Return and Refund Policy

This website is owned and operated by Fenton Art Studio and/or Amanda Fenton, hereafter referred to as “us” or “we”. These Terms set forth the terms and conditions under which you may use our website, services, and goods as offered by us. This website offers visitors services and goods for sale. By accessing or using the website of our services/goods, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services/goods, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services/goods if doing so is prohibited in your country or under any law or regulation applicable to you.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our services/goods, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process, and that you are responsible for the choice(s) you have made. Please remember, all services and goods purchased from this website are non-refundable and are not eligible for returns.
The prices we charge for using our services/goods for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. You may be charged a fee for the services/goods and any other charges you may incur in connection with your use of the services/goods, such as international shipping rates, taxes and possible transaction fees.

Products and/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 on this website. 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.  

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. We are not responsible for examining or evaluating the content or accuracy and 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 review carefully the third-party's policies and practices 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.  

User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries or endorsements) or without a request from us you send endorsements, feedback, 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 comments posted by you or any third-party.
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.
Retention of right to change offering

We may, without prior notice, change the services/goods; stop providing the services/goods or any features of the services/goods we offer; or create limits for the services/goods. We may permanently or temporarily terminate or suspend access to the services/goods without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights, logos, and Release Clause

WARNING:  The Services/Goods and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, scripts, photographs, audio, videos, and any and all other forms of merchandise, artwork, crafts, clothing, accessories, prints, greeting cards, stickers and other forms of artistic/creative reproductions, and all Intellectual  Property Rights related thereto, are the exclusive property of Fenton Art Studio and/or Amanda Fenton. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to steal, sell, "borrow", license, rent, modify, distribute, redistribute, copy,  reproduce, transmit, broadcast, stream, publicly display, publicly perform, publish, adapt, edit, scrape, frame, mirror, decompile, reverse  engineer, alter, archive, disassemble, or create derivative works thereof. 

If you are an entity other than a natural person, the person who registers the account or otherwise uses this website must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. In this context, neither you nor the Corporation, Company, Limited Liability Company, Organization, Group, Club, Business, Television Network, Media Organization or any other business or non-business entity, without limitation, whether formally recognized or otherwise, that you are associated with in any way, or otherwise, will sue Fenton Art Studio, Amanda Fenton and/or all of its officers; owners, agents, employees, or contractors, in the attempt(s) to take the above stated  intellectual property from Fenton Art Studio and/or Amanda Fenton. You hereby agree not to sue or harass and irrevocably and unconditionally release, and forever discharge Fenton Art Studio and Amanda Fenton and all of its officers; owners, agents, employees or contractors, and/or Fenton Art Studio and/or Amanda Fenton, its present, past and future parents,  subsidiaries, affiliates, agents, representatives, employees, successors and assigns, jointly and individually from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in  law or equity, whether known or unknown, which you (or your assigns, agents and/or representatives) ever had, now have, or in the future may  have against Fenton Art Studio and/or Amanda Fenton and all of its officers; owners, agents, employees, contractors, and/or Fenton Art Studio and/or Amanda Fenton, including, but not limited to claims arising out of or related to the uses described herein this Terms and Conditions agreement, and any costs and expenses (including, without limitation, attorneys’ fees, court costs, settlement and disbursements), and that you shall be liable for any attorneys’ fees and costs incurred by Fenton Art Studio and/or Amanda Fenton and all of its officers; owners, agents, employees, contractors, and guests, and/or Fenton Art Studio and/or Amanda Fenton in connection with any claim or lawsuit brought in violation of this agreement.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its  content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property  rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
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.

Indemnification

Neither Fenton Art Studio and/or Amanda Fenton and all of its officers; owners, agents,  employees, or contractors, take any responsibility or make any guarantees for your safety and use - or abuse - of the services/goods and instruction provided on this website. You are responsible for your actions, and the results, if you choose to utilize any of the services/goods on this website. You agree to indemnify and hold Fenton Art Studio and all of its officers; owners, agents, employees, contractors, and Amanda Fenton harmless from any and all demands, loss, liability,  injury, accidents, loss of life, claims or expenses (including attorneys’ fees), made against them by you or any third party, forever, due to, or arising out of, or in connection with your use of the website or any of the services/goods offered on the website. I agree that I have carefully read, understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and  binding upon myself, my heirs, assigns, personal representatives,  estates, and for all members of my family in perpetuity.
Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Fenton Art Studio and all of its officers; owners, agents, employees, contractors, and/or Amanda Fenton, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the services or goods.
To the maximum extent permitted by applicable law, Fenton Art Studio and all of its officers; owners, agents, employees, contractors, and/or Amanda Fenton assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, death, loss or property damage, of any nature whatsoever, resulting from your access to or use of our services/goods or any content (or  product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal  information stored therein.
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 provision.  

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole  discretion. Therefore, you should review this page periodically. Your continued use of the website or our services/goods after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the services/goods.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us at any time. 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services/goods, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Arizona, without respect to its conflict of laws principles. Any and all such claims and disputes - while in violation of this Terms and Conditions agreement - shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Prescott, Arizona in Yavapai County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Contact info

Questions about the Terms of Service should be sent to us in writing by mail using the following address: Fenton Art Studio, P.O. Box 10114, Prescott, Arizona, 86304 USA