Terms of Use

License and Website Access

Jim grants you limited, revocable license to access and make personal use of this website as a customer, however you are not permitted to : a. Reproduce, duplicate, copy or sell or otherwise exploit the website or any product, image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other consent (“Website Consent”) for any commercial purpose, except as expressly provided. b. Use of a robot, spider, data mining, extraction tool or process to monitor, extract or copy of Website Content (except in the operation or use of internet “search engines”, hit counters or similar technology). c. Use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website. d. Engage in any activity that interferes with the website or another user’s ability to use the website. e. Modify, create derivative works from reverse engineering, decompile or disassemble any technology used to provide the website and the services offered on the website. f. Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that I provide to you by e-mail satisfy and legal requirement that such communications be in writing. If you opt in to receive SMS (text messages) from jsimmonsart.com (Jim Simmons as/when available) or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.

By opting in, you agree to receive promotional SMS text messages on your mobile device. By agreeing to receive SMS messages from jsimonsart.com you certify that you are over 18 years of age and (a) you are the mobile account holder of (b) you have the account holders’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or use of a mobile application. All such charges are billed by ad payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service charges made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. I reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at my sole discretion.

Copyright

All website content is my property 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 software used on the Website is my property or the property of my software supplier and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts and service names are trademarks, service marks, or trade dress on mine or affiliated companies. My trademarks and trade dress may not be used for any commercial or other purposes without my prior written consent. All other trademarks and services not owned by jsimmonsart.com or my affiliated companies that appear on the website are that property of their respective owners and may not be used without their prior written consent.

Copyright & Trademark Compliance, Complaints

I honor the intellectual property rights of others. If you believe that your work has been copied or used o the website in any way that constitutes copyright or trademark infringement, please notify me by the following procedure set forth i the immediately following paragraph. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, I will remove such actual or alleged infringing product(s) from the website and/or cease sales on the product(s) pending my investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement: If you believe that your work has been copied, distributed or used on this website in a way that constitutes copyright or trademark infringement, please fill out a ‘Notice of Infringement’ form, sign where indicated and email to jsimmonsart.com or submit to: Jim Simmons, P.O. Box 222, Kenwood CA 95452

Notice to California Residents

Some of the frames I use may contain composite wood products such as particleboard and medium-density fiberboard (MDF). My suppliers have assured me that these wood components are tested for safety in accordance with the California Composite wood Products airborne Toxic Control Measure (ATCM). I do my best to verify with my suppliers that all my products comply with applicable Phase 2 formaldehyde emission standards.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via my website, by mail or through one of my website operation partners, or social media channels. You agree not to submit, transmit or otherwise make available in any manner, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of other’s privacy or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although I do not regularly review content you submit, I reserve the right to edit or remove any content that I find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify and hold me harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant or warrant that the owner of such content has expressly granted to me a royalty-free, perpetual, irrevocable, word wide, unlimited, non-exclusive right and license to use, reproduce, create any derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to y, or anyone else. I take no responsibility an assume no liability for any content posted by visitors to my website.

Suggestions and Ideas

Visitors may submit suggestions, ideas or questions to jsimmonsart.com. By doing so, you acknowledge that I will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

Limitation of Liability

I do not accept responsibility that the website, its servers or e-mails sent from the website are free from viruses or other harmful components. I will not be liable for any damages of any kind arising from the use of the website and its products, including but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do no allow limitation as contained in this clause. If these laws apply some or all of the above limitations may not apply to you and you may have additional rights.

Indemnification

You agree to indemnify, defend and hold harmless jsimmonsart.com and its owner, agents, suppliers, employees, licensors, service providers fro any claim or demand, including reasonable attorneys fees, made by any third-part due to or arising out of your breach of these ‘Terms Of Service’ or the documents they incorporate for reference, or your violation of any law or rights of a third-party.

Accuracy, Completeness And Timeliness of Information

I am not responsible if the information made available on this site is not accurate, complete or current. I attempt to describe the products offered as accurately as possible, however I do not warrant that the product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered my me is purchased and not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update the contents of this site at any time, but I have obligation to update any information on my site. You agree that this is your responsibility to monitor changes to my site.

Disputes

Any dispute or claim relating in any way to your use of jsimmonsart.com, to purchases from jsimmonsart.com, will not exceed the purchase amount of the product and will be resolved in binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claim(s) qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit to enjoin infringement or otherwise misuse of intellectual property rights.

Applicable Law

By placing an order with jsimmonsart.com, you agree that the Federal Arbitration Act, applicable federal law and the state of California, without regard to principles of conflict of laws, will govern these Terms and Condition and any dispute of any sort that arise between you and jsimmonsart.com.

Severability

In the event that any provision of these ’Terms of Use’ is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ‘Terms of Use’, such determination shall not affect the validity and enforceability of ay remaining provisions.

Entire Agreement

The failure of me to exercise or enforce any right of provision of these ‘Terms of Use’ shall not constitute a waiver of such rights or provision. These ‘Terms of Use’ and any policies or operating rules posted by me on this site, or in respect to the use constitutes the entire agreement and understanding between you and me and govern your use of the website and products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and I (including, but not limited to, any prior versions of the ‘Terms of Use’). Any ambiguities in the interpretation of these ‘Terms of Use’ shall not be construed against the drafting party.