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Terms & Conditions

These terms of use are entered into by and between you, the person or entity agreeing to the terms contained in this document (“I”, “you”, “your” or “customer”) and VarnishLane, LLC., doing business as Varnish Lane Shop ("Company", “Varnish Lane”, "we", “our” or "us"). The following terms and conditions, as amended, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document, together with any documents they expressly incorporate by reference (collectively, these “Terms”, "Terms of Use" or this “Agreement”), govern your access to and use of WWW.VARNISHLANE.COM, including any content, functionality and services offered on or through WWW.VARNISHLANE.COM, and any and all of its sub-pages (the "Site"), whether as a guest or a registered user. 

 

OVERVIEW

This Site is operated by Varnish Lane or its affiliated companies. Varnish Lane offers this Site, 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.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, as the same may be amended from time to time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

 If you open an account to use or access this Site or any of its features or services of the Site, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password that you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password (collectively, a "User ID"). Varnish Lane shall not be liable for any loss that you incur as a result of someone else using your User ID or password, either with or without your knowledge. You may be held liable for any losses incurred by Varnish Lane, its subsidiaries, entities owned, related to or controlled by Varnish Lane, officers, directors, employees, consultants, staff, agents, and representatives due to someone else's use of your account or password. Varnish Lane reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your User ID, password, account, or otherwise allow any third party to use your account for any purpose.

 SECTION 1 - ACCEPTANCE OF TERMS AND CONDITIONS

Use of this Site is conditioned upon your acceptance of the terms and conditions contained herein, as the same may be amended from time to time. You hereby understand and agree that your use of such Site constitutes acceptance of the terms and conditions set forth in this legal notice. Varnish Lane reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this Site.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any minors in your care to use this site.

SECTION 2 - TERMS OF PURCHASE

Certain products or services may be available exclusively online through the Site. All products or services may have limited quantities and are subject to return or exchange only according to our Refund/Returns Policy.

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 reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.

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).

 SECTION 3 - PROHIBITED USE

Any use of this Site for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this Site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Site, you agree that any and all information transmitted to or with the use of this Site cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this Site and to disclose any and all information relating to such prohibited use. Varnish Lane, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Site. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances.

 SECTION 4 - MODIFICATIONS

This Site may contain typographical errors or technical inaccuracies. Varnish Lane reserves the right to modify the content of this Site at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Varnish Lane’s failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.

SECTION 5 – TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

This Site contains trademarks, trade names, service marks, copyrights, and/or logos belonging to Varnish Lane. Such marks remain the property of Varnish Lane. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this Site, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
  • Attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Varnish Lane server, or (d) any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means.
  • Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
  • Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Varnish Lane’s systems or networks or any systems or networks connected to the Site.
  • Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site.
  • Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Varnish Lane on or through the Site.
  • Use the Site to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms.
  • Use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Varnish Lane.
  • Share your username and/or password. Varnish Lane’s Products and Services are intended for use by you only and may not be delivered to, or filed with, third parties.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: support@Varnish Laneshop.co.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms of Use and may violate copyright, trademark and other laws.

SECTION 6 - THIRD-PARTY RELATIONSHIPS

This Site may contain links to other sites. These links are provided merely to assist the user and these sites are independent of Varnish Lane’s site, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by Varnish Lane. The inclusion of a link does not mean that we accept or endorse any of the content contained in such site. You are responsible to protect yourself while associating with any linked site. Varnish Lane, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

SECTION 7 - WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

SECTION 8 - WARRANTIES & LIMITATION OF LIABILITY

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF COMPANY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE COMPANY PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 9 - LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TERMS IN THE AGREEMENT RELATING TO DISCLAIMER OF WARRANTIES, ACCESS AND USE OF VARNISH LANE PRODUCTS, SERVICES, AUDIT, LIMITATION OF LIABILITY, INDEMNIFICATION, USER’S RELEASE OF CLAIMS, AND PAYMENT FOR VARNISH LANE PRODUCTS OR SERVICES SHALL SURVIVE ANY TERMINATION OF THE END USER AGREEMENT.

YOU AGREE THAT ANY BREACH BY YOU OF ITS AGREEMENTS WITH VARNISH LANE WOULD CAUSE VARNISH LANE AND THE INDEMNIFIED PARTIES IRREPARABLE HARM AND THAT, IN ADDITION TO MONEY DAMAGES, VARNISH LANE AND THE INDEMNIFIED PARTIES SHALL BE ENTITLED TO INJUNCTIVE RELIEF, WITHOUT HAVING TO POST A BOND.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY COMPANY PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.

SECTION 10 - INDEMNIFICATION

 You hereby agree to indemnify, defend, and hold harmless, Varnish Lane, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Site. Varnish Lane has the right to control any defense pertaining to this section.

SECTION 11 - RELATIONSHIP

Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.

SECTION 12 - GOVERNING LAW

 These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the District of Columbia, United States of America, without regard to any choice of law principles.

 SECTION 13 - JURISDICTION

 You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of District of Columbia and of the United States of America located in District of Columbia for any and all claims arising from the use of this Site. 

SECTION 14 - PRIVACY POLICY

We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy (the “Privacy Policy”). Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.

SECTION 15 - ENTIRE AGREEMENT

 These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.