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Terms of Use

Please read this disclaimer carefully before using this website. By using this site, you agree to these terms.

By use of this web site, you agree to the following:

AGE OF USERS
If you are younger than 13 years old, you must have permission from your parent or guardian to use this website and you must not submit ANY information at all on this website.

LINKS TO OTHER WEBSITES
This website may contain links to other websites, and CarylAlys.com, of course, is not responsible for the privacy policies/practices or content of any site not owned by Caryl Alys Fine Art.

SERVER LOGS
When you visit this website, and most other websites, the computer that hosts the website automatically logs items such as the IP Address that your ISP has assigned to you, the date and time you visited, the pages or other resources, such as images or documents, you accessed or downloaded, the type of browser you are using, and the referrer address (the site you were on before coming to this site) which may, in the case of a search engine, for instance, also contain the search terms you used to find this site on the search engine.

By use of this website, you consent to having your use of this website, as described above, logged.

DISCLAIMER OF WARRANTIES
EXCEPT AS LIMITED BY APPLICABLE LAW, ALL MATERIALS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

CARYL ALYS FINE ART DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. CARYL ALYS FINE ART DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEB SITE IS SOLELY AT YOUR RISK.

LIMITATION OF LIABILITY
EXCEPT AS LIMITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CARYL ALYS FINE ART, ITS OWNERS, MEMBERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LICENSORS, AGENTS, AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM:

  • THE USE OF, OR INABILITY TO USE, THE WEB SITE
  • THE DISCLOSURE OF, OR CORRUPTION, OR ERASURE OF, DATA TRANSMITTED OR RECEIVED OR STORED ON ANY HOST SERVER ASSOCIATED WITH THE WEB SITE, INCLUDING CREDIT CARD OR OTHER FINANCIAL TRANSACTIONS.
  • THE USE OF ANY OTHER MATERIALS OR SERVICES PROVIDED, OR PROMISED TO BE PROVIDED.
  • ANY OTHER ACTIVITIES ASSOCIATED WITH THE CREATION OR USE OF THIS WEB SITE.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CARYL ALYS FINE ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING THE ABOVE, EXCLUSIVE REMEDIES FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE, AND WHICH ARE DIRECTLY RELATED TO THE USE OF THIS WEBSITE OR ANY PRODUCT PURCHASED, SHALL NOT EXCEED THE EXACT DOLLAR AMOUNT OF FEES, IF ANY, PAID TO CARYL ALYS FINE ART OR ANY THIRD PARTY PAYMENT PROCESSOR WORKING ON BEHALF OF CARYL ALYS FINE ART.

INDEMNIFICATION
EXCEPT AS LIMITED BY APPLICABLE LAW, UPON REQUEST BY CARYL ALYS FINE ART, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CARYL ALYS FINE ART, ITS OWNERS, MEMBERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LISCENSORS, AGENTS, OR OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM THE CREATION OR USE OF THIS WEB SITE.

CARYL ALYS FINE ART RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH CARYL ALYS FINE ART IN ASSERTING ANY AVAILABLE DEFENSES.

CHOICE OF LAW AND FORUM
This AGREEMENT shall governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction, for any claim or action arising out of or relating to goods or services provided under or in relation to this AGREEMENT, shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY
If any part of this AGREEMENT is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

This agreement may be changed without notice. The user agrees to be bound by the current version of this document.