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Frank Howell Gallery Terms of Service Agreement Last Modified: 01.14.11 ACCEPTANCE OF TERMS AND CONDITIONS The terms and conditions in this Agreement govern your use of this site. Please take a few moments to review this information carefully. By using this site, you agree that you have read, understand, accept, and will be bound by all of the terms and conditions in this Agreement, and you agree not to use this site in contravention of these terms and conditions. If you do not agree with these terms, discontinue your use of this site. ACCURACY OF INFORMATION The Frank Howell Gallery maintains this site to provide you with accurate and up-to-date information about the Frank Howell Gallery's inventory. However, despite our best efforts, it is inevitable that some inaccuracies may occasionally be present. Additionally, photographs found on the Frank Howell Gallery site are photographs of the actual inventory; however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the Frank Howell Gallery to confirm the accuracy of the contents of our site before you visit our gallery or place an order. Further, the Frank Howell Gallery reserves the right to change product pricing and specifications, as well as any terms of guarantees and warranties without notice. In addition, you understand and agree that the information provided on this site is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. To this end, and to the extent permitted by applicable law, the Frank Howell Gallery will not be responsible for errors found on this site, including but not limited to, pricing errors or an incorrect statement of information on any particular item or artist. OWNERSHIP AND PROPRIETARY RIGHTS All information contained in this site, unless otherwise stated, is owned solely and exclusively by the Frank Howell Gallery. You acknowledge and agree that all contents and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this site, the Frank Howell Gallery has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of the Frank Howell Gallery; however, item information, special promotions offered as a downloadable PDF, and features provided through any "Print Page" feature may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this site. You may not use any meta tags or any other "hidden text" utilizing the Frank Howell Gallery's name or trademarks without the express written consent of the Frank Howell Gallery. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our site is strictly prohibited. INTELLECTUAL PROPERTY "Frank Howell Gallery" and "Frank Howell Gallery.com" are all registered trademarks or service marks of the Frank Howell Gallery. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by the Frank Howell Gallery or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Frank Howell Gallery. WARRANTY DISCLAIMER THE FRANK HOWELL GALLERY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS SITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR SITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE FRANK HOWELL GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. THE FRANK HOWELL GALLERY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE FRANK HOWELL GALLERY SITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. INDEMNITY You agree to defend, indemnify, and hold harmless the Frank Howell Gallery and any affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney's fees and costs) arising out of your use of this site; your failure to use the site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of third parties. TERMINATION The Frank Howell Gallery reserves the right to immediately terminate your use of, or access to, this site at any time if the Frank Howell Gallery decides at its sole discretion that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that the Frank Howell Gallery considers to be inappropriate or unacceptable. PRIVACY POLICY The Frank Howell Gallery values your privacy. We treat your personal information with the highest standards of security and confidentiality. The Frank Howell Gallery does not collect any personal information without your knowledge. We don't sell, rent, or give your personal information to unrelated third parties without your prior permission. Each time a visitor comes to the Frank Howell Gallery site, information is collected to help us improve the overall experience of our site. This information allows us to determine which areas of the site are used more frequently than others, how certain features of the site are used, and how users make the most of the content available. We collect visitor domain names or IP address's (e.g., whether the user is logged on from netscape.com or yale.edu or 255.255.255.0), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to the Frank Howell Gallery), and browser/platform types (e.g., a Netscape browser on a Macintosh platform). Likewise, the Frank Howell Gallery also counts, tracks, and aggregates visitor activity into our analysis of general traffic flow (e.g., tracking where traffic comes from and how traffic flows within the site). The Frank Howell Gallery may merge this information into group data, which may then be shared on an aggregated basis with potential advertisers, research firms, and business partners. However, the Frank Howell Gallery will never disclose your individual identity or personal data. If the Frank Howell Gallery presents any aggregated information to potential advertisers, research firms, and business partners, no one will be able to identify you or contact you. The Frank Howell Gallery never shares, sells, or rents any personal information without your permission, unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your request for information. RETURN POLICY If you are not completely satisfied with your purchase, please return it to us and we will gladly issue a gallery credit or process an exchange within 7 days of the purchase date. ONLINE RETURNS To return your item(s) to the online gallery: Pack and seal a copy of your receipt with the merchandise you wish to return securely in the original box. All returned merchandise must be undamaged and in original condition. Ship the package insured via UPS or USPS and retain your receipt for tracking purposes. IN STORE RETURNS You may return your online purchase to the Frank Howell Gallery located at 203 Canyon Road, Santa Fe, NM 87501. Your original receipt is required for a full gallery credit or exchange. |
