TERMS AND CONDITIONS
Terms & Conditions
Use of lindseywayland.com (the “Site”) is subject to the following Terms and Conditions. These Terms and Conditions apply to any products, services, material, content or resources made available through the Site (collectively, the “Services”). By visiting or using the Site, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.
When you place an order, you may be asked to provide personal information, including your name, email address, mailing address, phone number, payment information. You agree that any information that you provide to LINDSEY WAYLAND through the Site or otherwise is current and accurate. You agree not to impersonate another individual or entity, to provide any account information or email address other than your own, or to use your account for any illegal or unauthorized purpose. For information regarding our gathering and usage of your personal information.
We will email you to confirm the placement of your order and to provide other details concerning your order, including shipping information. You agree to review any shipment upon delivery and to notify us of any issues or concerns with the shipment within five (5) days of delivery at firstname.lastname@example.org.
We reserve the right to refuse to service any order, person or entity, without an obligation to provide an explanation. No order is deemed accepted until payment is processed. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to fulfilling our previous responsibilities to you based on acceptance of your payment.
All shipping costs will be totaled onto your final invoice. If the CLIENTS product is needed quickly, the rush shipping fee will be reflected on the final invoice.
LINDSEY WAYLAND insures each shipment and shipping price will reflect this. The shipment will also require signature upon delivery.
You agree to review any shipment upon delivery and to notify us of any issues or concerns with the shipment within five (5) days of delivery at email@example.com.
Due to the custom nature of the products or services purchased through LINDSEY WAYLAND and the "Site," returns are not accepted.
OUR INTELLECTUAL PROPERTY
All artwork and lettering used in items purchased through the Site is the sole property of LINDSEY WAYLAND. The Site contains intellectual property owned by Lindsey Wayland, including trademarks, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or in any way exploit any of the content or intellectual property of LINDSEY WAYLAND, in whole or in part, without prior written consent. We reserve the right to immediately remove you as CLIENT and deny a refund if you violate this policy.
The Site and Services may contain links to third-party sites and resources. We are not responsible for the availability, accuracy, content or policies of third-party websites or resources. Links to third-party sites or resources do not imply any endorsement by or affiliation with Lindsey Wayland.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, LINDSEY WAYLAND IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LINDSEY WAYLAND HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LINDSEY WAYLAND'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM LINDSEY WAYLAND, AND IF NO PURCHASE HAS BEEN MADE BY YOU LINDSEY WAYLAND’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site and LINDSEY WAYLAND. You shall provide us with any assistance, without charge, as we may request in connection with any defense, including, without limitation, providing us with information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
PAYMENT & DEPOSIT
LINDSEY WAYLAND accepts payment in full prior to beginning any project totaling less than three hundred and fifty dollars ($350). Orders totaling more than three hundred and fifty dollars ($350) require a 50% non-refundable deposit to start the work. The remaining 50% of payment will be billed to the CLIENT prior to shipping. All orders less than three hundred and fifty dollars ($350) are to be paid in full prior to the start of work. If LINDSEY WAYLAND has not put in the full amount of work, a refund can be arranged for as much as 50% of any project less than three hundred and fifty dollars ($350), however, if the full amount of work has been completed, there can be no refund issued.
GOVERNING LAW, VENUE AND MEDIATION
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Washington as applied to contracts executed and performed entirely in Washington. The exclusive venue for any action, arbitration or other proceeding based on or arising out of these Terms and Conditions shall be in the City of Port Townsend, Washington.
You agree to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation. You agree that your good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
If any term, provision, covenant or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and not be affected, impaired or invalidated.
CHANGES TO THIS POLICY
We may from time to time modify these Terms and Conditions. Any modifications will be posted to the Site. You agree that it is your responsibility to periodically review the Site and these Terms and Conditions and to be aware of any modifications.
If you have any questions about our Terms and Conditions, please email us at firstname.lastname@example.org.