Terms and Conditions for the Online Sale of Goods and Services

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. [YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ILLUSTRATIVE EXCELLENCE BY JARRED, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products [www.jcoreyart.com] (the "Site"). These Terms are subject to change by [Illustrative Excellence by Jarred LLC] (referred to as the “Company,” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

2. Order, ACCEPTANCE, Cancellation, and Delivery

2.1 You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion.

2.2 All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We reserve the right to charge the cost of shipping and handling separately. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

3.Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept approved payment methods for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company and/or financial institution, and (iv) you will pay charges incurred by you at the posted prices, including and in addition to shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4.We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are solely and exclusively responsible for any inaccurate or incomplete information entered with regard to your Order.


5.All sales are final. All payments for products are non-refundable and deemed earned upon receipt. We HEREBY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.


3. USE OF THE WEBSITE

3.1 Availability and Accuracy
While we make reasonable efforts to ensure the accuracy and availability of the information on the Website, we do not warrant its completeness, accuracy, or availability. The images of our art on the Website are for illustrative purposes only and may not accurately reflect the color or details of the artworks. Please note that actual colors and sizes may vary slightly from the images displayed on the Website.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership
All copyright, trademarks, database rights, and other intellectual property rights in the Website and/or published thereon and its marketing materials are owned by Illustrative Excellence by Jarred LLC, its licensors, or relevant third-party content providers.

4.2 Limited Use
You may use the information on the Website and reproduce it in hard copy for your personal reference only. However, you may not reproduce, distribute, store in a data retrieval system, transmit, or otherwise exploit the information without our prior written permission.

4.3 Prohibited Actions: Without our express consent, you must not:
- Republish material from the Website, including on another website.
- Sell, rent, or otherwise sublicense material on the Website.
- Reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose.
- Edit or modify any material on the Website.
- Redistribute material from the Website, except for content specifically made available for redistribution. Such redistribution may only be done within your business or to your clients for presentation purposes and with our explicit written consent prior to distribution.

5. LIMITATION OF LIABILITY

5.1 Disclaimer
Our website and its content are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our website or the accuracy, completeness, or reliability of any content.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY [, FOR ANY REASON,] AND YOUR SOLE AND EXCLUSIVE REMEDY [FOR ANY CAUSE WHATSOEVER,] SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. BY PURCHASING ANY PRODUCT FROM THIS SITE YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO SEEK EXPONENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN LAW OR EQUITY.

5.2 Exclusion of Liability
To the maximum extent permitted by law, we exclude all liability for any loss or damage, whether direct, indirect, or consequential, arising out of or in connection with your use of the Website or services provided through the Website. This includes, but is not limited to, any direct, indirect, or consequential loss or damage, loss of data, income, profit, loss of or damage to property, and claims of third parties.


7. PROHIBITED USE OF THE WEBSITE

7.1 Damage or Impairment
You must not use the Website in any way that causes or may cause damage to the Website or impairs its availability or accessibility.

7.2 Unlawful or Harmful Use
You must not use the Website for any unlawful, illegal, fraudulent, or harmful purpose or activity. This includes using the Website in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

7.3 Marketing
You must not use the Website for any purposes related to marketing without our express written consent.

7.4 Mass Mailings or Spam
You must not use the Website to copy, publish, or send mass mailings or spam.

7.5 Illegal or Unlawful Material
You must not use the Website to copy, publish, or send material that is illegal or unlawful or could give rise to legal action under applicable law.

7.6 Content Restrictions
Any material you copy, publish, or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory, or inflammatory. It must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime. Additionally, the material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, or menacing.

7.7 Right to Edit or Remove Material
We reserve the right to edit or remove any material posted on the Website. We may take appropriate actions, including suspending or canceling your account, restricting your access to the Website, or commencing legal proceedings, to address the posting of unsuitable material.

8. PRIVACY POLICY

We handle your personal information in accordance with our Privacy Policy. Please read our Privacy Policy to understand how we use and protect your personal information.

This Privacy Policy describes how we collect, use, and share information when you visit or make a purchase from our website Site. We respect your privacy and are committed to protecting your personal information.

Information We Collect:

• Personal Information: When you make a purchase or sign up for our services, we collect certain personal information such as your name, email address, billing/shipping address, and payment information.

• Usage Data: In addition to personal information, we may also collect non-personal information through the use of cookies and similar technologies. This may include your IP address, browser type, operating system, and other technical information about your device.

How We Use Your Information:

• Order Processing: We use your personal information to process your orders, communicate with you, and fulfill your purchases.

• Improving Our Services: We may use the information we collect to analyze trends, improve our website, and tailor our offerings to better meet your needs.

• Marketing Communications: With your consent, we may send you promotional emails about new products or special offers. You can opt-out of these communications at any time.

Data Sharing:

• Third-Party Service Providers: We may engage third-party service providers to assist us in operating our website and providing services to you. These trusted partners may have access to your personal information but only to the extent necessary to perform their services.

• Legal Compliance: We may disclose your personal information to comply with applicable laws, regulations, or legal processes, or in response to a valid request by a governmental authority.

Data Security: We take reasonable measures to ensure the security of your personal information. However, please note that no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

Cookies: We use cookies on our website to enhance your user experience and provide personalized features. By using our website, you consent to the use of these cookies.

Your Rights: You have the right to access, correct, or delete your personal information, as well as the right to object to, restrict, or request the transfer of your information. Please contact us using the information provided below to exercise these rights.

Children's Privacy: Our website is not intended for individuals under the age of 13. We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child without parental consent, we will take immediate steps to delete it.

Updates to this Policy: We may update our Privacy Policy from time to time. Please check this page periodically for any changes. The updated Privacy Policy will be effective as of the date indicated at the top of the policy.

9. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10. GENERAL PROVISIONS

10.1 Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.

10.2 Waiver
Our failure to enforce any rights or provisions of these Terms shall not be considered a waiver of those rights. Any waiver must be in writing and signed by all parties.

10.3 Governing Law and Jurisdiction
If you are a business, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Florida. Both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.

10.4 Entire Agreement
These Terms, along with any referenced documents, constitute the entire understanding between the parties and supersede all prior discussions, negotiations, agreements, and understandings, whether oral or written.

10.5 Written Modification
No change or modification of these Terms (including change orders) shall be valid unless it is in writing and signed by all parties.

10.6 Third-Party Rights
These Terms do not confer any rights on third parties who are not party to these Terms.