privacy policy    |   terms of service

Dear Collector...

I have no desire to share any personal data and promise not to do so.  If you absolutely don't want to hear from me again, let me know at heather.w.ernst@gmail.com

A bit of research will tell you that most countries, however, require web sites to state their privacy policy and terms of service. California does, and the rest of the U.S. may be shortly on their tail.

Best, Heather

PRIVACY STATEMENT

SECTION 1 / WHAT WE DO WITH YOUR INFORMATION - When you purchase something from our store, as part of the buying and selling process, we collect your name, address and email address.  When you browse our store, we also automatically receive your computer’s internet protocol (IP) address so we can connect with your computer to complete your transaction.   Email marketing: with your permission, we may send you emails about our store, new products and other updates.

SECTION 2 / CONSENT - When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.  If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent.

SECTION 3 / DISCLOSURE - We may disclose your personal information only if we are required by law to do so or if you violate our Terms of Service.

TERMS OF SERVICE

OVERVIEW - This website is operated by Heather W. Ernst dba Xeos. Throughout the site, the terms “we”, “us” and “our” refer to Heather W. Ernst dba Xeos.  We offer this website to you, the user, including vendors, customers, merchants, and/ or contributors of content, as a Service.  By accessing or using any part of the site, you agree to be bound by these Terms of Service. Our store is hosted by SquareSpace Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 / ONLINE STORE TERMS - 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, 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 of your minor dependents to use this site. 

SECTION 2 / GENERAL CONDITIONS - We reserve the right to refuse use of the www.HeatherART.STUDIO web site to anyone for any reason at any time.  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.

SECTION 3 / ACCURACY, COMPLETENESS ERRORS, OMISSIONS AND TIMELINESS OF INFORMATION - We are not responsible for unintentional typographic errors, references or omissions.  We reserve the right to clarify and correct them without any damages or liability, including after you have submitted your order.

SECTION 4 / MODIFICATIONS TO THE SERVICE AND PRICES - Prices for our products are subject to change without notice.  Heather W. Ernst dba Xeos reserves the right at any time to modify or discontinue this web site 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 this Service.

SECTION 5 / PRODUCTS OR SERVICES - Select products may be available exclusively online through the website. These products 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 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 - Due to unforseen circumstances such as product damage or shipping complications, 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.  You agree to provide current, complete and accurate information for all purchases made at our store. You agree to promptly update your email address, credit card numbers, expiration dates and telephone number/s so that we can contact you and timely complete your transactions. For more detail, please review our Returns Policy.

SECTION 7 / THIRD-PARTY LINKS - We do not warrant and will not have any liability or responsibility for use of other web sites accessed through a link on our site, or for damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

SECTION 8 / USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS - You agree that your comments directly on indirectly related to Heather W. Ernst dba Xeos or the web site www.HeatherART.STUDIO 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. We take no responsibility and assume no liability for any comments posted by you or any third-party.  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.

SECTION 9 / PROHIBITED USES - You are prohibited from using the www.HeatherART.STUDIO web site or it's Service for any unlawful, obscene or immoral purpose, or to upload, collect or track the personal information of others, to upload or transmit from this web site, other websites, or the Internet any viruses or malicious code in an attempt to interfere with or circumvent the security features of the Service.

SECTION 10 / DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY - We do not guarantee, represent or warrant that your use of our service will be secure or error-free.  In no case shall Heather W. Ernst dba Xeos, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,  Our liability shall be limited to the maximum extent permitted by law of both jurisdictions including yours, Heather W. Ernst dba Xeos, and the associated www.HeatherART.STUDIO web site, whichever is greatest.

SECTION 11 / INDEMNIFICATION - You agree to indemnify, defend and hold harmless Xeos and our affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 12 / 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 13 / ENTIRE AGREEMENT - Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 / GOVERNING LAW - These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Colorado.

SECTION 15 / CHANGE TO TERMS OF SERVICE - We reserve the right, at our sole discretion, to revise these Terms of Service.