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Terms of Use

Version Date: January 01, 2017
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you,
whether personally or on behalf of an entity (“user” or “you”) and Werlin Design Group, LLC (dba and its affiliated companies (collectively, “Company” or “we” or “us” or “our”),
concerning your access to and use of the website as well as any other
media form, media channel, mobile website or mobile application related or connected thereto
(collectively, the “Website”). The Website provides the following service: Sale of artwork (“Company
Services”). Supplemental terms and conditions or documents that may be posted on the Website from
time to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations other
than where it is operated by Company. The information provided on the Website is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject Company to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Website from
other locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a
minor, you must have your parent or guardian read and agree to this Agreement prior to you using the
Website. Persons under the age of 13 are not permitted to register for the Website or use the Company
Company bills you through an online billing account for purchases of products and/or services. You agree
to pay Company all charges at the prices then in effect for the products you or other persons using your
billing account may purchase, and you authorize Company to charge your chosen payment provider for
any such purchases. You agree to make payment using that selected payment method. If you have
ordered a product or service that is subject to recurring charges then you consent to our charging your
payment method on a recurring basis, without requiring your prior approval from you for each recurring
charge until such time as you cancel the applicable product or service. Company reserves the right to
correct any errors or mistakes in pricing that it makes even if it has already requested or received
Terms of Use (Rev. 133A18A) 2 / 11
payment. Sales tax will be added to the sales price of purchases as deemed required by Company.
Company may change prices at any time. All payments shall be in U.S. dollars.
Please review our Return Policy posted on our Website prior to making any purchases.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
A.  all registration information you submit is truthful and accurate;
B.  you will maintain the accuracy of such information;
C.  you will keep your password confidential and will be responsible for all use of your password
and account;
D.  you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use this Website; and
E.  your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Website’s registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate
in our discretion, such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a user's actual name.
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should
have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive
language, profanity, or abusive, racist, or hate language; discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal
activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers
should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false
statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or
partner of Company. Company does not assume liability for any review or for any claims, liabilities or
losses resulting from any review. By posting a review, the reviewer hereby grants to Company a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to
Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all
content relating to reviews.
Terms of Use (Rev. 133A18A) 3 / 11
Use License
If you are accessing the Company Services via a mobile application, then Company grants you a
revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on such devices strictly in
accordance with the terms and conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation,
improvement, enhancement, translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f)
make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the
application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i)
use any proprietary information or interfaces of Company or other intellectual property of Company in the
design, development, manufacture, licensing or distribution of any applications, accessories or devices for
use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You acknowledge that this Agreement is concluded
between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and
Company, not an App Distributor, is solely responsible for the Company application and the content
thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that utilizes the Apple iOS or
Android operating system, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely
responsible for providing any maintenance and support services with respect to the Company application,
as specified in this Agreement, or as required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the Company application. (3) WARRANTY: Company is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of
the Company application to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the Company application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company,
not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the
Company application or your possession and/or use of the Company application, including, but not limited
to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable
Terms of Use (Rev. 133A18A) 4 / 11
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that
the Company application or your possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using
the Company application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the Company application. (8) THIRD PARTY
BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Company Services ("Submissions") provided by you to Company
are non-confidential and Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
interfering with, disrupting, or creating an undue burden on the Website or the networks orservices connected to the WebsiteTerms of Use (Rev. 133A18A) 5 / 11J.  making any unauthorized use of the Company Services, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose of sending unsolicitedemail, or creating user accounts by automated means or under false pretensesK.  selling or otherwise transferring your profileL.  systematic retrieval of data or other content from the Website to create or compile, directly orindirectly, a collection, compilation, database or directory without written permission fromCompanyM.  tricking, defrauding or misleading Company and other users, especially in any attempt to learnsensitive account information such as passwordsN.  using any information obtained from the Website in order to harass, abuse, or harm anotherpersonO.  using the Company Services as part of any effort to compete with Company or to provideservices as a service bureauP.  using the Website in a manner inconsistent with any and all applicable laws and regulationsINTELLECTUAL PROPERTY RIGHTSThe content on the Website (“Company Content”) and the trademarks, service marks and logos containedtherein (“Marks”) are owned by or licensed to Company, and are subject to copyright and otherintellectual property rights under United States and foreign laws and international conventions. CompanyContent, includes, without limitation, all source code, databases, functionality, software, website designs,audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers,button icons, scripts and service names are registered trademarks, common law trademarks or tradedress of Company in the United States and/or other countries. Company's trademarks and trade dressmay not be used, including as part of trademarks and/or as part of domain names, in connection with anyproduct or service in any manner that is likely to cause confusion and may not be copied, imitated, orused, in whole or in part, without the prior written permission of the Company.Company Content on the Website is provided to you “AS IS” for your information and personal use onlyand may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consentof the respective owners. Provided that you are eligible to use the Website, you are granted a limitedlicense to access and use the Website and the Company Content and to download or print a copy of anyportion of the Company Content to which you have properly gained access solely for your personal, noncommercial use. Company reserves all rights not expressly granted to you in and to the Website andCompany Content and Marks.THIRD PARTY WEBSITES AND CONTENTThe Website contains (or you may be sent through the Website or the Company Services) links to otherwebsites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs,music, sound, video, information, applications, software and other content or items belonging to ororiginating from third parties (the "Third Party Content"). Such Third Party Websites and Third PartyContent are not investigated, monitored or checked for accuracy, appropriateness, or completeness byus, and we are not responsible for any Third Party Websites accessed through the Website or any ThirdParty Content posted on, available through or installed from the Website, including the content, accuracy,offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third PartyWebsites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of anyTerms of Use (Rev. 133A18A) 6 / 11Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. Ifyou decide to leave the Website and access the Third Party Websites or to use or install any Third PartyContent, you do so at your own risk and you should be aware that our terms and policies no longergovern. You should review the applicable terms and policies, including privacy and data gatheringpractices, of any website to which you navigate from the Website or relating to any applications you useor install from the Website. Any purchases you make through Third Party Websites will be through otherwebsites and from other companies, and Company takes no responsibility whatsoever in relation to suchpurchases which are exclusively between you and the applicable third party.SITE MANAGEMENTCompany reserves the right but does not have the obligation to:A.  monitor the Website for violations of this Agreement;B.  take appropriate legal action against anyone who, in Company’s sole discretion, violates thisAgreement, including without limitation, reporting such user to law enforcement authorities;C.  in Company’s sole discretion and without limitation, refuse, restrict access to or availability of,or disable (to the extent technologically feasible) any user’s contribution or any portion thereofthat may violate this Agreement or any Company policy;D.  in Company’s sole discretion and without limitation, notice or liability to remove from theWebsite or otherwise disable all files and content that are excessive in size or are in any wayburdensome to Company’s systems;E.  otherwise manage the Website in a manner designed to protect the rights and property ofCompany and others and to facilitate the proper functioning of the Website.TERM AND TERMINATIONThis Agreement shall remain in full force and effect while you use the Website or are otherwise a user ormember of the Website, as applicable. You may terminate your use or participation at any time, for anyreason, by following the instructions for terminating user accounts in your account settings, if available, orby contacting us using the contact information below.WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THERIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FORANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OFANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OFANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE ORPARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE ANDANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,IN COMPANY’S SOLE DISCRETION.In order to protect the integrity of the Website and Company Services, Company reserves the right at anytime in its sole discretion to block certain IP addresses from accessing the Website and CompanyServices.Terms of Use (Rev. 133A18A) 7 / 11Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survivethe termination or expiration of this Agreement, shall be deemed to survive for as long as necessary tofulfill such purposes.YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’STHIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYSAND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURINGNORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THISAGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TOINDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.If Company terminates or suspends your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any third party, evenif you may be acting on behalf of the third party. In addition to terminating or suspending your account,Company reserves the right to take appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.MODIFICATIONSTo AgreementCompany may modify this Agreement from time to time. Any and all changes to this Agreement will beposted on the Website and revisions will be indicated by date. You agree to be bound to any changes tothis Agreement when you use the Company Services after any such modification becomes effective.Company may also, in its discretion, choose to alert all users with whom it maintains email information ofsuch modifications by means of an email to their most recently provided email address. It is thereforeimportant that you regularly review this Agreement and keep your contact information current in youraccount settings to ensure you are informed of changes. You agree that you will periodically check theWebsite for updates to this Agreement and you will read the messages we send you to inform you of anychanges. Modifications to this Agreement shall be effective after posting.To ServicesCompany reserves the right at any time to modify or discontinue, temporarily or permanently, theCompany Services (or any part thereof) with or without notice. You agree that Company shall not beliable to you or to any third party for any modification, suspension or discontinuance of the CompanyServices.DISPUTESBetween UsersIf there is a dispute between users of the Website, or between users and any third party, you understandand agree that Company is under no obligation to become involved. In the event that you have a disputewith one or more other users, you hereby release Company, its officers, employees, agents andsuccessors in rights from claims, demands and damages (actual and consequential) of every kind orTerms of Use (Rev. 133A18A) 8 / 11nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or inany way related to such disputes and/or the Company Services.With CompanyAll questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant orrelating to this Website or the Company Services shall be governed and construed by the laws of theState/Commonwealth of California, excluding such state’s conflicts of law rules. Any legal action ofwhatever nature by or against Company arising out of or related in any respect to this Website and theCompany Services shall be brought solely in either the applicable federal or state courts located in or withjurisdiction over Solano County, State of California; subject, however, to the right of Company, at theCompany's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stopor prevent an infringement of proprietary or other third party rights (or any similar cause of action) in anyapplicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to(and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts.Application of the United Nations Convention on Contracts for the International Sale of Goods is excludedfrom this Agreement. Additionally, application of the Uniform Computer Information Transaction Act(UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you relatedin any way to the Website and/or the Company Services (including your visit to or use of the Websiteand/or the Company Services) be instituted more than two (2) years after the cause of action arose. Youwill be liable for any attorneys' fees and costs if we have to take any legal action to enforce thisAgreement.CORRECTIONSOccasionally there may be information on the Website that contains typographical errors, inaccuracies oromissions that may relate to service descriptions, pricing, availability, and various other information.Company reserves the right to correct any errors, inaccuracies or omissions and to change or update theinformation at any time, without prior notice.DISCLAIMERSCompany cannot control the nature of all of the content available on the Website. By operating theWebsite, Company does not represent or imply that Company endorses any blogs, contributions or othercontent available on or linked to by the Website, including without limitation content hosted on third partywebsites or provided by third party applications, or that Company believes contributions, blogs or othercontent to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful orotherwise objectionable content you may encounter on the Website or in connection with anycontributions. The Company is not responsible for the conduct, whether online or offline, of any user ofthe Website or Company Services.YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOURSOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’STerms of Use (Rev. 133A18A) 9 / 11CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANYSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANYKIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE ORFEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTYTO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOUAND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.LIMITATIONS OF LIABILITYIN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE ORCOMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THEFORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOUTO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHSPRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME ORALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITORDOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THERELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENTWITH THE DEBTOR."INDEMNITYYou agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respectiveofficers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, orTerms of Use (Rev. 133A18A) 10 / 11demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising outof your contributed content, use of the Company Services, and/or arising from a breach of this Agreementand/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,Company reserves the right, at your expense, to assume the exclusive defense and control of any matterfor which you are required to indemnify Company, and you agree to cooperate, at your expense, withCompany’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,action, or proceeding which is subject to this indemnification upon becoming aware of it.NOTICESExcept as explicitly stated otherwise, any notices given to Company shall be given by email to theaddress listed in the contact information below. Any notices given to you shall be given to the emailaddress you provided during the registration process, or such other address as each party may specify.Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sendingparty is notified that the email address is invalid. We may also choose to send notices by regular mail.USER DATAOur Website will maintain certain data that you transfer to the Website for the purpose of the performanceof the Company Services, as well as data relating to your use of the Company Services. Although weperform regular routine backups of data, you are primarily responsible for all data that you havetransferred or that relates to any activity you have undertaken using the Company Services. You agreethat Company shall have no liability to you for any loss or corruption of any such data, and you herebywaive any right of action against Company arising from any such loss or corruption of such data.ELECTRONIC CONTRACTINGYour use of the Company Services includes the ability to enter into agreements and/or to maketransactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONSCONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCHAGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BYELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOUENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,you may be required to have certain hardware and software, which are your sole responsibility.ELECTRONIC SIGNATURESUsers are allowed on Vector Art Labs to transmit and receive valid electronic signatures in the UnitedStates under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 andthe Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’signatures and identities are not authenticated on Vector Art Labs.MISCELLANEOUSThis Agreement constitutes the entire agreement between you and Company regarding the use of theCompany Services. The failure of Company to exercise or enforce any right or provision of thisAgreement shall not operate as a waiver of such right or provision. The section titles in this AgreementTerms of Use (Rev. 133A18A) 11 / 11are for convenience only and have no legal or contractual effect. This Agreement operates to the fullestextent permissible by law. This Agreement and your account may not be assigned by you without ourexpress written consent. Company may assign any or all of its rights and obligations to others at any time.Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by anycause beyond Company's reasonable control. If any provision or part of a provision of this Agreement isunlawful, void or unenforceable, that provision or part of the provision is deemed severable from thisAgreement and does not affect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created between you and Company as aresult of this Agreement or use of the Website and Company Services. Upon Company’s request, you willfurnish Company any documentation, substantiation or releases necessary to verify your compliance withthis Agreement. You agree that this Agreement will not be construed against Company by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on the electronic form of thisAgreement and the lack of signing by the parties hereto to execute this Agreement.CONTACT USIn order to resolve a complaint regarding the Company Services or to receive further informationregarding use of the Company Services, please contact Company as set forth below or, if any complaintwith us is not satisfactorily resolved, and you are a California resident, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.Werlin Design Group, LLC (dba VectorArtLabs.com1000 Topsail DriveVallejo, CA 94591Email: otto@vectorartlabs.comPhone: (707) 733-0880


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