Frank Oliva Island Art Terms & Conditions

Last updated: August 2022

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1. Overview

Welcome to the Terms of Use ("User Agreement") for the website (“Site”) FrankOlivaIslandArt.com. This Terms of Use describes the terms and conditions applicable to your use of our website. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Use and those contained in our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our website.

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2. Eligibility

Our website is available only to, and may only be used by individuals who can form legally buying contracts under applicable law. Without limiting the foregoing, our website is not available to minors (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.

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3. Buyer

Fill correct information for contact, payment and shipping. As a buyer, you are obligated to complete the transaction legally and without malicious intent. You must be legally able to buy the item(s) you select to buy from the Site.

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4. Your Information And Activities

Your information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the use of counterfeit or stolen methods of payment; and (c) create liability for us or cause us a loss (in whole or in part).

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5. Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of buyers' privacy as a very important principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available on our website. If you object to your Information being transferred or used in this way please do not use our website.

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6. No Warranty

WE PROVIDE OUR WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

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7. Liability Limit

N NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT YOU PAY TO US.

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8. Indemnity

You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

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9. General

This Agreement shall be governed in all respects by the laws of the State of Hawai’i as such laws are applied to agreements entered into and to be performed entirely within Hawai’i. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

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