Privacy, Security & Service Policies

 

This Privacy Policy governs the manner in which The Asil Art Factory collects, uses, maintains and discloses information collected from users (each, a "User") of the www.TheAsilArtFactory.com website ("Site"). This privacy policy applies to the Site and all products and services offered by The Asil Art Factory.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, an option to subscribe to our newsletter is available and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, or payment information.

Users may, however, visit our Site without a login.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities such as ordering from us.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer or device and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web Browser Cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How We Use Collected Information

The Asil Art Factory collects and uses Users personal information for the following purposes:

• To improve customer service

• Your information helps us to more effectively respond to your customer service requests and support needs

• To personalize user experience

• We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site

• To improve our Site

• We continually strive to improve our website offerings based on the information and feedback we receive from you

• To process transactions

• To administer a content, promotion, survey or other Site feature

• To send periodic promotional emails regarding The Asil Art Factory 

• We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

• To send Users information they agreed to receive about topics we think will be of interest to them including but not limited to Rewards programs, coupons, product information, warranty information and promotional materials.

The email address Users provide for order processing, will be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list or newsletter, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing Your Personal Information

We do not sell, trade, or rent Users personal identification information to others.

We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission including order transactions, obtaining the product, shipping the order and tracking the order.

Third Party Websites

Users may find; product offerings, payment processors, billing, shipping, returns, customer service, loyalty, coupon, fraud evaluation, advertising or other content on our Site that link to the sites and/or services of our partners, suppliers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. These companies help us improve the function, products and services we offer. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Your Rights in California

If you are a California resident, you have the right to request your personal information we hold about you. You have the right to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information page on this site or use one of the ways of contacting us at the bottom of this page.

If you are a California resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred inside the United States for the purpose of fulfilling and tracking your order.

Your Rights in Europe

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information page on this site.

If you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Our Rights

We reserve the right to refuse to sell to anyone for any reason. Although we have never used this policy, it is good to have in place.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes To This Privacy Policy

The Asil Art Factory has the discretion to update this privacy policy at any time. When we do, post a notification at the top of privacy policy page with a revision date. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your Acceptance Of These Terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

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Terms & Conditions

 

Introduction

These Terms of Use (“Terms”) are effective as of July. 17‚ 2021.

Please read and understand. These Terms set forth important details about your relationship with The Asil Art Factory‚ including the rights you grant to The Asil Art Factory‚ restrictions on how you can use this web site‚ The Asil Art Factory’s liability in the event something goes wrong‚ and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This web site (the “Site”) is owned and operated by The Asil Art Factory. (collectively‚ “The Asil Art Factory‚” “We” or “Us”). By accessing‚ using‚ registering for‚ or purchasing merchandise from the Site‚ you agree to be bound by these Terms. All visitors to and users of any aspects of Site (collectively‚ “Users”) are bound by these Terms.

The Asil Art Factory reserves the right to make changes to this Site‚ our policies and these Terms at any time. All changes are effective upon posting. By accessing‚ signing in or registering to use the Site‚ you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms‚ you should not access, use‚ register for‚ or purchase merchandise from the Site.

Please note that the guidelines‚ policies and other terms and conditions of service and use of other web sites and/s affiliated with The Asil Art Factory may vary from these Terms. If The Asil Art Factory affiliate has separate terms of use for its website(s) and/(s)‚ or a separate agreement governing its use‚ the provisions of the affiliate site’s terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein‚ these Terms apply to the entire network of The Asil Art Factory Site‚ and control your use thereof. Except in the event of a conflict‚ as described in this paragraph‚ these Terms apply in addition to any other policies or agreements that may apply to you related to any contests‚ sweepstakes‚ rewards or loyalty programs‚ surveys‚ transactions or purchases of goods or services‚ or other engagements you have with the Site.

Eligibility

The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access, use‚ register or purchase merchandise on the Site. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence)‚ and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.

Privacy

The Asil Art Factory believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy‚ which we encourage you to review.

Changes to the Site

You agree and understand that the Site‚ including any and all features available via the Site and any User Content (as defined below)‚ may be modified by us‚ in our sole discretion‚ at any time without prior notice. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. We do not actively monitor‚ and undertake no obligation to monitor or modify‚ any reviews‚ information‚ content‚ data‚ text‚ links to third party websites‚ User profile information‚ sounds‚ photographs‚ graphics‚ video‚ messages or other materials uploaded or made available via the Site by or on behalf of any User (all such items provided by or on behalf of Users‚ collectively‚ “User Content”). Nonetheless‚ we reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation‚ by removing any User Content posted in violation of these Terms‚ terminating the registration of such violators or blocking such violators’ use of the Site.

Registration

In order to access some features of the Site‚ you may be required to register and to select a password and user name‚ which shall consist of an email address you provide (“User ID”). To register‚ use the registration form available by clicking the “My Account” link near the top of any page on the Site. If you register‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information. For example‚ you may not: (i) enter‚ select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person‚ or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms‚ which may result in immediate termination of your account. In addition‚ we reserve the right to refuse registration of‚ or cancel‚ a User ID in our discretion.

Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password‚ whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal‚ non-commercial use only‚ unless otherwise authorized in writing by us. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware‚ and (b) ensure that you exit from your account at the end of each session.

Use of the Site/License/Services

Subject to your compliance with these Terms‚ The Asil Art Factory grants you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on the Site. Except as noted above‚ Users of the Site are not conveyed any right or license by implication‚ estoppel‚ or otherwise in or under any patent‚ trademark‚ copyright‚ or proprietary right of The Asil Art Factory or any third party.

You may not use‚ frame or utilize framing techniques to enclose any The Asil Art Factory trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without The Asil Art Factory’s express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing a The Asil Art Factory name‚ trademark‚ or product name without The Asil Art Factory express written consent.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws‚ trademark laws (including trade dress)‚ and communications regulations and statutes. Violators will be prosecuted to the fullest extent of the law.

Permitted uses of the Site include soliciting opinions‚ ideas and other input from Users; sharing ideas and opinions with other Users‚ searching the Site for User Content (as defined herein) and business or product information‚ and purchasing goods or services from the Site for personal use‚ not for resale. You may also invite people you know to join the Site. You acknowledge and agree that we do not control the User Content posted to the Site‚ or any links to other websites‚ including the content of any messages posted by Users‚ and that we do not guarantee the accuracy‚ integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse‚ support, sanction‚ encourage‚ verify‚ or agree with the comments‚ opinions‚ or statements or other User Content posted on or otherwise displayed on or transmitted via the Site‚ or (ii) we do not make any promises‚ guarantees or warranties with respect to any of the User Content or products‚ services‚ information‚ content or materials featured or mentioned on the Site. All User Content‚ including advice and opinions posted by Users‚ comprises the views and responsibility of those who post such User Content‚ and does not necessarily represent the views of The Asil Art Factory. You understand that‚ by using the Site‚ you may be exposed to User Content that is offensive‚ indecent or objectionable.

In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss of any nature whatsoever arising from or relating to any use‚ continued use or reliance on any user content‚ any error or omission in any user content‚ any claim that any user content is defamatory‚ libelous or violates any right of any third party‚ or the defamatory‚ offensive or illegal conduct of any user or third party. You expressly agree that you bear any and all risks associated with your access to‚ contribution to‚ use of and/or reliance on user content.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms‚ you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

• download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of the Site‚ except and to the extent expressly permitted under these Terms;

• remove any copyright‚ trademark, watermark, logo or other proprietary rights notice contained in or on the Site;

• use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of the Site;

• collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;

• reformat or frame any portion of any Web pages or images that are part of the Site;

• create user accounts by automated means or under false or fraudulent pretenses;

• create or transmit to other Users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other Users’ enjoyment of the Site;

• submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;

• transmit or upload to the Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of the Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of the Site by any User;

• use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

• submit to the Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;

• copy or store any User Content offered on the Site other than for your personal‚ non-commercial use;

• take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;

• use the Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law; or

• collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Copyrights

If you believe any User Content or any other aspect of the Site infringes your copyright‚ you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Site;

• Your address‚ telephone number and email address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law;

• A statement by you‚ made under penalty of perjury‚ that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

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Ownership

As between you and us‚ the Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors. As between you and us‚ subject to any licenses and rights expressly granted herein‚ any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of ours or any of our licensors.

Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of The Asil Art Factory or their respective owners‚ as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners‚ who may or may not be affiliated with‚ connected to‚ or sponsored by us. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on the Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent‚ copyright‚ trademark‚ trade secret or other proprietary right of The Asil Art Factory.

Disclaimer

You expressly agree that your use of the site‚ and of any user content‚ information‚ advice‚ services‚ products‚ and other materials contained in or described on the site‚ is entirely at your own risk‚ and that all such information and materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law‚ we make no‚ and hereby disclaim all‚ representations or warranties of any kind‚ express or implied‚ as to the availability‚ operation and/or use of the site‚ including but not limited to any user content provided via the site‚ and all other content‚ services‚ products‚ and other information and materials contained in or described on the site‚ including but not limited to‚ warranties of merchantability‚ fitness for a particular purpose‚ and non-infringement‚ and implied warranties arising from course of dealing or course of performance. Certain state laws do not allow limitations on the length of an implied warranty. To the extent any such state law applies to you‚ the limitation described herein may not apply to you. in addition‚ we do not represent or warrant that the information and content accessible via the site is accurate‚ complete or current‚ and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of‚ inability to use‚ or reliance on any aspect of the site‚ including but not limited to user content and all other content‚ services‚ products‚ and other information and materials contained in or described on the site. Further‚ we make no representations and warranties that the site or the user content will be uninterrupted‚ secure‚ or free of errors‚ viruses‚ or other harmful components. No advice or information‚ whether oral or written‚ obtained by any user from us or the site shall create any warranty not expressly stated herein.

Limitation on Liability

In no event shall The Asil Art Factory or their respective affiliates‚ or the directors‚ officers‚ members‚ managers‚ employees‚ agents or representatives of any of the foregoing‚ be liable to you or any third party for damages of any kind (including‚ but not limited to‚ any direct‚ indirect‚ special‚ punitive‚ incidental or consequential damages or damages for loss of profits‚ goodwill or revenue‚ business interruption‚ or loss of data) arising out of the use of‚ access to‚ reliance on‚ unavailability of‚ inability to use‚ or improper use of the site‚ including but not limited to any user content‚ reviews‚ advice‚ services‚ products‚ and other information and materials contained in or described on site‚ or the disclosure or misuse of any user’s personal information‚ even if they have been advised of the possibility of such damages‚ and regardless of the form of action‚ whether in contract‚ tort‚ or otherwise. In no event shall The Asil Art Factory be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.

Indemnity

You agree to indemnify and hold The Asil Art Factory and its affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any losses‚ costs‚ expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim‚ cause of action‚ suit or demand of any third party due to‚ arising out of or related to (i) your access to the Site‚ (ii) your use of the Site‚ (iii) any User Content posted‚ uploaded or transmitted by you‚ (iv) your use or distribution of any User Content‚ (v) your violation of these Terms of Use‚ (vi) any use of your User ID or password by you or any third party‚ or (vii) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.

Links to Third Party Sites

The Site may display links to third party sites. We are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site.

Placing an Order/International Shipping

The Asil Art Factory currently uses various third party services to ship products to locations within the 50 United States‚ the District of Columbia‚ and some APO/FPO addresses. The Asil Art Factory does not currently ship internationally.

The Asil Art Factory charges sales tax for merchandise ordered on the The Asil Art Factory Site based on the applicable state sales tax rate of Michigan.

GENERAL

Local Restrictions

The Asil Art Factory reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Limitations on Quantity

To properly serve all customers‚ The Asil Art Factory reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. The Asil Art Factory further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the The Asil Art Factory site is expressly prohibited. The Asil Art Factory reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.

Colors

The Asil Art Factory may display advertising prints for products sold through a The Asil Art Factory Site. The Asil Art Factory attempts to display the colors of the products shown on the The Asil Art Factory Site as accurately as possible. The user must read all of the description provided and review all of the photos before making selections. We cannot guarantee that the color you see matches the product color‚ as the display color depends‚ in part‚ upon the device visual interface setting or monitor used by you.

Pricing

Pricing errors may occur on the The Asil Art Factory Site from time to time. The Asil Art Factory attempts to correct all pricing errors as soon as they are discovered‚ or as soon as The Asil Art Factory receives notice of an error. The Asil Art Factory reserves the right to cancel any orders containing pricing errors‚ with no further obligations to you‚ even after your receipt of an order confirmation or shipping notice from The Asil Art Factory. Any payments you make to The Asil Art Factory for orders that are cancelled due to pricing errors will be refunded.

Returns and Cancellations

Orders you submit online may not be cancelled online immediately. Online orders may be cancelled by contacting customer service. All returns of merchandise are subject to the The Asil Art Factory Returns Policy.

Confidential Arbitration

You agree that by entering into these Terms‚ you and The Asil Art Factory are each waiving the right to trial by jury and the ability to participate in a class action.

All disputes between you and The Asil Art Factory relating in any way to the The Asil Art Factory site (including without limitation orders made from the The Asil Art Factory site‚ The Asil Art Factory’s advertisements and disclosures‚ email and mobile sms (text) messages The Asil Art Factory sends to you‚ or relating to the collection or use of any information about you in connection with the The Asil Art Factory site)‚ these terms‚ or your status as a user will be submitted to confidential arbitration in the federal judicial district in which you reside‚ except to the extent that you have‚ in any way‚ violated or threatened to violate any company intellectual property right.

Any User who intends to seek arbitration must first send to The Asil Art Factory by certified mail‚ a written Notice of Dispute (“Notice”). The Notice must be mailed to The Asil Art Factory, 6689 Orchard Lake Road, Ste 185 West Bloomfield, MI 48322. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received‚ either party may commence arbitration.

All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under‚ or with respect to‚ the Site (including‚ without limitation‚ any The Asil Art Factory advertisement or disclosure‚ any email or mobile SMS (text) message that The Asil Art Factory sends to you‚ the collection or use of any information about you in connection with the Site)‚ these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless The Asil Art Factory and you agree otherwise‚ the arbitrator may not consolidate more than one User’s claims‚ and may not otherwise preside over any form of a representative‚ private attorney general or class proceeding.

For arbitration claims you assert against The Asil Art Factory in accordance with this section (but not for any arbitration claim against you) The Asil Art Factory will pay all of your administrative‚ hearing‚ and arbitrator’s fees and costs for the arbitration (but not the fees‚ expenses‚ and costs of your lawyers‚ experts‚ or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful‚ The Asil Art Factory will pay its‚ and you will pay your‚ lawyers’‚ experts’‚ and witness fees‚ expenses‚ and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly‚ an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration‚ the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

To the extent permitted by law‚ you will not agree to act as a representative or a private attorney general‚ or in any other representative capacity‚ or participate as a member of a class of claimants in any lawsuit against The Asil Art Factory in any court‚ or in arbitration‚ with respect to any claims relating in any way to The Asil Art Factory  (including without limitation orders made from The Asil Art Factory site‚ The Asil Art Factory’s advertisements and disclosures‚ email and mobile sms (text) messages The Asil Art Factory sends to you‚ or relating to the collection or use of any information about you in connection with the The Asil Art Factory site)‚ these terms‚ or your status as a user. This section (confidential arbitration) will survive the termination of the relationship between you and The Asil Art Factory.

The Asil Art Factory or you may seek injunctive relief in any state or federal court in Lansing‚ Michigan‚ USA‚ and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Lansing‚ Michigan‚ USA for injunctive relief purposes.

Applicable law

By visiting the The Asil Art Factory Site‚ you agree that the laws of the State of Michigan‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and The Asil Art Factory.

Miscellaneous

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind The Asil Art Factory in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on the Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and The Asil Art Factory regarding use of the Site. The Asil Art Factory’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the Site and any notices regarding the Site.

Contact and Violations

For claims or requests for arbitration‚ see the Confidential Arbitration section of these Terms of Use.

Please contact us with any questions regarding these Terms.