to sell is accurate and truthful; and
12. K. that he or she understands and will abide by the terms of this Agreement; and
12. L. that he or she acknowledges and agrees that SACRAMENTOART.COM serves solely as a provider of an advertising service
13. General Information:
13. A. Returned Checks: An Administrative Fee is charged on returned checks. See Fees Chart for current amount charged. Returned checks will result in the maker's expulsion from using SACRAMENTOART.COM. All decisions regarding this matter are at the sole discretion of SACRAMENTOART.COM
13. B. Closed Transaction: A closed transaction is one in which a buyer has completed the sale by charging the item to their credit card or mailing in payment. The check, money order or credit card funds have been transferred into SACRAMENTOART.COM’S bank account from the buyer’s bank account, or from a U. S. Postal money order, cashier’s check or from MasterCard or Visa; the Seller-Acrey Art has shipped the item; the buyer has received and accepted the item; the 24-hour guarantee period has passed.
13. C. Fees Chart and Payment Terms: Visit the FEES CHART page for SACRAMENTOART.COM’s current Fee Chart and Payment Terms, which are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. dollars. The Fee Chart and Payment Terms may vary in the future. The Fee Chart and Payment Terms in effect on the date of purchase/sale is submitted shall govern the transaction. The Fees Chart is posted on SACRAMENTOART.COM’s Forms pages. You agree to check the current Fees CHART and Payment Terms for current rates each time you submit an advertisement or buy a product. You authorize SACRAMENTOART.COM to charge your credit card at any time for all fees due because of using SACRAMENTOART.COM services. SACRAMENTOART.COM reserves the right to make applicable debits and credits to your credit card account.
13. D. Section Headings. The section titles of this Agreement are for convenience only and have no legal or contractual effect.
13. E. Disputes among Buyers and Sellers. Because SACRAMENTOART.COM provides a service only, you agree that SACRAMENTOART.COM will not be a party to any litigation between participants related to or arising out of any transaction resulting from any offline sales made through contacts made on SACRAMENTOART.COM.
13. F. Indemnification. You agree to indemnify and hold SACRAMENTOART.COM, and its affiliates, owner, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, arising out of or relating to (a) your violation of this Agreement, (c) any alleged wrongdoing on your part with respect to the purchase or sale of goods through SACRAMENTOART.COM ’s site or with respect to SACRAMENTOART.COM ’s services and (b) any fraud, manipulation, deception or misrepresentation by you (d) any injuries to third parties in any way connected with SACRAMENTOART.COM ’s services or the products purchased or sold through the SACRAMENTOART.COM site.
13. G. Assignment. You may not assign this Agreement or any of your rights hereunder to a third person without first obtaining SACRAMENTOART.COM’s express written consent.
13. H. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of SACRAMENTOART.COM’s site and/or services and your purchase of items, or your offer to sell and sale of items.
13. I. No Agency. You and SACRAMENTOART.COM are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
13. J. User Feedback, Comments and Other Submissions; Certain Licenses. All feedback, comments, suggestions, correspondences, ideas and other materials and content disclosed, submitted or offered to SACRAMENTOART.COM or in connection with your use of the SACRAMENTOART.COM site including, but not limited to, all intellectual property and proprietary rights therein and thereto; collectively, including material provided “Comments” and/or information sent through the use of the “Contact Us" page or any other correspondences; shall be the exclusive property of SACRAMENTOART.COM and may be used or not used, in part or in whole with or without other elements by SACRAMENTOART.COM or its designees in its sole discretion in any medium and for any purpose worldwide without obtaining your specific consent. The use of your material provided Comments could be made on the SACRAMENTOART.COM site, in radio, television and print advertisements. Your first name, the first initial of your last name and the town in which you live as identified in the material provided Comment might be used with any material provided Comments you elect to submit. SACRAMENTOART.COM is under no obligation to maintain your material provided Comments in confidence, to pay to you any compensation or other consideration for any material provided Comments submitted or to respond to any of your material provided Comments. You agree that you will be solely responsible for the content of any material provided Comments you make. Please note that you are not required to furnish material provided Comments to us, and that if you do you are doing so voluntarily. Your material provided Comments would not be false, misleading or defamatory. By entering into this Agreement, you also grant SACRAMENTOART.COM a non-exclusive, world-wide, royalty-free, irrevocable right to exercise all rights over the material provided Comments, including, but not limited to, without limitation rights of publicity and copyrights, or the information displayed or contained in your offer to buy or offer to sell, in any existing or future media, known or unknown, now or at any later date.
13. K. Copyright. You acknowledge that all content and other elements included on the SACRAMENTOART.COM site and/or used in connection with the SACRAMENTOART.COM site, including but not limited to; logos, art, icons, information, data, software, licensed software, text, graphics, music, photographs, graphs, video, typeface, sound, images, illustrations, designs and other material, are the property of SACRAMENTOART.COM its content suppliers and is protected by copyright laws. The compilation; such as the collection, arrangement and assembly; of all content on the SACRAMENTOART.COM site is the exclusive property of SACRAMENTOART.COM or its content suppliers and is protected by copyright laws. The content, licensed software and software on the SACRAMENTOART.COM site may be used only for purposes of buying or selling products as permitted by this Agreement. Any other use, including the reproduction, distribution, transmission, modification, republication, display or performance of the content on the SACRAMENTOART.COM site is strictly prohibited.
13. L. Trademarks.
13. L-1.The use of any name, trademark, service mark, trade-name, logo, symbol or other proprietary designation or marking of or belonging to any manufacturer or dealer of products available on the SACRAMENTOART.COM site should not be construed as an endorsement or sponsorship of the SACRAMENTOART.COM site by any such manufacturer or dealer, or the participation by any such manufacturer or dealer in the offering of goods or information through the SACRAMENTOART.COM site
13. L-2. SACRAMENTOART.COM ™ AND ACREY ART™ ARE TRADEMARK NAMES. UNAUTHORIZED USE IS FORBIDDEN.
13. M. Exclusion of Various Warranties. Except to the extent specifically set forth in paragraph 7 (a-c) (concerning the 24 hour guarantee), SACRAMENTOART.COM ’S SERVICES AND INFORMATION, ALL PRODUCTS AVAILABLE THROUGH THE SACRAMENTOART.COM SITE AND ALL THIRD-PARTY PROVIDER PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SACRAMENTOART.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO:
13. M-1. SACRAMENTOART.COM MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND
13. M-2. SACRAMENTOART.COM DOES NOT WARRANT THAT THE PRODUCTS, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SACRAMENTOART.COM SITE WILL BE AS REPRESENTED BY BUYERS, ADVERTISERS OR THIRD-PARTY PROVIDERS, THAT THE PRODUCTS WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, THAT PRODUCTS PURCHASED OR SOLD WILL BE SATISFACTORY, OR THAT BUYERS, ADVERTISERS OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; AND
13. M-3. SACRAMENTOART.COM MAKES NO WARRANTIES THAT SACRAMENTOART.COM ’S SITE OR SERVICES, OR THE PRODUCTS AVAILABLE THROUGH THE SACRAMENTOART.COM, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ACCESSIBLE, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. NOR DOES SACRAMENTOART.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SACRAMENTOART.COM SITE OR SERVICE; AND
13. M-4. SacramentoArt.com does not endorse, recommend or represent any product or service on other sites via the use of our Link AND OR Display link Ads, PORTFOLIO’S or via OFFLINE SALES OF PRODUCTS OR SERVICES OFFERED BY OUR ADVERTISERS OR VIA you CONTACTING ADVERTISERS DIRECTLY. SacramentoArt.com is not responsible for advertisements, products, services or business practices of others, etc. on SACRAMENTOART.COM OR other sites through our ADS, PORTFOLIO’S AND links; AND
13. M-5. SACRAMENTOART.COM MAKES NO WARRANTY REGARDING THE PERFORMANCE OR NON-PERFORMANCE OF THE SACRAMENTOART.COM SITE IN ANY WAY CONNECTED TO OR AS A CONSEQUENCE OF THE PASSAGE OF TIME TO THE YEAR 2000 and beyond; AND
13. M-6. SACRAMENTOART.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
13. M-7. SACRAMENTOART.COM EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF SACRAMENTOART.COM. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph N-3. below, do not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
13. N. Limit of Liability:
13. N-1. Limited Liability with Respect to Products. UNDER NO CIRCUMSTANCES WILL SACRAMENTOART.COM OR ITS AFFILIATES, OWNER, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS PURCHASED OR SOLD UTILIZING SACRAMENTOART.COM ’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE AS TO SACRAMENTOART.COM WITH RESPECT TO PRODUCTS IS FOR THE REGISTERED USER TO EXERCISE HIS OR HER RIGHTS UNDER THE 24 HOUR GUARANTEE.
13. N-2. Limited Liability for SACRAMENTOART.COM’s Services and Site. UNDER NO CIRCUMSTANCES WILL SACRAMENTOART.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT, SACRAMENTOART.COM ’S SITE OR SACRAMENTOART.COM’S SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. SACRAMENTOART.COM’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE FEE CHARGED TO THE REGISTERED USER BY SACRAMENTOART.COM IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, $100.
13. N-3. Caveat. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 13.O below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
13. O. Governing Law: The SACRAMENTOART.COM site is operated by SACRAMENTOART.COM a business formed under the laws of the State of California. Those who choose to access the SACRAMENTOART.COM site, or utilize SACRAMENTOART.COM’s services, do so by their own initiative with the knowledge that they are doing business with a California business. This Agreement, and all aspects of the relationship and dealings between you and SACRAMENTOART.COM, shall be governed by the laws of the State of California without regard to its conflict of law provisions, i.e., as it is applied to agreements, relationships or dealings entered into and performed entirely within the State of California. If you are unwilling to have California law applied, do not use the SACRAMENTOART.COM site. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severing and shall not affect the validity and enforceability of any remaining provisions.
13. P. SacramentoArt.com will provide its best efforts on behalf of all advertisers to provide a fully functional online website. SacramentoArt.com is nEITHER responsible, nor liable for any offline nor lost revenues from downtime created by connectivity problems beyond the control of SacramentoArt.com.
13. Q. Complete Agreement. This Agreement, and the materials expressly incorporated herein by reference, constitutes the full and complete agreement between you and SACRAMENTOART.COM. You and SACRAMENTOART.COM have not relied upon any representations, promises, statements or undertaking other than those set forth herein. Modifications to this agreement must be in writing. No oral modifications to this Agreement are permitted or valid.
13. R. Jurisdiction. Any lawsuit arising between you and SACRAMENTOART.COM pertaining to this Agreement, SACRAMENTOART.COM’s site or SACRAMENTOART.COM’s services shall be brought exclusively in either the state or federal courts of the State of California. You and SACRAMENTOART.COM expressly consent to the exclusive personal jurisdiction of such courts.
13. S. Termination: In its sole discretion, SACRAMENTOART.COM may terminate this Agreement, your membership, access to the SACRAMENTOART.COM site or its services and products or any of your offers to buy, or your advertisements, immediately and without notice for any reason. All decisions by SACRAMENTOART.COM regarding it are final and with no recourse.
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