Terms and Conditions
By accessing this site, you agree to the following Terms and Conditions:
1. BINDING EFFECT. This is a binding agreement between you and ’. SCOARTGLASS .’ (”us”, ”we”, ”Company”). By using the Internet site located at ’. https://scoartglass.com .’ (the ”Site”), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.
2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Indiana and the United States, without reference to rules regarding conflicts of law. This Site is intended for use by individuals based in the United States of America.
4. SPECIAL/DISCOUNT SIGNUPS AND MAILINGS. You have the option, but no obligation, to sign up and receive exclusive specials and discounts from us. Should you do so, you agree to receive further email campaigns from us of a commercial nature.
5. EMAIL COMMUNICATIONS. When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy, or other site documentation.
6. COPYRIGHT. Not all of the SCOARTGLASS pieces are original designs, some patterns may be copyright free or designed by another artisan. When a pattern is designed by another artisan we request written permission to utilize the pattern or design from the artist and credit the design to the artist. In addition, all content of this site, including but not limited to photos, videos, product descriptions, and other content forms are the exclusive property of SCOARTGLASS. © 2020. All rights reserved.
7. PRODUCTS. Product photos and descriptions are created to be as accurate as possible, but each glass sheet is unique, and colors may vary from batch to batch, actual products may differ from as shown or described within this site. Additionally, stained glass sheets often have small imperfections such as ripples, lines, bubbles, or small indentations. These are unavoidable due to the handcrafted nature of this medium, therefore these are not deemed reasons for returnable items.
8. PAYMENT. SCOARTGLASS accepts online payments through Paypal and other online payment options. By placing an order on this site, you warrant that (i) all payment information provided by you is truthful and accurate, (ii) the credit card, Apple Pay account, or Paypal account you use to pay for your order has sufficient funds to cover the full transaction amount of your order and is active and has not expired or been canceled, and (iii) you are the holder or an authorized user of the credit card, Apple Pay account, or Paypal account you use to pay for your order. SCOARTGLASS is not responsible for any damage or loss caused or alleged to be caused by the making of payments through third party services. SCOARTGLASS reserves the right to refuse or cancel orders at any time. SCOARTGLASS reserves the right to change the pricing of items at any time.
9. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATION OF LIABILITY. In no event shall SCOARTGLASS be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, this site and its contents, or any content obtained from this site, (including, without limitation, loss of revenue, anticipated profits, lost business, data or sales, or cost of substitute services, regardless of the foreseeability of those damages) or arising out of or in connection with your use of the site or any other materials or services provided to you by SCOARTGLASS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. DISCLAIMER. Your use of this site and contents obtained from this site is at your sole risk. Warranties do not apply to this site or its content.
12. AFFILIATED SITES. We have no control over and no liability for any third-party websites or materials. We work with a number of partners whose Internet sites and products may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
13. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
14. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless SCOARTGLASS, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. SEVERABILITY; WAIVER. If for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
17. UNITED STATES USE ONLY. The Site is controlled and operated by SCOARTGLASS in the State of Indiana. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. The company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the site should not be construed as SCOARTGLASS purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Indiana and the United States.
21. AMENDMENTS. SCOARTGLASS reserves the right to amend these Terms and Conditions at any time. Should we seek to make such an amendment, which we determine is material in our sole discretion, we shall: (a) Provide you notice by email of said change 15 days prior to the change going into force, and (b) Publish on the home page the fact an amendment will be made. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause is terminated as part of this agreement. All amendments to the Terms shall be forward-looking.
