TERMS OF SERVICE

OVERVIEW

Welcome to Kimberly Hodges Art and Design. The terms "we," "us," and "our" refer to Kimberly Hodges Art and Design. Kimberly Hodges Art and Design operates this store and website, including all related information, content, features, tools, products, and services in order to provide you with a curated shopping experience (the "Services"). Kimberly Hodges Art and Design is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and responsibilities, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

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, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing products we offer, you may be asked to provide certain information, including your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the security of your account credentials and for activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately display and describe our products on our website. However, colors, images, and product appearance may vary depending on your device, screen, settings, and configuration.

Our products are made to order. Product descriptions, dimensions, materials, availability, and other product information are subject to change without notice.

We reserve the right to discontinue any product at any time and to limit the quantities of products we offer.

SECTION 3 - ORDERS

When you place an order through our website, you are making an offer to purchase the products selected. We reserve the right to accept or decline an order for any lawful reason.

An order is not considered accepted until payment has been received and the order has been confirmed by Kimberly Hodges Art and Design.

Please review your order carefully before submitting it.

Because our products are made to order, once an order has been sent to production, no changes or cancellations can be made to the order. If you need to request a change or cancellation, please contact us as soon as possible after placing your order. We will make reasonable efforts to accommodate requests received before production begins, but changes or cancellations cannot be guaranteed.

If we are unable to accept, modify, or cancel an order, we will make reasonable efforts to notify you using the contact information provided with your order.

Returns and refunds are handled according to our Refund Policy.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price displayed at the time the order is placed and will be included in your order confirmation.

Unless otherwise stated, prices do not include applicable taxes or shipping charges.

Promotional offers may be subject to additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will apply.

You agree to provide current, complete, and accurate billing, payment, and contact information for purchases made through our store.

You represent that you are authorized to use the payment method provided for your purchase and agree to pay all charges associated with your order, including applicable taxes and shipping charges.

SECTION 5 - SHIPPING AND DELIVERY

Our products are made to order. Production and shipping timeframes are estimates and may vary depending on the product and circumstances of the order.

We are not responsible for delays caused by shipping carriers, customs processing, weather, natural disasters, or other circumstances beyond our reasonable control.

Once an order has been transferred to the shipping carrier, delays caused by the carrier are outside of our control.

Additional information regarding shipping, production timeframes, and delivery can be found in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services and their contents, including but not limited to artwork, designs, illustrations, photographs, images, graphics, text, logos, trademarks, product names, product designs, videos, audio, and the selection and arrangement of these materials, are owned by Kimberly Hodges Art and Design or its licensors and are protected by applicable intellectual property laws.

You may use our website and its content for your personal, non-commercial use only.

You may not reproduce, copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise use our artwork, designs, images, photographs, or other website content without our prior written permission.

Nothing in these Terms of Service grants you any ownership rights or licenses to our intellectual property except as expressly stated.

All rights not expressly granted are reserved by Kimberly Hodges Art and Design.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services as part of our Services. We do not monitor or control these third-party tools and are not responsible for their operation.

Your use of optional third-party tools is at your own discretion and subject to the terms and conditions provided by the applicable third-party provider.

We may introduce new features, tools, or services in the future. Any new features or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for examining or evaluating third-party websites, services, products, or content, and we do not guarantee their accuracy.

If you choose to access third-party websites or services, you do so at your own risk. Any transactions or interactions you have with third parties are solely between you and the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Kimberly Hodges Art and Design is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Kimberly Hodges Art and Design.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Kimberly Hodges Art and Design, including any injury, damage, or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Kimberly Hodges Art and Design.

SECTION 10 - PRIVACY

Personal information collected through our Services is subject to our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of our Services in accordance with Shopify's privacy practices.

For more information about how we collect, use, and protect personal information, please review our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit reviews, comments, suggestions, ideas, or other feedback to us, you grant Kimberly Hodges Art and Design a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and display that feedback for business purposes.

You represent that you have the right to provide any feedback you submit and that your feedback does not violate the rights of any third party.

We are not obligated to maintain feedback in confidence, compensate you for feedback, or respond to feedback.

We reserve the right to remove feedback that we determine violates applicable laws, these Terms of Service, or the rights of others.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, or other information.

We reserve the right to correct errors, update information, or cancel orders if information is inaccurate, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use our Services to:

• Violate any applicable law or regulation.
• Infringe upon or violate our intellectual property rights or the rights of others.
• Harass, abuse, threaten, defame, or harm our employees, representatives, customers, or other individuals.
• Submit false or misleading information.
• Transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to our website, accounts, systems, or data.
• Impersonate another person or entity.
• Engage in activity that interferes with or disrupts the operation of our Services.
• Copy, reproduce, resell, or exploit our Services or content without our written permission.
• Use automated systems or tools to access, scrape, extract, or collect information from our website without our written permission.

We reserve the right to suspend or terminate access to our Services if we determine that these Terms of Service have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an automated or semi-automated software agent to access, use, or interact with our Services.

Any automated agent accessing our Services must identify itself and comply with applicable technical requirements and restrictions.

We may limit or prohibit automated agents from accessing or interacting with our Services.

SECTION 15 - TERMINATION

We may terminate or restrict your access to our Services if you violate these Terms of Service or applicable law.

Termination does not affect any rights or obligations that arose before termination.

Sections relating to intellectual property, privacy, disclaimers, limitations of liability, indemnification, and other provisions that by their nature should survive termination will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided through our Services is made available for general informational purposes. We make reasonable efforts to keep information accurate and current but do not guarantee that all information is complete, accurate, or error-free.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED BY KIMBERLY HODGES ART AND DESIGN OR REQUIRED BY APPLICABLE LAW.

WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, KIMBERLY HODGES ART AND DESIGN, ITS OWNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR PRODUCTS, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

NOTHING IN THESE TERMS OF SERVICE LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Kimberly Hodges Art and Design, its owners, employees, contractors, service providers, affiliates, and licensors from claims, damages, liabilities, and reasonable expenses arising from your violation of these Terms of Service, your violation of applicable law, or your misuse of our Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with our other published policies, constitute the entire agreement between you and Kimberly Hodges Art and Design regarding your use of our Services and supersede prior agreements or communications relating to the same subject.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms of Service without our prior written consent.

We may assign or transfer these Terms of Service and our rights and obligations without your consent where permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by the laws applicable in the state where Kimberly Hodges Art and Design is headquartered, without regard to conflict-of-law principles.

Any disputes will be subject to the jurisdiction of the courts located in that state, to the extent permitted by applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms of Service are provided for convenience and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to review these Terms periodically.

Changes will become effective when posted unless otherwise stated.

Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms of Service.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Kimberly Hodges Art and Design
Email: hello@kimberlyhodges.com
Phone: 828-338-8582

For return requests, we will provide return instructions and the applicable return address when the return is approved.