Terms of Use

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Welcome to 73artagency.com (Site).

By using the Site, you agree to the below Terms.

TERMS OF USE (TERMS).

Last Updated January 20, 2024

Introduction. The information contained in the Site, including but not limited to these Terms is subject to change without notice. Such modifications shall be effective immediately upon posting. Your use of the Site following any such change constitutes your agreement to follow and be bound by the revised Terms. By using this Site, you agree that Colorado law will govern these Terms and your relations with 73 Art Agency, without giving effect to any principles of conflicts of laws. The Site may permit you to link to other websites that may or may not be affiliated with the Site and/or 73 Art Agency, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such websites through links provided on the Site is governed by the terms of use and policies of those sites, not the Site.

Payment for Products and Shipping. 73 Art Agency accepts all major credit cards. Unless stated otherwise, shipping rates are for the United States only. Please contact customer service for international shipping. 73 Art Agency is not responsible for any customs or duties that may be incurred on international shipments.

Order Cancellation and Refunds. 73 Art Agency reserves the right to cancel purchases in exchange for a refund at any time, for any reason, and without prior notice. 73 Art Agency will notify customers as soon as possible to explain the reason for cancellation and to notify them about their refund. 73 Art Agency will process the refund to the original form of payment within 7 business days of cancellation.

Lost, Stolen, or Missing Orders. 73 Art Agency is not responsible for purchases that are lost, stolen, or which go missing for any reason. If a tracking number for your order shows a delivery confirmation, 73 Art Agency does not accept any responsibility for orders that are not received.

Returns. 73 Art Agency cannot accept returns for items purchased from 73 Art Agency. Please contact customer service if the artwork you have purchased is damaged.

Intellectual Property. 73 Art Agency and all content of the Site are protected by copyright laws, trademarks and/or other intellectual property rights. 73 Art Agency reserves the right to revise prices, details, terms and conditions, and all Site content at any time without notice. All items are subject to availability. The Site may link to third-party websites for user’s convenience, but has no control over the content or policies of third-party websites. All images on the Site may not be reproduced or used in any manner without express written permission by 73 Art Agency and where appropriate the relevant artist.

Referrals and Affiliates. 73 Art Agency receives referrals of customers through hyperlinks from affiliates. Websites operated by these affiliates are not owned by 73 Art Agency. 73 Art Agency has no control over and expressly disclaims any responsibility for the content, operation, or business practices of such affiliates or their websites. If you arrive at the Site through a link from an affiliate, please review that affiliate's privacy policy to learn if and how the affiliate will collect and use information about you.

Feedback and Suggestions. Your opinions matter, and 73 Art Agency encourages you to email suggestions for improving its products and services at info@73artagency.com. Unless 73 Art Agency has entered into a written contract signed by both sides concerning use of your ideas before you disclose them, you agree that 73 Art Agency may use your voluntary submissions at its sole discretion and has no obligation to pay you for them.

Warranty Disclaimers. The Site and its products and services are provided on an "As Is" and "As Available" basis, with all faults. To the maximum extent permitted by applicable law, 73 Art Agency disclaims all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, 73 Art Agency makes no warranty, express or implied, (i) as to the operation or content of the Site, (ii) that use of the Site will be uninterrupted or error-free, (iii) as to the accuracy, reliability, or currency of the Site's content, (iv) that the Site, the servers that host it, or emails sent to you are free of viruses, or (v) that information collected on the Site is immune from access by hackers and other unauthorized users. Applicable law may not allow exclusion of implied warranties, so some or all of the above disclaimers may not apply to you.

Limitation of Liability. In no event, including its own negligence, shall 73 Art Agency be liable for any damages in excess of the price paid for the products you have purchased, that result from your use of or inability to use or access the Site, or the products, even if resulting from your reliance on information in the Site's content or from mistakes, omissions, service interruptions, the deletion, degradation, or corruption of files or email, software errors or defects, viruses, delays in operation or transmission, communication failure, theft, destruction, or unauthorized access to 73 Art Agency records and data, programs, or services. Neither 73 Art Agency nor its suppliers shall be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or the purchase of products or services, or from any information, content, materials, products (including software), or other services made available to you through the Site, even if any of them have been advised of the possibility of such damages.

Indemnification. You agree to indemnify, defend, and hold harmless 73 Art Agency, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the Terms.

Disputes. You agree that to the maximum extent permitted by applicable law, courts located in the State of Colorado, will have sole and exclusive jurisdiction for any litigation arising out of your use of the Site and products you purchase on the Site. You submit to personal jurisdiction of any such court and waive any claims that the forum is inconvenient or the court does not have jurisdiction. If any provision of the Terms is unlawful, void, or unenforceable under applicable law, you and 73 Art Agency submit to modification of such provision so as to make it enforceable, or if modification is not possible, to severance of the offending provision and enforcement of the remainder of the Terms. To the fullest extent permissible by law, you hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Site, 73 Art Agency, any and all contracts you enter into with 73 Art Agency, and any and all of 73 Art Agency products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration conducted under the rules of the American Arbitration Association to occur in the State of Colorado. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against 73 Art Agency. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Termination. 73 Art Agency may, in its sole discretion, terminate your use of the Site at any time. 73 Art Agency reserves the right to change, suspend, or discontinue any or all aspects of the Site or its content at any time without prior notice.

Entire Agreement. The Terms, and each obligation referenced herein, represent the entire agreement and understanding between you and 73 Art Agency on its subject matter, and supersede any prior statements or understandings on that subject matter.