Welcome to the Internet Site of Ron Garcia, RonGarciaArt.com. RonGarciaArt.com
is operated by Ron Garcia and BlindDesign (referred to herein as "we,"
"us," or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING RONGARCIAART.COM.
By using RonGarciaArt.com, you signify your agreement to these terms of
use. If you do not agree to these terms of use, please do not use the
Ron Garcia Site. We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms at any time. Please check these
terms periodically for changes. Your continued use of this Ron Garcia
Site following the posting of changes to these terms will mean you accept
those changes.
All materials contained RonGarciaArt.com are the copyrighted property
of Ron Garcia, or its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are proprietary
to Ron Garcia or third-party licensors. No material from the RonGarciaArt.com
or any Internet site owned, operated, licensed, or controlled by us or
our affiliates may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one
copy of the materials on any single computer for your personal, noncommercial
home use only, provided that (i) you keep intact all copyright and other
proprietary notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests an association
with any of our products, services, or brands, and (iv) you do not download
quantities of materials to a database that can be used to avoid future
downloads from RonGarciaArt.com. For purposes of these terms, the use
of any such material on any other Web site or computer environment is
prohibited. All trademarks, service marks, trade names, and trade dress
are proprietary to us.
We are pleased to hear from our visitors and welcome your comments regarding
RonGarciaArt.com.
Please exercise discretion while browsing the Internet using RonGarciaArt.com.
You should be aware that when you are on a RonGarciaArt.com, you could
be directed to other sites that are beyond our control. There are links
to other sites from RonGarciaArt.com pages that take you outside of our
service. For example, if you click on a banner advertisement or a search
result, the click may take you off the RonGarciaArt.com. This includes
links from advertisers, sponsors, and content partners that may use our
logo(s) as part of a co-branding agreement. These other sites may send
their own cookies to users, collect data, solicit personal information,
or contain information that you may find inappropriate or offensive.
We reserve the right to disable links from third-party sites to the RonGarciaArt.com
Site.
We make no representations concerning the content of sites listed in any
of our directories. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality, or decency of material
contained in sites listed in our search results or otherwise linked to
RonGarciaArt.com.
THE MATERIALS IN RONGARCIAART.COM ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON RONGARCIAART.COM WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT RONGARCIART.COM OR
THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON RONGARCIAART.COM
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from RonGarciaArt.com.
We cannot ensure that you will be satisfied with any products or services
that you purchase from a third-party site that links to or from RonGarciaArt.com
or third-party content on our sites. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability of,
any of the information contained in such third-party sites or content.
We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you might be requested to give any third-party,
and you hereby irrevocably waive any claim against us with respect to
such sites and third-party content. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, RONGARCIAART.COM
OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE],
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING RONGARCIAART.COM.
Unless otherwise specified, the materials in RonGarciaArt.com are presented
solely for the purpose of promoting work by Ron Garcia and other products
available in the United States and its territories, possessions, and protectorates.
RonGarciaArt.com is controlled and operated by Ron Garcia from its U.S.
office in California. We make no representation that materials on RonGarciaArt.com
are appropriate or available for use in any particular location. Those
who choose to access RonGarciaArt.com do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local
laws are applicable.
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of RonGarciaArt.com and destroying
all materials obtained from RonGarciaArt.com and all related documentation
and all copies and installations thereof, whether made under these terms
or otherwise. Your access to RonGarciaArt.com may be terminated immediately
without notice from us if in our sole discretion you fail to comply with
any term or provision of these terms. Upon termination, you must cease
use of the RonGarciaArt.com Site and destroy all materials obtained from
such site and all copies thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the
laws of the State of California, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in Los Angeles County, California, and you hereby
consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
We may give notice to our users by means of a general notice on RonGarciaArt.com,
electronic mail to a user's e-mail address on our records, or by written
communication sent by first-class mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. See Notice and Procedure for Making Claims of Copyright
Infringement.
Notification must be submitted to the following Designated Agent:
Service Provider: RonGarciaArt.com
Name of Agent Designated to Receive Notification of Claimed Infringement:
Ron Garcia
Full Address of Designated Agent to Which Notification Should be Sent:
1236 Daisy Avenue, Long Beach, CA 90813
Telephone Number of Designated Agent: (562) 436-8449
Facsimile Number of Designated Agent: (562) 436-8449
E-Mail Address of Designated Agent: rongarcia@rongarciaart.com
To be effective, the notification must be a written communication that
includes the following:
1. A physical or electronic signature of person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;2. Identification
of the copyrighted work claimed to have been infringed, or multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;3. Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to
locate the material;4. Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which
the complaining party may be contacted;5. A statement that the complaining
party has a good-faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and6.
A statement that the information in the notification is accurate and,
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
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