Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms of Service”) carefully before using the https://artnewco.com website (the “Service”) operated by ArtNewCo (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Terms of Service

This website is operated by ArtNewCo, which is owned entirely by its parent company Imprescient, LLC, a woman-owned sole proprietorship small business. Throughout the site, the terms “we”, “us” and “our” refer to ArtNewCo. ArtNewCo 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.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Service Agreement for Buyers

These Terms of Service are a binding contract between you (the Customer, or Buyer) and ArtNewCo and its affiliates. By using and accessing the ArtNewCo Services, you agree that you have read, understood and agree to be bound by and comply with the Terms of Service. You also must agree that the term ‘you’ refers to you as an individual or as an authorized representative of another person or organization, and you are authorized to accept the Terms of Service of ArtNewCo.  You also agree that ArtNewCo may change the Terms of Service (Terms) from time to time in order to better serve the needs of its customers, and that it is your responsibility to review the Terms before making purchases using the Services. Your use of the Services means that you agree to all the Terms at the time of use.

As a user of the ArtNewCo Services, you represent and warrant that you are at least sixteen years of age and will not break any laws while using the Services.

In order to use the Services to purchase products from the ArtNewCo online store, you will be required to provide information such as name, address, and phone number that may be stored securely by ArtNewCo. You may be required to create and account with a user name and password; it will be your responsibility to keep the password safe and not share it with others. Making purchases requires secure online payment (through an encrypted third party payment gateway) by credit card or other means; the details of this information is never saved by ArtNewCo and is not stored in any way in its systems. To use the Services you must consent to the collection and use of certain information in accordance with our Privacy Policy.  We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us.  If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us immediately.

The ArtNewCo Services may allow you to purchase products from ArtNewCo. If you purchase products, you agree to pay the amount listed as well as any other expenses indicated, including taxes and also packaging and shipping costs if ArtNewCo agrees in advance to offer shipping services (ArtNewCo prefers local pickup to its customers in the Columbus, Ohio region but will ship easily shippable products to the Continental U.S only). You also agree that ArtNewCo will charge your credit card or other acceptable form of payment the entire amount of the transaction (only in U.S. dollars) before you can gain possession of the purchased products. By purchasing any products using the ArtNewCo Services you also accept all the terms of the Return and Exchange Policies.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of ArtNewCo and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ArtNewCo.

ArtNewCo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ArtNewCo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

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.

Prices for our products 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.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Products and Services

Certain products or services may be available exclusively online through the ArtNewCo website. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Exchange Policies.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We have also made our best efforts to present the size (physical dimensions) of each product, as well as any significant condition issues or defects (by use of textual descriptions and photographs); however we cannot guarantee the accuracy of completeness of these descriptions and you should request additional information from ArtNewCo before purchasing a product if you have any questions or concerns about the product.

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 any time 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.

Indemnity User comments, feedback, and submissions

If, at our request, you send certain specific submissions (for articles or a contest, for example), or without a request from us you send creative ideas, suggestions, proposals, plans, articles, commentary, 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 further 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 Service 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.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy (Click this link to view our Privacy Policy).

Indemnity

You agree to indemnify and hold ArtNewCo and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Goods you buy, sell, or offer to sell using the Services, your Content, your use of the Services, your violation of this Terms of Service or any other Agreement, your violation of any applicable law, rule or regulation, or your violation of any rights of another.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

We may terminate your account for unexpected technical or security issues or problems, extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or nonpayment of any fees owed by you in connection with the Services. ArtNewCo may delete your Content, your password and all related information, and files and content associated with your account. You agree that ArtNewCo shall not be liable to you or any third party for any termination of your account or access to the Services.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Services is at your sole risk. Neither ArtNewCo nor its licensors or suppliers or partners makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from ArtNewCo or others unless provided expressly and unambiguously in writing.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARTNEWCO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ARTNEWCO, ITS AFFILIATES (OR ITS OR THEIR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF REPLACEMENT OF SUBSTITUTE GOODS OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100, (II) THE AMOUNT DUE UNDER OUR THEN-CURRENT REFUND POLICY, OR (III) THE FAIR MARKET VALUE OR LISTING PRICE OF THE GOODS ITEM SUBJECT TO THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Ohio and the United States without regard to its conflict of law provisions. The parties agree that the federal and state courts in Franklin County, Ohio will have exclusive jurisdiction and venue under this Terms of Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us by email at sales@artnewco.com