PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.
LICENSE AND WEBSITE ACCESS
We grant you a limited, revocable license to access and make personal use of the website as our visitor or customer.
However, you are not permitted to:
reproduce, duplicate, copy, sell or otherwise exploit any website image, listing, description, price, layout, design, trade dress, trademark, logo or other Website Content for any commercial purpose, except as expressly provided
use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology)
use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website
engage in any activity that interferes with the website or another user’s ability to use the website
COPYRIGHT AND INTELLECTUAL PROPERTY
The Site is owned by Colleen James. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Colleen James, unless otherwise noted, and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
All trademarks, service marks and trade names of Colleen James used in the site are trademarks or registered trademarks of Colleen James.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Frans Lanting Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Colleen James does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Frans Lanting Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Colleen James shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Colleen James has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Colleen James product is mistakenly listed at an incorrect price, Colleen James reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Colleen James reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Colleen James shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Colleen James without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Colleen James may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Colleen James.
Your use of this site shall be governed in all respects by the laws of the state of Arizona, USA, without regard to choice of law provisions, and not by the 1980 UN Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Colleen James products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Colleen James products) must be commenced within one (1) year after the claim or cause of action arises. Colleen James’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Colleen James may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Colleen James or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Frans Lanting Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Colleen James may link to sites operated by third parties. However, even if the third party is affiliated with Colleen James has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Frans Lanting Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Colleen James seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
SUBJECT TO CHANGE WITHOUT NOTICE