Terms of Service

OVERVIEW

This website theresa-edwards.com (“Site”) is operated by Theresa Edwards, referred to by the terms “we”, “us” and “our”. Theresa Edwards offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You will not interfere with the proper operation of the website through the use of any virus, worm, information collection or transmission mechanism, software or code of a destructive nature.

You will not access or attempt to gain access to any data, files, or passwords related to the website through hacking or any other means.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

UPDATES TO TERMS OF SERVICE

We reserve the right to update, change or replace any part of these Terms of Service, without notice, by posting on this website. Check this page periodically for changes. Your continued use of or access to the Site constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or its contents without express written permission by us.

You may not reproduce, duplicate, copy, modify, create derivative works from, reverse engineer, sell or otherwise exploit the Site or any products, product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content (“Site Content”) for any purpose, except as expressly provided;

You may not use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);

You may not use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;

You may not engage in any activity that interferes with the Site or another user’s information or use of the website;

You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the website; or

You may not assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.

You acknowledge that:

  • The Site Content, materials and other components (including but not limited to images, logos, graphics, button icons and page headers) available on the Site are the property of Theresa Edwards and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
  • If you give us feedback regarding the Site and/or products included within the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you.
  • We reserve all rights in and to the Site unless we expressly state otherwise.
  • We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders at our sole discretion.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You represent that all of the information, data and other materials you provide on the Site or to Theresa Edwards through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on the Site, as appropriate.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

PERSONAL INFORMATION

Personal information submitted through the Site is governed by our Privacy Policy. By using this website you acknowledge your acceptance of our Privacy Policy and Terms of Service.

View our Privacy Policy.

We may obtain personal information about you from various sources, including the Site, when you call or email us or communicate with us through social media. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties.

The types of personal information we may obtain include:

  • Your contact information (such as name, social media handles (including but not limited to: Instagram, Facebook and Pinterest), postal and email addresses, or phone number)
  • Shipping information (including shipping address and phone number)
  • Demographic information (such as age range and gender)
  • Information you provide by interacting with us through social media, including photographs
  • Location information, such as the real-time geographic location of the device on which you install our mobile applications
  • Shopping behavior and preferences, and a record of the purchases you make on our websites
  • Other details that you may submit to us or that may be included in the information provided to us by third parties
MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may have limited quantities, be available exclusively online, or be custom/made-to-order (such as printed products or commissioned paintings).

To see which products are subject to return, read our Returns Policy.

For details about custom artwork, see Commissions Policy.

We have made every effort to describe and display the products and services offered through the Site as accurately as possible. However, we do not warrant that these descriptions or other content of the website are absolutely accurate, complete, reliable, current or error-free. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, including your email address, so we may contact you as needed.

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, re-sellers or distributors.

THIRD-PARTY LINKS

Links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for the goods, services, resources or content on those third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before engaging in any transaction.

INDEPENDENT AND THIRD PARTY VENDORS

Independent vendors supply some of the goods advertised on the Site and in some cases, drop ship them directly to the customer. Independent Vendors are solely responsible for the content of the goods that they sell through the Site.

Art prints and other printed products sold through the Site are fulfilled by third party vendors.

The items purchased from our Site are shipped by a third party carrier, pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

Theresa Edwards is not affiliated with websites or third parties that sell or advertise our products or the Site. Theresa Edwards reserves the right to void all service, return, and other policies for orders and our products that were purchased through unauthorized sellers or sellers that violate our policies. Theresa Edwards is not responsible for any representations by third party vendors.

ORDER ACCEPTANCE; PAYMENT PROCESSING

We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).

You acknowledge that payment for your order will be processed upon submission of your order through the Site.

In the event of a pricing error on our website, Theresa Edwards reserves the right to cancel any orders resulting from such pricing errors.

RETURNS POLICY

View our Returns Policy here.

ASSIGNMENTS; THIRD PARTY BENEFICIARIES

You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Theresa Edwards, which may be withheld in our sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void.

Theresa Edwards may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.

FORCE MAJEURE

Theresa Edwards shall be excused from performance under these Terms and Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Theresa Edwards.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You agree that we may share, edit, copy, publish, distribute, translate and otherwise use in any medium any public comments that you posted, without compensation to you.

We reserve the right to edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service, and to deny you access to the web site.

ERRORS, INACCURACIES AND OMISSIONS

If the Site contains errors, inaccuracies or omissions that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability, we reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related site, including without limitation, pricing information, except as required by law.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

INTELLECTUAL PROPERTY, COPYRIGHTS AND TRADEMARKS

All content including, but not limited to artwork, products, text, images, videos, guides, articles, documents, the appearance of the Site and other trade dress, trademarks, logos, service marks available on or through the Site (the “Site IP”) is the property of Theresa Edwards or its licensors, content providers or other third parties and is protected by copyright, trademark and other applicable Canada and foreign intellectual property laws.

Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Theresa Edwards or such third party that owns the Site IP.

You may not use images or utilize painting techniques or technology to enclose any content included on the Site without Theresa Edwards’ express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Theresa Edwards’ express written consent.

You may not imitate or copy the artwork, or sell imitations of the work.

You agree that Theresa Edwards is the sole owner of the Content and that you have no rights to use, reproduce, or distribute any Content other than as permitted by these Terms of Service.

Subject to the limited rights described below, all intellectual property rights in the Site and Content are reserved.

Without limiting the foregoing, you agree not to:

  • republish any Content in print or digital media (including republication on another website or social media account) without Theresa’s written consent;
  • sell, rent or sub-license any Content, or materials derived from the Content;
  • display any Content in public, except when sharing photos of Theresa’s art in your home (for example on social media);
  • use the Content to create competing or substantially similar works;
  • reproduce, duplicate, copy or otherwise exploit any Content for a commercial purpose;
  • edit or otherwise modify any Content;
  • redistribute Content to third-parties (where Content is specifically made available for redistribution on the Site; or
  • republish or reproduce any part of the Sites through the use of iframes, screenscrapers, or other automatic means.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that product pricing or content will be error-free. In the case of a discrepancy, we will offer a fair solution.

We may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your risk. The products and services delivered to you are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Theresa Edwards, our employees, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the site or any products procured using the site, or for any other claim related in any way to your use of the site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Theresa Edwards and our partners, agents, contractors, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

We reserve the right, in our sole discretion, to terminate your access and use of the website, without notice, if we suspect you have failed to comply with any term or provision of these Terms of Service. You will remain liable for all amounts due up to and including the date of termination.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements where we provide you Products or Services shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflicts of law, and any disputes will be subject to the exclusive jurisdiction of the courts of British Columbia. You consent to service of process by courier or email to the address provided to us.

CONTACT INFORMATION

Theresa Edwards
530 Gaston Ave. Kelowna, BC V1Y 7G0
Canada

Questions about the Terms of Service should be sent to us at support@theresa-edwards.com.

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