Terms of Use
These General Terms and Conditions of Use ("Terms") are entered into by and between you and WESTON GALLERY, LLC. ("WESTON GALLERY"). In consideration of your use of and access to this Internet site, and other websites on which these Terms are posted or expressly referenced ("WESTON GALLERY Site"), and the promises and obligations herein, and intending to be legally bound, you and WESTON GALLERY hereby agree as follows:
Your access to and use of the WESTON GALLERY Site is subject to these Terms, which incorporate the separately posted Privacy Policy. BY USING THE WESTON GALLERY Site, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the WESTON GALLERY Site.
1. Purchase Policies
If you make a purchase at the WESTON GALLERY Site, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on the "Introduction & Policies" page, which are hereby incorporated into and made part of these Terms. Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.
2. Changes in Terms
WESTON GALLERY shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the WESTON GALLERY Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the WESTON GALLERY Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by WESTON GALLERY to these Terms. ANY ACCESS OR USE OF THE WESTON GALLERY Site BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than WESTON GALLERY shall be valid or enforceable against WESTON GALLERY unless expressly agreed to by WESTON GALLERY in a writing signed by a duly authorized officer of WESTON GALLERY.
3. Termination
These Terms are effective until terminated by WESTON GALLERY. WESTON GALLERY may terminate these Terms without notice and at any time in connection with any of the WESTON GALLERY Site. In the event of termination, you are no longer authorized to access those WESTON GALLERY Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
WESTON GALLERY shall also have the right without notice and at any time to terminate some or all of the WESTON GALLERY Site or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the WESTON GALLERY Site or any feature or portion thereof.
4. Intended users
The WESTON GALLERY Site is not intended for or directed at children under the age of 13.
5. Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by WESTON GALLERY on or through the WESTON GALLERY Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. WESTON GALLERY may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on WESTON GALLERY in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by WESTON GALLERY or by third parties that have licensed their use to WESTON GALLERY. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, WESTON GALLERY does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the WESTON GALLERY Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by WESTON GALLERY, is strictly prohibited.
WESTON GALLERY makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the WESTON GALLERY Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the WESTON GALLERY Site from any territory where its contents are illegal, and that you, and not WESTON GALLERY, are responsible for compliance with applicable local laws.
6. Disclaimer and Limitation of Liability as to the WESTON GALLERY Site, Content, Products and Services
WESTON GALLERY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WESTON GALLERY Site OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. WESTON GALLERY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WESTON GALLERY Site OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WESTON GALLERY Site OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WESTON GALLERY Site IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WESTON GALLERY Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WESTON GALLERY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE WESTON GALLERY Site OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WESTON GALLERY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permissible by applicable law, WESTON GALLERY disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through WESTON GALLERY Site. Without limiting the generality of the foregoing, WESTON GALLERY expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
7. Indemnification
You agree to defend, indemnify, and hold harmless WESTON GALLERY, WESTON GALLERY's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the WESTON GALLERY Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the WESTON GALLERY Site or any product or service provided to you arising out of or relating to your use of the WESTON GALLERY Site.
8. Third-Party Content Disclaimer
The WESTON GALLERY site routinely contains links to external, third party websites. By providing links to other websites, WESTON GALLERY does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to WESTON GALLERY. WESTON GALLERY does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to WESTON GALLERY Site assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
9. Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by WESTON GALLERY of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the WESTON GALLERY Site shall not be construed as WESTON GALLERY's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New Jersey. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law provisions. Additionally, any claims brought against WESTON GALLERY shall be governed by and construed in accordance with the laws of the State of New Jersey. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the WESTON GALLERY Site, or any services provided through WESTON GALLERY Site, shall be in the state or federal courts located in the State of New Jersey.
Last Updated: 11/26/2013
Your access to and use of the WESTON GALLERY Site is subject to these Terms, which incorporate the separately posted Privacy Policy. BY USING THE WESTON GALLERY Site, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the WESTON GALLERY Site.
1. Purchase Policies
If you make a purchase at the WESTON GALLERY Site, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on the "Introduction & Policies" page, which are hereby incorporated into and made part of these Terms. Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.
2. Changes in Terms
WESTON GALLERY shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the WESTON GALLERY Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the WESTON GALLERY Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by WESTON GALLERY to these Terms. ANY ACCESS OR USE OF THE WESTON GALLERY Site BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than WESTON GALLERY shall be valid or enforceable against WESTON GALLERY unless expressly agreed to by WESTON GALLERY in a writing signed by a duly authorized officer of WESTON GALLERY.
3. Termination
These Terms are effective until terminated by WESTON GALLERY. WESTON GALLERY may terminate these Terms without notice and at any time in connection with any of the WESTON GALLERY Site. In the event of termination, you are no longer authorized to access those WESTON GALLERY Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
WESTON GALLERY shall also have the right without notice and at any time to terminate some or all of the WESTON GALLERY Site or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the WESTON GALLERY Site or any feature or portion thereof.
4. Intended users
The WESTON GALLERY Site is not intended for or directed at children under the age of 13.
5. Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by WESTON GALLERY on or through the WESTON GALLERY Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. WESTON GALLERY may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on WESTON GALLERY in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by WESTON GALLERY or by third parties that have licensed their use to WESTON GALLERY. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, WESTON GALLERY does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the WESTON GALLERY Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by WESTON GALLERY, is strictly prohibited.
WESTON GALLERY makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the WESTON GALLERY Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the WESTON GALLERY Site from any territory where its contents are illegal, and that you, and not WESTON GALLERY, are responsible for compliance with applicable local laws.
6. Disclaimer and Limitation of Liability as to the WESTON GALLERY Site, Content, Products and Services
WESTON GALLERY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WESTON GALLERY Site OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. WESTON GALLERY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WESTON GALLERY Site OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WESTON GALLERY Site OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WESTON GALLERY Site IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WESTON GALLERY Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WESTON GALLERY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE WESTON GALLERY Site OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WESTON GALLERY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permissible by applicable law, WESTON GALLERY disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through WESTON GALLERY Site. Without limiting the generality of the foregoing, WESTON GALLERY expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
7. Indemnification
You agree to defend, indemnify, and hold harmless WESTON GALLERY, WESTON GALLERY's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the WESTON GALLERY Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the WESTON GALLERY Site or any product or service provided to you arising out of or relating to your use of the WESTON GALLERY Site.
8. Third-Party Content Disclaimer
The WESTON GALLERY site routinely contains links to external, third party websites. By providing links to other websites, WESTON GALLERY does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to WESTON GALLERY. WESTON GALLERY does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to WESTON GALLERY Site assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
9. Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by WESTON GALLERY of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the WESTON GALLERY Site shall not be construed as WESTON GALLERY's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New Jersey. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law provisions. Additionally, any claims brought against WESTON GALLERY shall be governed by and construed in accordance with the laws of the State of New Jersey. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the WESTON GALLERY Site, or any services provided through WESTON GALLERY Site, shall be in the state or federal courts located in the State of New Jersey.
Last Updated: 11/26/2013
