Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to contact us to arrange that the product be returned in unused condition using the standard return procedures.

Disclaimer of Warranties and Limitation of Liability

This site is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the fullest extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damaged of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Applicable Law

By visiting artbydesigninc.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Art By Design, Inc.

Disputes

Any dispute relating in any way to your visit to artbydesigninc.com or to products you purchase through Art By Design, Inc.  shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate Art By Design, Inc.’s  intellectual property rights, Art By Design, Inc.  may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Risk of Loss

All items purchased from Art By Design, Inc.  are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.