Effective Date: June 12, 2008
Welcome to our website. These Conditions of Use (COU) contain the terms and conditions that govern your use of our Website. This page describes your rights and responsibilities and what you can expect from us. Use of this Website constitutes your acceptance of and agreement to these conditions of use.
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this COU, at any time and in its sole discretion, by posting a change notice or a new agreement on our Website. In the event of substantive changes to this COU, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use this Website. Your continued use of this Website following the posting of a change notice or new COU on our Website will constitute binding acceptance of the changes.
Use of the Website
Eligibility. We will only knowingly provide service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the our Website only under the supervision of a parent or legal guardian who agrees to be bound by these COU. This Service is not intended for children under the age of 13.
Compliance with COU and Applicable Law. You must comply with all of the terms and conditions of these COU, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Website.
General Rules
Prohibited Use You may only use our website as expressly permitted by sageartsstudio.com. You may not cause harm to the Website. Specifically, but not by way of limitation, you may not: (i) interfere with the sageartsstudio.com Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the sageartsstudio.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain sageartsstudio.com's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Website; or (viii) assist or encourage any third party in engaging in any activity prohibited by these COU.
Privacy Policy. By entering into these COU, you agree to sageartsstudio.com's collection, use and disclosure of your personal information in accordance with the Privacy Policy (see link at left).
Ordering Policies. If you purchase Products, you agree to do so in accordance with sageartsstudio.com's Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier or are picked up at the school.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of sageartsstudio.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of sageartsstudio.com and protected by U.S. and international copyright laws. All software used on this site is the property of sageartsstudio.com or its software suppliers and protected by United States and international copyright laws.
Submissions
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant sageartsstudio.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that sageartsstudio.com will have no obligation to keep any Submissions confidential. You will not bring a claim against sageartsstudio.com based on "moral rights" or the likes arising from sageartsstudio.com's use of a Submission.
Disclaimers and exclusions
DISCLAIMER OF WARRANTIES SAGEARTSSTUDIO.COM PROVIDES THE WEBSITE AND SHOPPING CART SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAGEARTSSTUDIO.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SHOPPING CART SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SAGEARTSSTUDIO.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE COU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Limitation of liability
LIMITATION OF LIABILITY SAGEARTSSTUDIO.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SAGEARTSSTUDIO.COM WEBSITE OR THESE COU, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE COU OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE COU, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE COU EXCEED THE GREATER OF (i) THE AMOUNT PAID BY SAGEARTSSTUDIO.COM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
Indemnification
You must indemnify and hold sageartsstudio.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of these COU through any act or omission. If you have to indemnify sageartsstudio.com under this Section, sageartsstudio.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without sageartsstudio.com's express written permission.
Termination
Termination In its sole discretion, with or without notice to you, sageartsstudio.com may: (i) suspend, limit your access to or terminate your use of the Website, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your content from sageartsstudio.com servers and directories and (iv) prohibit you from using the sageartsstudio.com Website.
Survival Notwithstanding the above section, these COU will survive indefinitely unless and until sageartsstudio.com chooses to terminate these COU.
Effect of Termination If you or sageartsstudio.com terminates your use of the Website, sageartsstudio.com may delete any content or other materials relating to your use of sageartsstudio.com on sageartsstudio.com's servers or otherwise in its possession and sageartsstudio.com will have no liability to you or any third party for doing so.
Dispute Resolution
All disputes arising out of, relating to or connected with these COU or your use of any part of sageartsstudio.com will be exclusively resolved under confidential binding arbitration held in Milwaukee County, Wisconsin, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Wisconsin law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Milwaukee County, Wisconsin. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Wisconsin State courts in Milwaukee County. Notwithstanding anything to the contrary in this Section, sageartsstudio.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
Miscellaneous
These COU will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Wisconsin without reference to conflict of law principles. These COU is not assignable or transferable by you without the prior written consent of sageartsstudio.com. These COU (including all of the policies and other Agreements described in these COU, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these COU will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and sageartsstudio.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these COU. The invalidity or unenforceability of any provision of these COU will not affect the validity or enforceability of any other provision of these COU, all of which will remain in full force and effect.
