Terms of Use (TOU)
Agreement

ARTISTIC FUEL TERMS OF USE AGREEMENT

Effective Date: February 1, 2024

 

Welcome to Artistic Fuel!  We are a website and associated apps dedicated to:

 

• Promoting the development and display of, and further knowledge about, the traditionally recognized “seven arts” of architecture, sculpture, painting, literature, music, performing, and film, as well as all other forms of artistic expression, however titled or categorized, including, for example, works commonly labeled as “crafts”;

• Promoting education about and in the arts;

• Encouraging and assisting individuals to explore their artistic abilities, interests, and talents; and

• Providing a platform on which individuals may display their artistic abilities and creations.

 

Please read these Terms of Use (“these Terms”) carefully. Your access to our website www.artisticfuel.com and our associated apps and your use of Our Services, which are described in Section 1.1 below, are subject to these Terms.

 

In these Terms, we are referred to sometimes as “we,” “our,” or “us,” and sometimes as “Artistic Fuel.” And when we speak of “Artistic Fuel,” “we,” “our,” or “us,” we mean Artistic Fuel, LLC, and its affiliates.

 

By using, visiting, browsing, or otherwise accessing OUR website OR ASSOCIATED APPS or USING Our Services you accept and agree to these terms ON BEHALF OF YOURSELF AND ALL MEMBERS OF YOUR HOUSEHOLD AND OTHERS WHO USE ANY OF OUR SERVICES OR ACCESS OUR WEBSITE OR ASSOCIATED APPS UNDER YOUR ACCOUNT OR IN YOUR NAME. If you do not agree to all of these Terms, including the mandatory binding arbitration provisions and class action waiver in section 12, do not access OUR website OR ASSOCIATED APPS or USE OUR Services.

 

SECTION 1.  OUR SERVICES; LICENSE; EXCLUSIVE RIGHTS

1.1     Our Services.  "Our Services" means our website and associated apps any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages, and other materials, products, services, and technology owned by Artistic Fuel or any of its affiliates, licensors, partners, or end-users and made available to you by Artistic Fuel. Some or all of Our Services may not be available in your location, may vary among locations, and may not be appropriate or available for use in any or all locations. In our sole discretion, but without any obligation to do so, we may provide upgrades, updates, and maintenance of and support for Our Services. Our Services are not intended to be, nor should you consider them to be, specific advice; they are for informational purposes only.

 

1.2     License.  Subject to these Terms, we are pleased to grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use Our Services solely for your personal, non-commercial use. You agree not to access or use Our Services through any interface other than the one we provide specifically for that purpose. Without prior written permission from us, which we do not have to give, no other use is permitted. Your permission to access and use Our Services is, and at all times will be, contingent upon your complying with these Terms.

 

1.3     Exclusive Rights of Artistic Fuel.  We, and our affiliates, licensors, and partners, exclusively own and hold all rights, title, and interest in and to Our Services, including, without limitation, any and all intellectual property, proprietary rights and derivatives, revisions, enhancements, modifications, and condensations of Our Services. You understand and agree that you do not have, and you will not receive or otherwise acquire, any ownership or other rights in Our Services other than the right to access and use Our Services in accordance with and subject to these Terms. You also agree that you will not directly or indirectly contest our ownership of Our Services.

 

SECTION 2.  PAID MEMBERSHIP PLANS

2.1     Paid Membership Plans.  We offer the opportunity to subscribe for membership plans (a “Paid Membership Plan”) that will provide you with certain benefits, opportunities, and services in addition to those available to users of our free service. When you purchase a Paid Membership Plan, you will be entering into a separate contract that has requirements in addition to these Terms. You notify us of your desire to subscribe by purchasing the Paid Membership Plan via our website or mobile application. Your contract for the Paid Membership Plan will be complete, and our additional services associated with your Paid Membership Plan will commence, as of the time at which we send you an email confirming your purchase. We reserve the right to refuse any subscription, in which case we would notify you by email and refund any amounts you may have paid for that subscription.

 

2.2     Payment; Taxes.  We may make available various payment processing methods to facilitate the purchase of your Paid Membership Plan, including Apple Pay, Google Pay, Visa, Mastercard, Discover, American Express and gift cards. By subscribing you authorize us to charge your chosen payment provider for the subscription amount. Please refer to “Payment Terms” in the “Ecommerce Store” section of these Terms (Section 13.6 below) regarding credit card purchases, all the provisions of which apply to subscription payments. We also refer you to the “Taxes” section of these Terms (Section 13.8 below) regarding taxes, all the provisions of which also apply to subscription payments.

 

2.3     Price Increases.  When you purchase a Paid Membership Plan, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the subscription price for the Paid Membership Plan increases later, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 30 days' prior notice before the charge is made. If you are given less than 30 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a Paid Membership Plan, you may cancel your Paid Membership Plan at any time before the next payment would be due by the same method by which you initially subscribed for the Paid Membership Plan, and you will not be charged further amounts for the Paid Membership Plan. If your Paid Membership Plan is canceled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

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2.4     Renewal.  Unless you cancel your Paid Membership Plan, as described above in “Price Increases,” your Paid Membership Plan will automatically renew on the first day of each month, and you will be automatically charged at the subscription rate in effect for that next monthly subscription period, as to which you authorize us to charge your chosen payment provider. However, we may not charge before the beginning of each billing period. Once you cancel your Paid Membership Plan, you will immediately lose access to the benefits, opportunities, and services a Paid Membership Plan provides unless we expressly agree otherwise in writing, which we do not have to do. When you cancel your Paid Membership Plan, you will also lose access to your hosted data, images and other information, any or all of which we may purge.

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2.6     All Subscriptions Final.  All Paid Membership Plan subscriptions are final, and refunds are not permitted. If for any reason, however, a refund is granted, the subscription would be canceled, and you would no longer be able to access the Paid Membership Plan you acquired through that subscription.

 

SECTION 3.  YOUR OBLIGATIONS

3.1     Your Information.  You agree to (a) provide accurate, current, and complete information about you (“Your Information”) in your Artistic Fuel account and on Our Services on any registration form we request; (b) maintain the security of your password and user name; (c) maintain and promptly update Your Information and any other information you provide to us and keep it accurate, current, and complete; (d) comply with these Terms and all applicable laws, rules, regulations, and governmental orders; and (e) accept all risks of unauthorized access to Your Information. You have sole responsibility for the adequate protection and backup of data and for the equipment, hardware, software, infrastructure, internet connections, technology, and other services you use to access or connect with Our Services. You are responsible for all activities that occur using your password, username, or Artistic Fuel account, regardless of whether those activities are undertaken by you or someone else. If you provide us information that, in our judgment, is false or incomplete, we may cancel your Paid Membership Plan (if you have one) and stop providing Our Services to you. We also have the termination rights explained below in Section 6.2 of these Terms.

 

3.2     Your Responsibilities.  You are entirely and exclusively responsible for all information you upload, display on, post to, or otherwise transmit by or through Our Services. You agree not to upload, post, or otherwise transmit by or through Our Services any information that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to us or other users of Our Services; (b) is fraudulent, false, or misleading, including, for example, asking for money under false pretenses, impersonating someone else, or manipulating Our Services to affect rankings, ratings, or comments; (c) includes unauthorized disclosure of personal information or violates any law, rule, regulation, or governmental order; (d) violates or infringes upon anyone's intellectual property, publicity, or other rights; (e) is tortious; or (f) contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right, without notice to you, to edit or remove any information that contains third-party commercial advertisements or, in our judgment, violates any provision of this Section 3.2. Additionally, you are responsible for all costs and expenses that may be associated with your use of Our Services

 

3.3     Prohibited Use of Our Services.  You agree not to use Our Services to (a) transmit spam or bulk or unsolicited email, postings, contact requests, text messages, or instant messages; (b) engage in any activity that exploits, harms, or threatens to harm children; (c) pretend to be Artistic Fuel or someone else; (d) spoof Artistic Fuel's or someone else's identity; (e) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (f) misrepresent your affiliation with a person or entity; (g) disrupt Our Services or otherwise act in a manner that negatively affects anyone else’s ability to use Our Services; (h) engage in activities that would violate any fiduciary relationship; any applicable local, state, national, or international law; or any regulation or governmental order having the force of law; (i) compromise, or attempt to compromise, the security of any networked account or site, operate an illegal lottery or gambling operation, or stalk or make threats of harm; (j) collect, store, or provide to us any personal data about any other user of Our Services unless expressly authorized in writing by both that other user and us; (k) infringe on anyone’s copyright, trademark, logo, patent, trade secret, or other proprietary right; (l) upload, or otherwise make available, files that contain any person’s photograph or likeness without that person’s consent; or (m) engage in any activity that violates the privacy of others.

 

3.4     Prohibited Activities.  In addition to the prohibitions involving the use of Our Services described in Section 3.3, above, you represent, warrant, and agree that you will not (a) modify or otherwise make any derivative uses of Our Services or any of them; (b) use any data mining, robots, or similar data gathering or extraction methods, download (other than page caching) of any of Our Services or any information contained within Our Services; (c) attempt to access areas or features of Our Services that you are not authorized to access; (d) engage in any activity that would compromise the security of Our Services or our website or associated apps; (e) reverse engineer or unlawfully access or otherwise use any of Our Services, our website or our app, or any of our software or technology in order to build a competitive product or service; (f) use any of Our Services or our website or associated apps in any manner that could damage, disable, overburden, or impair the functioning of Our Services or our website or associated apps in any manner; or (g) use Our Services or access our website or associated apps other than for their intended purposes or in any manner that would infringe on any of these Terms or any term or condition of the Privacy Policy.

 

SECTION 4.  CONTENT

4.1     Your Content; Output.

 

(a)  Any and all content, ratings, feedback, preferences, prompts and other information (“Your Content”) you provide to us remains solely yours. We do not, and will not, own any of Your Content. We are not responsible for Your Content; you are. We may use Your Content for troubleshooting purposes, but only while your session is open. We do not, and will not, retain or store Your Content once your session ends.

 

(b)  If we use Your Content to produce and send to you output we develop from Your Content (“Your Output”), we will assign to you all rights to Your Output. You will not have any copyright or other intellectual property rights in or to Your Output. It will be in the public domain. We do not, and will not, own Your Content. However, we will retain Your Content for so long as we are legally required to do so.

 

(c)  You understand that we may use the services of third parties to produce Your Output, in connection with which we may provide Your Content to those third parties. We cannot assure you that those third parties will not retain Your Content or Your Output. We are not, and will not be, responsible for how those third parties uses Your Content or Your Output, and we are not, and will not be, directly or indirectly liable for any actual or alleged damage or loss caused by the use of Your Content or Your Output by any of those Third Parties.

 

(d)  Our Services may allow you to store or share Your Content or receive material from others. When you share Your Content with other people, you understand they may be able to use, save, record, reformat, reproduce, broadcast, transmit, share, or display Your Content without compensating you. If you do not want others to have that ability, do not use Our Services to share Your Content. You represent and warrant to us that you have, and for so long as you are a subscriber to Our Services or have an Artistic Fuel account will have, all the rights necessary for Your Content that is uploaded, stored, or shared on or through Our Services, and that the collection, use, and retention of Your Content will not violate any law or rights of others. We are not responsible for material others upload, store, or share using Our Services.

 

(e)  You understand that, unless otherwise stated in this Agreement or in the Artistic Fuel Privacy Policy, which is described in Section 11 of these Terms, any of Your Content that you provide to us will be provided on a strictly nonconfidential basis intended for public consumption and without the expectation of royalties or other obligation to you. We are, and will be, free to use or disseminate any and all of Your Content on an unrestricted basis for any purpose, and you grant to us an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reformat, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell, and publish Your Content on an unrestricted basis for any purpose. You represent and warrant to us that you are authorized to grant that license and its attendant rights, including, without limitation, rights for the worldwide transfer and processing among Artistic Fuel and its affiliates and third-party providers of any of Your Content you provide by or through Our Services. We will not be directly or indirectly liable for or have any responsibility with respect to any of Your Content you provide to us or place on Our Services, including, without limitation, liability for any actual or alleged damage or loss caused by or in connection with any person’s use of or reliance on any of Your Content.

 

4.2     Third-Party Content.  You may find third-party content or links to third-party internet sites or resources on Our Services. We are not, and will not be, responsible for activities of third parties or the availability of any third-party content, links, or external sites or resources, and we do not endorse, and will not be responsible for, any content, advertising, products, or other materials available from third parties or on their sites or resources. We are not, and will not be, directly or indirectly liable for any actual or alleged damage or loss caused by or in connection with your use of or reliance on third-party content.

 

SECTION 5.  INDEMNITY

5.1     Indemnity.  You agree to indemnify, defend, and hold harmless Artistic Fuel and its subsidiaries, affiliates, licensors, members, managers, employees, partners, and suppliers, and their respective shareholders, officers, directors, members, managers, agents, licensors, suppliers, customers, alliance members, partners, employees, and representatives, from any and all claims made or brought by any third party, including, without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, and demands, and all costs and expenses, including, without limitation, reasonable attorneys' fees and court and arbitration fees and expenses, directly or indirectly caused by, relating to, or arising out of (a) Your Information, Your Content, or any other information or materials you provide to us; (b) your access to or use of Our Services; (c) your violation of these Terms; or (d) your violation of the rights of others.

 

SECTION 6.  CHANGE OF TERMS; TERMINATION OF OUR SERVICES

6.1     Our Right to Change Terms.  We may make changes to these Terms periodically. If we make material changes, which means changes that could have an important impact or effect on you, we will post the changed Terms to our website and associated apps and update the “Effective Date” above. We may, but are not obligated to, also notify you of changes by sending an email notification of changed Terms to the email address associated with your user account. Therefore, it is important that you keep your account information, including your email address, up to date. A material change to these Terms will be automatically effective 30 days after the changed Terms are first posted to our website or associated apps or, for users who register or otherwise provide opt-in consent during the 30-day period, at the time of registration or consent, respectively. Your continued access to our website or associated apps or use of Our Services after a change becomes effective confirms your acceptance of the change. If you are dissatisfied with any change to these Terms, your only remedy is to stop accessing our website and associated apps and using Our Services.

 

6.2     Our Right to terminate Our Services.  If you violate any of these Terms, we have the right to immediately terminate your right to access our website and associated apps and use Our Services without prior notice to you. We will not be liable to you or any third party for any deletion, modification, limitation, suspension, or termination of any or all of Our Services, or any related information or files, or any loss of related information.

 

SECTION 7.  ADVERTISEMENTS AND PROMOTIONS

7.1     Advertising.  We may run advertisements and promotions on Our Services, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than Artistic Fuel you find on or through Our Services are solely between you and the advertiser or other company. We will not be responsible for any loss or damage of any type you or anyone else suffers or incurs as the result of any such dealings or as the result of the presence of advertisements or promotions, or links to advertisements or promotions, on Our Services.

 

SECTION 8.  INTELLECTUAL PROPERTY RIGHTS

8.1     No Reproduction or Unauthorized Use of Our Services.  Except as expressly authorized in writing by us, which we do not have to do, you must not reproduce, link to (by hyperlink or otherwise), modify, rent, copy, lease, loan, license, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display, or create derivative works of any or all of Our Services by any means. You must not, for example, publish any of Our Services, or the link to any of Our Services, on any internet, intranet, or extranet site or incorporate any of Our Services in any product, database, compilation, archive, or cache. You must not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership.

 

8.2     Artistic Fuel Trademarks.

(a)  "Artistic Fuel Trademarks" means all names, marks, brands, logos, colors, designs, trade dress, slogans, and other designations we use in connection with Our Services. You agree to comply with all Artistic Fuel Trademarks usage requirements that are in effect at any time and from time to time. You must not use, remove, or alter any Artistic Fuel Trademarks or co-brand your own products or material with Artistic Fuel Trademarks without our prior written consent, which we do not have to give.

 

(b)  You acknowledge our rights in Artistic Fuel Trademarks and agree that any use of Artistic Fuel Trademarks by you must benefit only us. You agree not to incorporate any Artistic Fuel Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations for use on or in connection with computer or internet-related products, services, or technologies.

 

8.3     Intellectual Property Rights of Others.  We are committed to respecting the intellectual property rights of others, and we require our users to do the same. If you believe your work has been copied in a way that constitutes a copyright infringement of Our Services, please contact us at info@artisticfuel.com.

 

8.4     Reservation of Rights.  Except as expressly provided in these Terms, we do not grant you a license or any other rights of any type with respect to Our Services or any other product, content, or technology or under any patents, know-how, copyrights, trade secrets, trademarks, or other intellectual property owned or controlled by us or any of our affiliates or licensors, and no such right or license, express or implied, is, or will be, granted to you by operation of law. Nothing in this Agreement is intended, or should be construed, to be a waiver or release of your past, present, or future obligations to acquire those rights or licenses only from Artistic Fuel.

 

SECTION 9.  DISCLAIMER OF WARRANTIES

9.1     No Representation or Warranty by Artistic Fuel; Your Assumption of Risk.

 

(a)  Your access to and use of Our Services is solely at your risk unless otherwise expressly stated in these Terms. You understand and agree that Our Services are provided "as is" and "as available" without express or implied warranty or condition of any kind. We make no representations as to, and we disclaim all warranties or conditions of, merchantability, satisfactory quality, fitness for a particular purpose, and noninfringement.

 

(b)  You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We make no warranty or representation that (i) Our Services will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure, or error-free; (ii) any results that may be obtained from the use of Our Services will be accurate, complete, current, free of viruses or other harmful components, timely, secure, error-free, or reliable; (iii) the quality of the services, content, information, products, or other material purchased or obtained from or through Our Services will meet your expectations or requirements; or (iv) any errors or defects in Our Services will be corrected.

 

(c)  You assume all risk for damage to your computer system and property and for loss of data that results from your use of Our Services, including, without limitation, damage or loss caused by changes to Our Services or resulting from malware, viruses, or other harmful components.

 

SECTION 10.  LIMITATION OF LIABILITY

10.1   Limitation of Liability; Application of Local Law.

 

(a)  In no event will Artistic Fuel, or its officers, members, shareholders, directors, employees, affiliates, successors, assigns, or licensors, be liable for (i) any indirect, special, incidental, punitive, consequential, or exemplary damages; (ii) any loss of use, business, data, or profits, whether direct or indirect, arising out of the use of, or inability to use, Our Services, any devices, third-party applications, or third-party application content, regardless of legal theory, even if we have been warned of, or reasonably could have foreseen, the possibility of those damages, and even if a remedy fails of its essential purpose; (iii) the cost to procure substitute goods and services as a result of any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from Our Services; or (iv) statements or conduct of any third party, including, without limitation, unauthorized access to or alteration of transmissions or content, malicious or criminal behavior, or false or fraudulent transactions.

 

(b)  To the extent that the applicable laws of a jurisdiction do not allow the exclusion or limitation of direct, incidental, or consequential damages; or the exclusion or limitation of statutory rights or damages for fraudulent misrepresentation, portions of the above limitations or exclusions may not apply, but only to the extent that an exclusion or a limitation is not allowed by applicable law.

 

SECTION 11.  Artistic Fuel'S PRIVACY POLICY

11.1   Privacy Policy; Compliance.  You consent to our collecting, processing, and storing your personal information, if any, in accordance with the terms of Artistic Fuel's Privacy Policy, which are incorporated into these Terms. You agree to comply in all respects with Artistic Fuel's Privacy Policy and with all laws, rules, regulations, and governmental orders respecting rights of privacy in connection with any access, use, or submission by you of any personal information in connection with Our Services.

 

SECTION 12.  DISPUTE RESOLUTION; Binding Arbitration; Class Action Waiver

12.1  By using Our Services, you agree that if there is any controversy, claim, action, or dispute arising out of or related to your access to or use of Our Services, or the breach, enforcement, interpretation, or validity of these Terms, or any part of them, other than disputes related to or involving our intellectual property ("Dispute"), you and we will first try in good faith to settle the Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven days in which to respond to or settle the Dispute.

 

Our address for notice of Dispute is:

Artistic Fuel, LLC

215 Depot Court

Leesburg, VA 20175

 

You understand and agree that this Dispute resolution procedure is a condition precedent that must be satisfied before either you or we may initiate litigation or file a claim against the other party.

 

12.2   Binding Arbitration.

This Agreement to arbitrate applies only to United States users.

 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE DISPUTE WILL BE DECIDED SOLELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS; RIGHTS OF DISCOVERY AND APPEAL WILL BE MORE LIMITED THAN THEY WOULD BE IN A COURT; AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

 

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, or enforceability of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of Disputes related to or involving our intellectual property as to which the equitable relief provisions of Section 14.2 below apply in addition to the provisions of this Section 12.

 

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against us, then, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. And if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds that you acted in bad faith or committed fraud, in which case, we have the right to ask the arbitrator to award us our attorneys’ fees and costs.

 

Any arbitration between you and us will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Procedures then in force (“AAA Rules”) and will take place before a single arbitrator in Loudoun County, Virginia. The provisions of these Terms will govern to the extent they conflict with the AAA Rules. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org.

 

There will be an in-person hearing before the arbitrator. If, however, the claim is for $25,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator finds good cause to hold an in-person hearing instead.

 

12.3   Class Action Waiver.  It is also important that you understand and agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we agree otherwise, which we do not have to do, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of the limitations of this Section 12 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

12.4   Confidentiality.  All documents and information disclosed in the course of the arbitration must be kept strictly confidential by the recipient and not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s award and must not be disclosed except in strict confidence to persons who have a need to know or as required by applicable law.

 

12.5   Enforceability.  If the arbitration provisions of this Agreement are invalidated in whole or in part, you and we agree that the exclusive jurisdiction and venue described in Section 14.3 below will govern any claim in court arising out of or related to a Dispute. If any part of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, this Section 12 will be unenforceable in its entirety.

 

12.6   Limitation on Time to Bring a Claim.  To help resolve any issues between you and us promptly, you and we agree to bring any claim arising out of or relating to these Terms, our relationship, or your access to the website or associated apps or use of Our Services within one year after the claim arises; otherwise, the claim is permanently barred. This limitation applies regardless of the venue in which the claim is or could otherwise be asserted.

 

SECTION 13.  ECOMMERCE STORE.

13.1   Ecommerce Store.  We offer to you the opportunity to purchase various items through our ecommerce store.  If you do make a purchase from our ecommerce store, then, in addition to all the other Terms described in these Terms, you also agree to the additional terms described in this section.

 

13.2   Pricing.  The price of the items we offer is as quoted on our website from time to time. Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a purchase confirmation. Our website offers a large number of selections, and it is always possible that, despite our best efforts, some of our offerings listed on our website may be incorrectly priced. We will normally verify prices as part of our purchase confirmation process so that if the correct price is less than the price stated on our website, we will charge you the lower amount. If the correct price is higher than the stated price, we would either attempt to contact you for your agreement to pay the higher price or reject your purchase order and notify you accordingly.

 

13.3   Right To Reject.  We have the right to reject any purchase offer for any reason whatsoever without explanation.

 

13.4   No Purchase For Resale.  Our ecommerce store is intended for sale directly to consumers. Purchase for resale is strictly prohibited. If we reasonably believe that you are engaging in purchases for resale, we reserve the right to take any and all actions against you, including exercising legal remedies.

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13.5   Intellectual Property Ownership.  Unless otherwise stated on our website with respect to a specific item we are offering for sale, we or our affiliates or licensors own the intellectual property rights for the items we sell through our ecommerce store. All such rights are protected by the copyright laws of the United States and other countries and are reserved by us and our affiliates and licensors, as applicable. No license in any of these rights is granted to you by your purchase of a particular item unless it explicitly so states in the description of that item on our website.

 

13.6   Payment Terms.  We may make available various payment processing methods to facilitate your purchases, including Apple Pay, Google Pay, Visa, Mastercard, Discover, American Express, and gift cards. You agree to provide, keep, and keep updated current, complete, and accurate purchase and account information, including your email address, payment method, and if applicable, payment card expiration date, so that we can process your payments. You must also abide by all relevant terms and conditions and other legal agreements, whether ours or those of a third party, that govern your use of a given payment processing method. We may add or remove payment processing methods at our sole discretion. You are solely responsible for all amounts payable associated with purchases you make. By making a purchase you authorize us to charge your chosen payment provider for your purchase. You should be aware that online payment transactions are subject to validation checks by your credit card issuer, and we are not responsible if your credit card issuer declines to authorize payment for any reason. We also may carry out a standard pre-authorization check on your payment card, and we will not confirm a purchase until we have completed this pre-authorization check. Your credit card issuer may charge you an online handling or processing fee, for which we will have no responsibility.

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13.7   Returns, RMA Number.  You may not return to us anything you purchased through our ecommerce store without first obtaining from us a written Return Material Authorization (“RMA”) number to facilitate tracking, which we will promptly issue upon receiving a request from you addressed to info@artisticfuel.com. All products for which you seek a refund or replacement and all returns must be marked with the RMA number. You agree to pay us the full purchase price in connection with any product you return that we determine complied with the description in our website at the time we sent you the product or complies at the time you return it to us. We will try to analyze authorized returns within two business days of our receiving the return and promptly report the results to you. You agree to cooperate in good faith with us to resolve any disputes.

 

13.8   Taxes.  "Taxes" means any duties, customs fees, levies, or taxes (other than income tax), including related penalties and interest, associated with anything we sell you through our ecommerce store. You are responsible for any and all Taxes and must pay the full purchase price without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your purchase. The reporting and payment of any such applicable Taxes are your responsibility.

 

SECTION 14.  MISCELLANEOUS MATTERS

14.1   Entire Agreement; Modification; No Assignment.

 

(a)  These Terms contain the entire agreement between you and us relating to your use of and access to Our Services, and completely replaces all prior understandings and agreements between you and us regarding your use of and access to Our Services.

 

(b)  You may not assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, which we do not have to give. Any assignment you make, or attempt to make, without our prior written consent will be void and unenforceable.

 

14.2   Equitable Relief.  You acknowledge and agree that any material breach of Sections 3.3, 3.4, or 8, will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to other rights and remedies that may be available to us under these Terms or at law, we will be entitled to equitable relief, including, without limitation, a preliminary or permanent injunction and specific performance. You waive any requirement for the posting of a bond or other security by us if we seek an injunction.

 

14.3   Controlling Law.  The laws of the Commonwealth of Virginia and the United States of America govern these Terms, without regard to choice or conflicts of law principles, and the Federal Arbitration Act governs all provisions of these Terms relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Loudoun County, Virginia, for all Disputes that are not subject to mandatory arbitration under Section 12 or are otherwise eligible to be adjudicated in a court.

 

14.4   Export Laws.  You must comply with all domestic and international export laws and regulations that apply to Our Services, which include restrictions on destinations, end users, and end use.

 

14.5   Survival of Terms.  Sections 1.3, 2, 5.1, 6.2, 8, 9, 10, 12 and 13 will survive the cancellation of your Artistic Fuel account.

 

14.6   Non-Exercise; Invalidity.  Any express waiver of or failure to exercise promptly any right or remedy provided in these Terms, at law, or in equity will not create a continuing waiver or any expectation of non-enforcement. All of these Terms apply to the maximum extent permitted by relevant law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be removed from these Terms as though that provision did not exist, and its removal will not affect the validity and enforceability of the remaining provisions.

 

14.7   English Language.  This English language version of these Terms governs your relationship with us, and any translation of these Terms, or any of its provisions, into another language will not be binding on us.

 

Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the Artistic Fuel experience will be better for all users. If you have any questions or comments about these Terms, please contact us at info@artisticfuel.com.