Terms and Conditions

1. USE OF PRODUCTS
Form Function Art offers the Products to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or to purchase the Products. You are responsible for maintaining the confidentiality of your account password(s), and are responsible for all activities that occur under your account. You agree to immediately notify Form Function Art of any unauthorized use of your password or account or any other breach of security. Form Function Art cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

2. PURCHASES OF PRODUCTS VIA PAYPAL
The Site displays Products that are available for purchase. However, actual purchases are made via a third party site (PayPal). Please refer to PayPal’s terms and conditions for information regarding its services.

3. PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy at www.formfunctionart.com. By using the Site or purchasing or using the Products, you acknowledge and agree to the terms in the Privacy Policy.

4. INDEMNITY
You agree to hold harmless and indemnify Form Function Art, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively the “Released Parties”) from and against any third party claim arising from or in any way related to your use of the Products, violation of the Terms or any other actions connected with use of the Products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Form Function Art will provide you with written notice of such claim, suit or action.

5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RELEASED PARTIES DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. FURTHER, RELEASED PARTIES DO NOT WARRANT THAT ANY WORKS PURCHASED ARE AUTHENTIC. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORM FUNCTION ART OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORM FUNCTION ART OR RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; OR (iii) OTHER MATTER RELATING TO THE PRODUCTS.

7. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FORM FUNCTION ART’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

9. NOTICE
You agree that Form Function Art may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.

10. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Form Function Art and govern your use of the Products, superseding any prior agreements between you and Form Function Art for the use of the Products. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services provided by Form Function Art, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Form Function Art shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Madison County, Alabama.
Waiver and Severability of Terms. The failure of Form Function Art to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Section Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.