ARTFUL HOME TERMS AND CONDITIONS

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Web Site Terms And Conditions Of Use

ARTFUL HOME offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. ARTFUL HOME reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by ARTFUL HOME.

Personal & Noncommercial Use

The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to ARTFUL HOME that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions of use.

No Warranties

Use the website at your own risk. This website is provided to you "as is," without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. ARTFUL HOME makes no warranty that any content contained on this website satisfies any applicable government law, regulation or requirement. Neither ARTFUL HOME nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of ARFTUL HOME. ARTFUL HOME reserves the right to change or discontinue at any time any aspect or feature of the website.

Exclusion of Liability

Under no circumstances, including negligence, shall ARTFUL HOME or anyone else involved in creating, producing, storing or distributing the website be liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including, without limitation, lost profits, and damages arising from lost data or business interruption) arising out of or in any way connected with use of the website, delay or inability to use the website, or for any information, software, products or services obtained through the website, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. You specifically agree that no licensor, supplier or information provider to ARTFUL HOME or its affiliates, officers, directors, employees or agents, or any of their successors or assigns, shall have any liability to you for any reason or under any theory whatsoever, based upon the information provided on or through the website. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold ARTFUL HOME , its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the ARTFUL HOME site, or any content, product or service offered through the ARTFUL HOME site, in a manner that violates or is alleged to violate these Terms and Conditions. ARTFUL HOME shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links & Advertisements

The Website may contain hyperlinks to websites offered by parties other than ARTFUL HOME. Such hyperlinks are provided for your reference and convenience only. ARTFUL HOME does not control such other Websites and is not responsible for their content; nor does ARTFUL HOME’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this website, ARTFUL HOME does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this website.

Linking

Unless you are subsequently advised otherwise by ARTFUL HOME, you are hereby licensed to create hyperlinks to the content on the website, provided that the hyperlink accurately describes the content as it appears on the website. ARTFUL HOME reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the website or any of its content or copy portions of the website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.

Software Available On Web Site

Any software that is made available to download from this Website is the copyrighted work of ARTFUL HOME and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, ARTFUL HOME hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by ARTFUL HOME in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Artful Home’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Artful Home hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA’s Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ARTFUL HOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ARTFUL HOME AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A R EPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Artful Home are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Artful Home, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

SMS Terms & Conditions

Find additional information here.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the ARTFUL HOME site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of ARTFUL HOME. Violation of this provision may result in severe civil and criminal penalties. You may make single copies of materials displayed on the website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ARTFUL HOME or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:

ARTFUL HOME
Attn: Legal Department
3118 International Lane
Madison WI, 53704
e-mail: info@artfulhome.com

Trademarks/Service Marks

The following are federally registered trademarks of Artful Home, LLC: "Artful Home," "Artful," "Artful Jewelry," "The Guild," and "The Guild Registered." The following are common-law trademarks of Artful Home, LLC: "Guild," "guild.com," "artfulhome.com," "Direct from the artist’s studio," and "Art for Life. For Home. Forever."

Copyright Infringement

ARTFUL HOME will not tolerate copyright infringement of any kind. ARTFUL HOME does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the website infringes your copyright, you may seek to have the material removed by sending ARTFUL HOME notice that includes all of the following information:

Your full name, address and telephone number
Your e-mail address
Identification of the copyrighted work(s) that you believe is being infringed
Identification of the infringing material and information sufficient for ARTFUL HOME to locate the material
Your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
Your physical or electronic signature

Direct such notice to ARTFUL HOME designated agent for receiving copyright infringement notices:

ARTFUL HOME
Attn: Legal Department
3118 International Lane
Madison WI 53704
e-mail: info@artfulhome.com

Upon receipt of notice complying with the above requirements, ARTFUL HOME will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the website.

If ARTFUL HOME removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying ARTFUL HOME's designated agent in writing and including the following information:

Your full name, address and telephone number
Your e-mail address
Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
Your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Wisconsin District Court (which has jurisdiction for ARTFUL HOME’s location), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
Your physical or electronic signature

Upon receipt of a notice meeting the above requirements, ARTFUL HOME will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, ARTFUL HOME will replace or enable access to the removed material unless ARTFUL HOME receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to ARTFUL HOME and/or the copyright owner or Website user.

Termination of Privileges

ARTFUL HOME reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms and Conditions of use. If ARTFUL HOME receives notice or otherwise discovers that you have breached any of these Terms and Conditions of use or the Privacy Policy, ARTFUL HOME may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the website.

General

These Terms and Conditions (including the Privacy Policy also on this site, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and ARTFUL HOME with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. ARTFUL HOME reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by ARTFUL HOME. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

The website is controlled and operated by ARTFUL HOME from its principal office in the State of Wisconsin, United States of America. ARTFUL HOME makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject ARTFUL HOME to the laws or jurisdiction of any state, country or territory other than the State of Wisconsin and the United States of America.

Pricing

The prices displayed are in U.S. currency and are subject to change at any time without notice.

Errors And Inaccuracies

The ARTFUL HOME team works tirelessly to ensure that our content is as accurate as possible. However, as we are all human, sometimes against our best efforts, there might be occasional typographical errors, incorrect availability messaging, or pricing errors. We reserve the right to correct these errors, and all information is subject to change at any time without notice.

User-Generated Content

User-generated content (ie: product reviews) used for publication may have been edited for length and/or clarity.

Photography

The ARTFUL HOME team makes a great effort to provide our customers with images that most accurately represent our products. Online, colors may vary due to your monitor’s display, brightness, and resolution. In print, colors may vary due to ink and printing processes. Also, due to the handcrafted, one-of-a-kind nature of our products, the item you receive may have slight variances when compared to the one pictured.