BY VISITING https://carolannwebster.com, YOU ARE CONSENTING TO OUR

TERMS AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to CAROL ANN WEBSTER ART. The term

the “Site” refers to https://carolannwebster.com. The terms “user,” “you,” and

“your” refer to site visitors, customers, and any other users of the site.

We provide painting techniques, blog, digital products, membership site, paid workshop registration, tutorials, original art (the “Service”).

Use of https://carolannwebster.com, including all materials presented herein

and all online services provided by https://carolannwebster.com, is subject to

the following Terms and Conditions. These Terms and Conditions apply to all site

visitors, customers, and all other users of the site. By using the Site or Service, you

agree to these Terms and Conditions, without modification, and acknowledge

reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the

requisite power and authority to enter into these Terms and Conditions. Children

under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to original art and other information are subject to change.

CAROL ANN WEBSTER ART makes no representation or warranty that the information provided,

regardless of its source (the “Content”), is accurate, complete, reliable, current, or

error-free. CAROL ANN WEBSTER ART disclaims all liability for any inaccuracy,

error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about

yourself including your name, email address, username and password, and other

personal information. You agree that any registration information you give to

CAROL ANN WEBSTER ART will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an

email address other than your own. Your account must not be used for any illegal or

unauthorized purpose. You must not, in the use of the Service, violate any laws in

your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be

financially responsible for all purchases made by you or someone acting on your

behalf through the Site. You agree to use the Site and to purchase services or

products through the Site for legitimate, non-commercial purposes only. You shall

not post or transmit through the Site any material which violates or infringes the

rights of others, or which is threatening, abusive, defamatory, libelous, invasive of

privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable,

contains injurious formulas, recipes, or instructions, which encourages conduct that

would constitute a criminal offense, give rise to civil liability, or otherwise violate any

law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests.

We reserve the right to refuse service to any order, person or entity, without the

obligation to assign reason for doing so. No order is deemed accepted by us

until payment has been processed. We may at any time change or discontinue

any aspect or feature of the Site or Service, subject to us fulfilling our previous

responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details

concerning product delivery. In the event that there is an error in this email

confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

CAROL ANN WEBSTER ART will refund any defective products with 14 days of purchase. Workshop registration will be credited toward a future workshop with notification prior to the workshop.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While

we try to be as clear as possible in explaining the Service, please do not accept that

the Site is entirely accurate, current, or error-free. From time to time we may correct

errors in pricing and descriptions. We reserve the right to refuse or cancel any order

with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork,

photos, or other materials (collectively “Materials”) protected by copyright,

trademark, or other proprietary right without the express written permission of the

owner of the copyright, trademark, or other proprietary right, and the burden of

determining that any Materials are not so protected rests entirely with you. You shall

be liable for any damage resulting from any infringement of copyrights, trademarks,

or other proprietary rights, or any other harm resulting from such a submission. For

all Materials submitted by you to the Site, you automatically represent or warrant

that you have the authority to use and distribute the Materials, and that the use or

display of the Materials will not violate any laws, rules, regulations, or rights of third

parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to CAROL ANN WEBSTER ART.

You retain copyright and any other rights you may rightfully hold

in any content that you submit through the Site or Service. Content you submit to

CAROL ANN WEBSTER ART remains yours to the extent that you have any legal

claims therein. You agree to hold CAROL ANN WEBSTER ART harmless from and

against all claims, liabilities, and expenses arising out of any potential or actual

copyright or trademark misappropriation or infringement claimed against you. By

posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable

license to use the material for promotional, business development, and marketing

purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by CAROL ANN WEBSTER ART,

including trademarks, copyrights, proprietary information, and

other intellectual property. You may not modify, publish, transmit, participate in the

transfer or sale of, create derivative works from, distribute, display, reproduce or

perform, or in any way exploit in any format whatsoever any of the Site or Service

Content or intellectual property, in whole or in part, without our prior written

consent. We reserve the right to immediately remove you from the Service, without

refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments

are effective immediately upon notice to you by us posting the new Terms and

Conditions on this Site. Any use of the Site or Service by you after being notified

means you accept these amendments. We reserve the right to update any portion

of our Site and Service, including these Terms and Conditions, at any time. We will

post the most recent versions to the Site and list the effective dates on the pages of

our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR

DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,

EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE

SITE OR SERVICE. ADDITIONALLY, CAROL ANN WEBSTER ART IS NOT LIABLE

FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE,

ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION,

DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE

OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS,

SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION

OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR

INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS

NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH

LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY

OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CAROL ANN WEBSTER ART

HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN

THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE

FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CAROL ANN WEBSTER ART’S

CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL

PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CAROL ANN WEBSTER ART,

AND IF NO PURCHASE HAS BEEN MADE BY YOU CAROL ANN WEBSTER ART’S

CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You

acknowledge and agree that we are not responsible or liable for the availability,

accuracy, content, or policies of third party websites or resources. Links to such

websites or resources do not imply any endorsement by or affiliation with CAROL ANN WEBSTER ART.

You acknowledge sole responsibility for and assume all

risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses,

damages, settlements, liabilities, costs, charges, assessments, and expenses,

as well as third party claims and causes of action, including, without limitation,

attorney’s fees, arising out of any breach by you of any of these Terms and

Conditions, or any use by you of the Site or Service. You shall provide us with such

assistance, without charge, as we may request in connection with any such defense,

including, without limitation, providing us with such information, documents,

records, and reasonable access to you, as we deem necessary. You shall not settle

any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are

included for convenience only and shall not affect the construction or interpretation

of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and CAROL ANN WEBSTER ART

pertaining to the Site and Service and supersedes all prior and

contemporaneous agreements, representations, and understandings between us.

No waiver of any of the provisions of this Agreement by CAROL ANN WEBSTER ART shall be deemed, or shall constitute, a waiver of any other provision,

whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver

shall be binding unless executed in writing by CAROL ANN WEBSTER ART.

NOTICES

All notices, requests, demands, and other communications under this Agreement

shall be in writing and properly addressed as follows:

CAROL ANN WEBSTER ART

4200 Wind Chime Drive, Oklahoma City, OK 73120

carol (at) carolannwebster.com

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the

laws of the State of Oklahoma as applied to contracts that are executed

and performed entirely in Oklahoma. The exclusive venue for any

arbitration or court proceeding based on or arising out of this Agreement shall

be Oklahoma County, Oklahoma. The parties agree to

attempt to resolve any dispute, claim, or controversy arising out of or relating to

this Agreement by mediation, which shall be conducted under the then current

mediation procedures of The CPR Institute for Conflict Prevention & Resolution or

any other procedure upon which the parties may agree. The parties further agree

that their respective good faith participation in mediation is a condition precedent

to pursuing any other available legal or equitable remedy, including litigation,

arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the

enforcement of this Agreement, or because of an alleged dispute, breach, default,

or misrepresentation in connection with any of the provisions of this Agreement,

the successful or prevailing party or parties shall be entitled to recover reasonable

attorney’s fees and other costs incurred in that action or proceeding, in addition to

any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an

arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable,

the rest of the Agreement shall remain in full force and effect and shall in no way be

affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors

and assigns. These Terms and Conditions are not assignable, delegable,

sublicenseable, or otherwise transferable by you. Any transfer, assignment,

delegation, or sublicense by you is invalid.

Updated: May, 2019