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Terms of Service


OVERVIEW 
This website is operated by A Little Moxie LLC, d/b/a Vicky Barone (the “Company”). Throughout the site, the terms “we,” “us,” and “our” refer to  the Company.

The Company offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  Your use of this website in any manner constitutes your agreement to all such terms, conditions, and notices in effect at the time.  By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify, Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.  By using our store, you are further agreeing to Shopify’s Terms of Service.  Please review the Shopify Terms of Service, available at www.shopify.com/legal/terms, before using this website.

SECTION 1 – GENERAL ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

We reserve the right to refuse service to anyone for any reason at any time. 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - YOUR USE OF THE SERVICES AND PROHIBITED USES 

  1. License. You are granted a non-exclusive, limited, non-transferable license, without a right of sublicense, to use the website, subject to the restrictions, limitations, terms, and conditions articulated in this Agreement.  This license and Agreement apply to all updates, supplements, apps, add-on components, software components, or Internet-based services components of the website that may be provided to you or made available to you.
  2. Limitations. By your acceptance of this License, you may: (a) access the website on one or more computers or Internet-ready devices through the Internet; (b) enter user content into the website; (c) make purchases of products through the website; and (d) manage and search your purchase information.
  3. Website Intellectual Property. You agree that this Agreement grants you no ownership rights to the website or to any of the intellectual property related thereto.  You agree to take no act inconsistent with this acknowledgment.  You further acknowledge that the website may contain other intellectual property owned by third parties that may be the subject of various forms of intellectual property protection. You agree not to copy, distribute, display, or create derivatives of any such intellectual property derived from or imbedded in the website, without prior consent from the intellectual property owner.
  4. Product Intellectual Property. The Company sells original artwork from artists.  You agree that this Agreement grants you no ownership rights in any intellectual property contained in any product offered or sold by the Company or in any artwork displayed on the website.  You agree that you will take no act inconsistent with the copyright of any author(s) whose work is displayed, offered for sale, sold, or purchased through the website.  This includes your agreement not to reproduce, distribute copies, publicly display, or prepare derivative works of copyrighted artwork absent the express, written permission of the copyright owner(s).
  5. Prohibited Acts. Engaging in or enabling any prohibited act is a violation of this Agreement.  Prohibited acts include (a) making unauthorized copies of the website or any part thereof, to include any product on the website; (b) using the website without a license or beyond the scope of your license; (c) reverse engineering, decompiling, or disassembling the website or any source code related thereto; (d) uploading or transmitting any material through the website that contains any virus, mal-ware, spy-ware, worm, Trojan, loggers, recorders, adware, bugs, or any other software object or code intended to cause harm to a computer or network system; (e) uploading or transmitting any material through the website that contains any offensive, prurient, harmful, defamatory, or objectionable content as determined by Company; (f) merging the website into other programs; (g) modifying or adapting the website; (h) using the website to undertake any action that violates either the law of your jurisdiction and/or the laws of the United States of America; (i) uploading, storing, or transmitting any material that violates the rights of another, to include material that violates the patent, copyright, trademark, trade dress, trade secret, or other intellectual property rights of another party; (j) transmitting solicitations or advertising materials, to include spam or chain email; (k) providing false or misleading information about yourself or any organization with which you may or may not be affiliated; (l) engaging in public defamation or disparagement of the website; (m) undertaking any commercial action with the website; (n) harassing Company professionals; (o) selling, reselling, or otherwise exploiting any portion of the website; and (p) undertaking any action that is not expressly authorized in this Agreement.  Violation of this paragraph shall result in the immediate, permanent termination of your account.
  6. Proposition 65 (California Customers). Our products are printed by third parties pursuant to artist licenses.  The Company does not control the materials the third party printers may use, and the third party printers are responsible for any relevant Proposition 65 warnings.  Purchasers are encouraged to carefully read the labels provided by the printer to determine whether there is a risk as to whether any component used in their particular ordered products could contain chemicals known in the State of California to cause cancer.  More information about Proposition 65 warnings can be found at P65Warnings.ca.gov.


SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete, or current. 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. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us.  These third party sites are not under the control of Company and Company is not responsible for the functionality of any linked site or any link contained in a linked site.  We are not responsible for examining or evaluating the content or accuracy of those sites.   We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please carefully review any policies and practices for any third party website and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any review or comment posted by you or any third-party

We comply with the notice-and-takedown procedures set forth in the Digital Millennium Copyright Act (“DMCA”).  If you believe a comment or other material posted on the website violates your intellectual property rights, you may submit a notification pursuant to the DMCA.  Your report must include the material required by the DMCA, to include (1) your complete contact information; (2) a description of your intellectual property; (3) identification of the content on our website that you believe violates your intellectual property, to include information sufficient for us to locate the material; and (4) a declaration, signed under penalty of perjury, that (a) you have a good faith belief that the use of the content in the manner described in your notice violates your rights, (b) that the information in your notice is accurate, and (c) that you are the intellectual property owner or are authorized to act in their behalf.  Notices should be sent to:

A Little Moxie, LLC
2474 Walnut Street #348
Cary NC 27518, United States
hello@vickybarone.com

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. Your use of the Services indicates your acceptance of our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
THE COMPANY, TO INCLUDE ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, and LICENSORS, is not liable for any loss or damage arising as a result of your use of tHIS WEBSITE.  To the extent allowed by law, COMPANY is not liable for any indirect, special, incidental, consequential, exemplary, and punitive damages, including, without limitation, damages for loss of profits, loss of information, corruption or theft of data, viruses, spyware, or other pecuniary loss. 

You acknowledge and agree that the services are provided to you without any warranty whatsoever.  THIS INCLUDES BUT IS NOT LIMITED TO ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, AS WELL AS ANY WARRANTY THAT RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

your sole and exclusive remedy, and COMPANY’S sole obligation to you or any third party for any claim arising out of your use of the services is that you are free to discontinue your use of the services at any time.  The limitations set forth are fundamental elements of the basis of the bargain between you and COMPANY.  You agree and understand that COMPANY would not provide THe SERVICES without such limitations.  SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Public Internet stations and Internet Protocol addresses, as well as broadband wireless Internet access, are accompanied by special risks.  Even with encryption technology, your computer and web-based transmissions may still be subject to attacks from malicious users.  By electing to use a public Internet station, a public Internet Protocol address, or wireless Internet services, you assume all risk associated therewith.  You agree to hold COMPANY harmless for any harm you suffer due to another party monitoring your communications or transmissions.

COMPANY has taken commercially reasonable steps to provide a secure system for your use of the SERVICES.  You acknowledge that COMPANY has taken commercially reasonable steps to provide a secure system and that COMPANY does not guarantee that communications or transmissions via thE WEBSITE or information stored within COMPANY’S SystemS shall be secure from monitoring or tampering.  You further acknowledge that there are risks inherent in Internet connectivity that could result in the loss of privacy, confidential information, and property, and you agree to assume all risk related thereto. 

SECTION 13 - INDEMNIFICATION 
YOU AGREE TO INDEMNIFY COMPANY, TO INCLUDE ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, and LICENSORS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

SECTION 14 - SEVERABILITY 
In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 15 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 16 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules (to include the Privacy Policy) posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 17 - GOVERNING LAW 
These Terms of Service shall be governed by and construed in accordance with the laws of North Carolina and the United States. 

SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 19 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at hello@vickybarone.com.