Terms of Use

Agreement between User and Robert Gibbs Art Welcome to robertgibbsart.com. robertgibbsart.com (“Our Website” , “the Site”) is comprised of various web pages operated by Robert Gibbs Art (“We”, “Our”). Our Website is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (“the Terms”). Your use of Our Website constitutes your agreement to all such terms. Please read these terms carefully and keep a copy for your reference.

robertgibbsart.com is an E-commerce website. We offer original art and art prints created by American artist, Robert Gibbs.

Privacy Your use of Our Website is subject to our Privacy Policy. Please read our Privacy Policy, which also governs the website and informs users of our data collection practices.

Electronic Communications Visiting Our Website or sending emails to Robert Gibbs Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Your Account If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Robert Gibbs Art is not responsible for third party access to your account that results from theft or misappropriation of your account. Robert Gibbs Art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen Robert Gibbs Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Our Website only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services Our Website may contain links to other sites (“Linked sites”). The Linked Sites are not under Our control and we are not responsible for the content of any Linked Site, including without any limitation any link contained by a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Robert Gibbs Art of the site or any association with its operators.

Certain services made available via Our Website are delivered by third party sites and organizations. By using any product, service, or functionality originating from the robertgibbsart.com domain, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of robertgibbsart.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferrable, revocable license to use Our Website strictly in accordance with these terms of use. As a condition of your use of Our Website, you warrant to Robert Gibbs Art that you will not use Our Website for any purpose that is unlawful or prohibited by these Terms. You may not use Our Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Robert Gibbs Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Robert Gibbs Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own personal use, and will make no other use of the content without the express written permission of Robert Gibbs Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Robert Gibbs Art or our licensors except as expressly authorized by the Terms.

International Users This service is controlled, operated, and administered by Robert Gibbs Art from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Robert Gibbs Art Content accessed through Our Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification You agree to indemnify, defend, and hold harmless Robert Gibbs Art, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Robert Gibbs Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Robert Gibbs Art in asserting any available defenses.

Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ROBERT GIBBS ART AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ROBERT GIBBS ART AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ROBERT GIBBS ART AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROBERT GIBBS ART AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROBERT GIBBS ART OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction Robert Gibbs Art reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship that exists between you and Robert Gibbs Art as a result of this agreement or use of the Site. Robert Gibbs Art’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Robert Gibbs Art’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by Robert Gibbs Art with respect to such use. If any part of this agreement is determined to be invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Robert Gibbs Art with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Robert Gibbs Art with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms Robert Gibbs Art reserves the right, in its sole discretion, to change the Terms under which Our Website is now offered. The most current version of the Terms will supersede all previous versions. Robert Gibbs Art encourages you to periodically review the Terms to stay informed of our updates.

Contact Us Robert Gibbs Art welcomes your questions or comments regarding the Terms:

Robert Gibbs Art
PO Box 753
Farmville, Virginia 23901