Terms & Conditions
The use of the website www.michelleelayne.com and the products are provided by Michelle Elayne, LLC (“Michelle Elayne”) and are subject to the following terms and conditions. The Terms and Conditions will govern all pages on the Michelle Elayne website and purchases from the Michelle Elayne website and will be known as the “Agreement” hereinafter.
1) DEFINITIONS
The parties that are referred to in this agreement shall be defined as follows:
A) Michelle Elayne, as the creator, operator, owner and publisher of the website, makes the website, and certain products on it available to users.
B) The user of the website will be referred to throughout this Agreement with second person pronouns such as You, Your, Yours, or as User or Client.
2) ASSENT & ACCEPTANCE
By using the website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the site immediately. Michelle Elayne only agrees to provide use of this website and to sell products to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this website or any products offered for sale herein. By using this website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. Michelle Elayne assumes no responsibility or liability for any misrepresentation of Your age.
4). SALES
Michelle Elayne sells art prints, original art, greeting cards, carved antlers, puzzles, candles and more products. Michelle Elayne hand signs all prints, which are in the USA.
Michelle Elayne undertakes to be as accurate as possible with all information regarding the goods and products, including the product descriptions and images based upon the following terms.
A) Product will be shipped after payment is confirmed and received.
B) All original art sales are final and no refunds will be provided because you are
dissatisfied with the original art or any other reason.
C) However, Michelle Elayne does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
D) You assume all risk related to the purchase and use of products purchased from
5) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You purchase from Michelle Elayne, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Michelle Elayne with a valid email and shipping address, as well as valid billing information. Michelle Elayne reserves the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to Michelle Elayne. If Michelle Elayne does so after payment has been processed, Michelle Elayne will issue a refund to You in the amount of the purchase price. Michelle Elayne also may request additional information from You prior to confirming a sale, and Michelle Elayne reserves the right to place any additional restrictions on the sale of any of Michelle Elayne’s products. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances.
A) For any questions, concerns, or disputes, You agree to contact Michelle Elayne in a timely manner at the following: info@michelleelayne.com.
B) Michelle Elayne is not responsible for lost, damaged or stolen goods. If you are ordering outside of the US, additional import taxes may apply as per your country’s customs guidelines.
C) Please contact info@michelleelayne.com with any questions, concerns or customer service issues.
6) INTELLECTUAL PROPERTY
You agree that the website and all products provided by Michelle Elayne are the property of the Michelle Elayne or its principals, including all copyrights, trademarks, patents, and other intellectual property (Michelle Elayne “IP”). You agree that Michelle Elayne owns all rights, title and interest in and to Michelle Elayne IP and that You will not use Michelle Elayne’s IP for any unlawful infringing purpose. You agree not to reproduce or distribute Michelle Elayne’s IP in any way, including electronically or via registration or any new trademarks, trade names, product marks or Uniform Resource Locators (URLs), without express written permission from Michelle Elayne.
7) USER OBLIGATIONS
As a user of the website or products, You may be asked to register with Michelle Elayne. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the website and receive products. You must not share such identifying information. If any of this information has been compromised, You agree to notify Michelle Elayne immediately in writing. Email notifications will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Michelle Elayne apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the website or products to further fraud or unlawful activity is grounds for immediate termination of the Agreement.
8) ACCEPTABLE USE
You agree not to use the website or products for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or products in any way that could damage the website, products, or general business of Michelle Elayne.
A) You further agree not to use the website or products:
1) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
2) To violate any intellectual property rights of Michelle Elayne or any third party;
3) To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another
4) To perpetrate any fraud;
5) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6) To publish or distribute any obscene or defamatory material;
7) To publish or distribute any material that incites violence, hate, or discrimination
towards any group;
8) To unlawfully gather information about others.
9) AFFILIATE MARKETING & ADVERTISING
Michelle Elayne, through the website and products, may engage in affiliate marketing
whereby Michelle Elayne receives a commission on or percentage of the sale of goods
or products on or through the website. Michelle Elayne may also accept advertising and
sponsorships from commercial businesses or receive other forms of advertising
compensation. The disclosure is intended to comply with the US Federal Trade
Commission Rules on marketing and advertising, as well as any other legal requirements
which may apply.
10) PRIVACY INFORMATION
Through Your use of the website and products, You may provide Michelle Elayne with
certain information.
A) Information Michelle Elayne May Collect Or Receive: When You Register for an
account You provide Michelle Elayne with a valid email address and may provide
Michelle Elayne with additional information, such as Your name or billing information.
Depending on how You use Michelle Elayne’s website or products, Michelle Elayne
may receive information from external applications that You use to access Michelle
Elayne’s website, or Michelle Elayne may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
B) How Michelle Elayne Uses Information: Michelle Elayne uses the information
gathered from You to ensure Your continued good experience on Michelle Elayne’s
website, including through email communication. Michelle Elayne may also track
certain aspects of the passive information received to improve Michelle Elayne’s
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marketing and analytics, and for this, Michelle Elayne may work with third-party
providers.
C) How You Can Protect Your Information: If You would like to disable Michelle Elayne’s
access to any passive information Michelle Elayne receives from the use of various
technologies, You may choose to disable cookies in Your web browser. Please be
aware that Michelle Elayne will still receive information about You that You have
provided, such as Your email address.
11) REVERSE ENGINEERING & SECURITY
You agree to not undertake any of the following actions:
A) Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from the website or products;
B) Violate the security of the website or products through any unauthorized access,
circumvention or encryption or other security tools, data mining or interference to any
host user or network.
12) DATA LOSS
Michelle Elayne does not accept responsibility for the security of Your account or content.
You agree that Your use of the website or products is at Your own risk.
13) INDEMNIFICATION
You agree to defend and indemnify Michelle Elayne and any of its affiliates (if applicable)
and hold Michelle Elayne and any of its affiliates (if applicable) harmless against any and
all legal claims and demands, including reasonable attorneys fees which may arise from
or relate to Your use or misuse of the website or products, Your breach of this Agreement,
or Your conduct or actions. You agree that Michelle Elayne shall be able to select its own
legal counsel and may participate in its own defense, if Michelle Elayne wishes.
14) SPAM POLICY
You are strictly prohibited from using the website or any of Michelle Elayne’s products for
illegal spam activities, including gathering email addresses and personal information from
others or sending any mass commercial emails.
15) THIRD-PARTY LINKS & CONTENT
Michelle Elayne may occasionally post links to third party websites or other products. You
agree that Michelle Elayne is not responsible or liable for any loss or damage caused by
a result of Your use of any third-party products linked from Michelle Elayne’s website.
16) MODIFICATION & VARIATION
Michelle Elayne may, from time to time and at any time without notice to You, modify this
agreement. You agree that Michelle Elayne has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to this
Agreement are in full force and in effect immediately upon posting on the website and
that modifications or variations will replace any prior version of this Agreement, unless
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prior versions are specifically refereed to or incorporated into the latest modification or
variation of this Agreement.
A) To the extent any part of sub-part of this Agreement is held ineffective or invalid by
any court of law, You agree that the prior, effective version of this Agreement shall
be considered enforceable and valid to the fullest extent.
B) You agree to routinely monitor this Agreement and refer to the Effective Date
posted at the top of this Agreement to note modifications or variations. You further
agree to clear Your cache when doing so to avoid accessing a prior version of this
Agreement. You agree that Your continued use of the website after any
modifications to this Agreement is a manifestation of Your continued assent to this
Agreement.
C) In the event that You fail to monitor any modifications to or variations of this
Agreement, You agree that such failure shall be considered an affirmative waiver
of Your right to review the modified Agreement.
17) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between You and Michelle Elayne
with respect to any and all use of this website. This Agreement supersedes and replaces
all prior or contemporaneous agreements or understandings, written or oral, regarding
the use of this website.
18) TERM, TERMINATION & SUSPENSION
Michelle Elayne may terminate this Agreement with You at any time for any reason with
or without cause. Michelle Elayne specifically reserves the right to terminate this
Agreement if you violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of Michelle Elayne or a third party, failing to comply
with applicable laws or other legal obligations, and/or publishing or distributing illegal
material. If you have registered for an account with Michelle Elayne, You may also
terminate this Agreement at any time by contacting Michelle Elayne and requesting
termination. At the termination of this Agreement, any provisions that would be expected
to survive termination by their nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that Your use of the website and products is at Your sole and exclusive risk
and that any products provided by Michelle Elayne are on an “As Is” basis. Michelle
Elayne hereby expressly disclaims any and all express or implied warranties of any kind,
including, but not limited to the implied warranty of fitness for a particular purpose and the
implied warranty of merchantability. Michelle Elayne makes no warranties that the website
or products will meet Your needs. Michelle Elayne also makes no warranties as to the
reliability or accuracy of any information on the website. You agree that any damage that
may occur to You, through Your computer system, or as a result of loss of Your data from
Your use of the website or products is Your sole responsibility and that Michelle Elayne
is not liable for any such damage or loss.
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21) LIMITATION ON LIABILITY
Michelle Elayne is not liable for any damages that may occur to You as a result of Your
use of the website or products, to the fullest extent permitted by law. The maximum liability
of Michelle Elayne arising from or relating to this Agreement is limited to the greater of
one hundred ($100) US dollars or the amount You paid to the Company in the last six (6)
months. This section applies to any and all claims by You, including, but not limited to,
lost profits or revenues, consequential or punitive damages, negligence, strict liability,
fraud, or torts of any kind.
22) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this
Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the website or
products, You agree that the laws from the Company’s headquarters shall govern
any matter or dispute of any kind that may arise between You and the Company,
with the exception of its conflict of law provisions and that any dispute will be
venued in the United States District of Idaho or in Bonner County Court, Idaho.
C) GOOD FAITH RESOLUTION: In case of a dispute between You and Michelle
Elayne relating to or arising out of this Agreement, You and Michelle Elayne shall
first attempt to resolve the dispute personally and in good faith.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You. Should
this Agreement, or the rights granted hereunder by assigned, sold, leased or
otherwise transferred by Michelle Elayne, the rights and liabilities of Michelle
Elayne will bind and inure to any assignees, administrators successors, and
executors.
E) SEVERABILITY: If any part of sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and
sub-parts will be enforced to the maximum extent possible. In such donation, the
remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that Michelle Elayne fails to enforce any provision of this
Agreement, this shall not constitute a waiver of any future enforcement of that
provision or of any other provision. Waiver of any part of sub-part of this Agreement
will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under
this Agreement are for convenience and organization, only. Headings shall not
affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or
joint venture has been created between You and Michelle Elayne as a result of this
Agreement. Neither You nor Michelle Elayne has any authority to bind the other to
third parties.
I) FORCE MAJEURE: Michelle Elayne is not liable for any failure to perform due to
causes beyond its reasonable control, including but not limited to, acts of God, acts
of civil authorities, acts of military authorities, riots, embargoes, acts of nature and
natural disasters, and other acts which may be due to unforeseen circumstances.
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J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both You and Michelle Elayne under this Agreement, including e-mail
or fax. For any questions or concerns, please email Us at the following address:
info@michelleelayne.com