FD LONGO LLC TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.
Description of Service
Fdlongo.com is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving fdlongo.com (the “Site”) products, goods and services (each, a “Service” and collectively, the “Services”) and/or otherwise transact business with FD Longo LLC, referred to as (“Seller”, “FD Longo Art “, “we”, “us”, or “our”).
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY PURCHASING A PRODUCT ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU (“YOU”, “YOUR”, “PURCHASER”, “BUYER’) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THE SITE AND/OR SERVICES.
IF YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND CONDITIONS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
NO WARRANTIES
THE SITE, SERVICES, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" and “AS AVAILABLE” BASIS. USE OF THE SERVICES AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SERVICES AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FD LONGO ART MAKES NO WARRANTY THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FD LONGO ART MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCT, GOODS, SERVICES, CONTENT OR GOODS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. FD LONGO ART ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL FD LONGO ART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SERVICES, THE PERFORMANCE OF THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE, OR ANY OTHER WEBSITE, EVEN IF FD LONGO ART IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of the Site
Contents included in the Site are solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Site without the prior written consent of FD Longo ART, which may be withheld in its sole discretion.
Copyrights and Other Intellectual Property
The Services and contents of this Site, including text, graphics, icons, artwork images, service marks, trade names, logos and other proprietary information, are the sole and exclusive property of FD Longo LLC, Aurora, Ohio. The posting of the Contents of this Site neither constitutes a waiver of any of FD Longo LLC's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Site user or to any third party. Contents of this Site are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Site. All of the above may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use.
The display of trademarks within the Site does not grant a license of any kind to the reader. Any downloading of Content or other material contained in the Site, or of any website linked to the Site may be a violation of trademark and copyright laws.
Links to Other Websites
The Services may establish links between the Site and one or more websites operated by third parties. FD Longo Art has no control over any such other websites or the contents therein. The existence of any such links shall not constitute an endorsement by FD Longo Art of such websites, the contents of the websites, or the operators of the websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Transmissions to and from the Site
Except where expressly indicated otherwise, transmissions to and from the Site or directed to FD Longo Art, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by FD Longo Art. Please do not use E-mail to send us communications which contain confidential information. Any transmission to the Site, including E-mails shall be deemed and remain the property of FD Longo Art. FD Longo Art shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Site user to FD Longo Art through the Site.
Available Only Where Permitted by Law
The products of FD Longo Art are available only in the United States and other countries where permitted by law.
Modifications
FD Longo Art may at any time make modifications, changes, and alterations to the Contents of the Site, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Site following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Ohio, without regard to the conflict of laws thereof, and to the laws of the United States of America.
Venue
Disputes arising from the use of the Site shall be exclusively subject to the jurisdiction of any federal or state court for the Northern District of Ohio or the county of Portage.
Severability
To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
Waiver
No waiver by FD Longo Art of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
Eligibility
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Information for Customers
All prices, fees and other amounts referred to in these Terms and Conditions, set forth on the Site for products are stated in U.S. Dollars. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (sales, use, value added (“VAT”), goods and services (“GST”)) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions and you acknowledge that you are responsible for these charges.
You are responsible to check with your country's customs office to determine any additional fees prior to purchasing. The additional fees are normally collected by the delivering shipping company or when picked up from the shipping destination. If you refuse to pay the additional import fees, in most cases the shipment will be abandoned in the destination country and destroyed by customs or the carrier. In this instance, we will be unable to issue you a refund for the purchase price.
Law requires FD Longo Art to declare the full value (Purchase Price) and purpose (Commercial) of Products on any waybills or customs documentation. We cannot declare a lower value than the purchase price that you paid, and cannot designate it as a "Gift" or "Sample".
Ohio residents pay sales tax.
Return Policy
The terms and conditions of FD Longo Art’s then-current Return Policy apply to any product that you purchase through the Services.
Shipping
FD Longo Art is not responsible for shipping delays or omissions caused by the carrier or country’s custom.
Order Cancellations
FD Longo Art reserves the right to cancel any order for a Product placed via the Services if FD Longo Art determines, in its reasonable discretion, that the item is mispriced or otherwise unavailable at the price listed via the Services. If we cancel an order placed via the Services, we will send you an email confirmation of such cancellation and you will not be charged for your order.
Color
You understand and agree that all Products by FD Longo Art are photographed with a high-resolution digital camera to ensure accuracy. All reasonable efforts are made to display the colors of the Product accurately via the Services. However, because individual computer monitors may display colors differently, FD Longo Art is not responsible for the color accuracy of any Product displayed on the Services, and disclaims all liability in this regard.
Fraud and Harassment
Buyer may not purchase under a false name, false id, or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws. Harassment in any manner or form on the Site, including but not limited to via E-mail, contact messages, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is derogatory, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Service Contact
Any comment or question relating to any transaction conducted through the Site should be directed through customer-service@FDLongo.com or:
FD Longo LLC
Attention: Customer Service
400 Aurora Commons Cir #129
Aurora, Ohio 44202