Terms of service

Pigment and Petal Terms and Conditions

Overview

Welcome to Pigment & Petal! These Terms and Conditions ("Terms") govern your use of our website located at www.pigmentandpetalstudio.com (the "Website"), and any related services, products, and features provided by Pigment & Petal ("we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

These Terms apply to all visitors, users, and others who access or use the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Our store is hosted on a secure platform that provides us with the online e-commerce platform that allows us to sell our products and services to you. These Terms detail important aspects of our relationship with you, including but not limited to:

Definitions: Clarifying key terms used throughout these Terms.

Acceptance of Terms: Conditions under which you accept these Terms.

Eligibility: Requirements for using our Website and services.

Account Registration: How to create and manage your account.

Orders and Payment: Information on placing orders and payment processes.

Shipping and Delivery: Details about shipping methods and delivery times.

Returns and Refunds: Policies on returning products and receiving refunds.

Intellectual Property: Ownership and use of our intellectual property.

User Conduct: Rules governing your behavior on our Website.

Changes to Terms and Conditions: Our right to modify these Terms.

Accuracy, Completeness, and Timeliness of Information: Accuracy of the information provided on our Website.

Modifications to the Service and Prices: Changes to our services and prices.

Accuracy of Products and Services: Product and service descriptions.

Accuracy of Billing and Account Information: Billing and account information accuracy.

Third-Party Tools and Links: Use of third-party tools and links.

Personal Information: Handling of your personal information.

Errors, Inaccuracies, and Omissions: Addressing errors on our Website.

Prohibited Uses: Activities prohibited on our Website.

Limitations on Liability: Our limitations of liability to you.

Indemnification: Your agreement to indemnify us.

Governing Law: Laws governing these Terms.

Dispute Resolution: How disputes will be resolved.

Severability: What happens if part of these Terms is unenforceable.

Termination: Conditions under which these Terms may be terminated.

Other Policies and Entire Agreement: Other relevant policies and the entirety of our agreement.

By using our Website, you signify your agreement to these Terms. We encourage you to review these Terms periodically as they may be updated from time to time. If you have any questions or concerns about these Terms, please contact us at:

Pigment & Petal
Email: support@pigmentandpetalstudio.com
Customer Service: (732) 440-7980

Thank you for choosing Pigment & Petal. We appreciate your business and look forward to serving you!

Section 1: Definitions

"Website": Refers to the Pigment & Petal website located at www.pigmentandpetalstudio.com, including all subdomains, mobile applications, and related services.
"Company", "We", "Us", and "Our": Refers to Pigment & Petal, its affiliates, subsidiaries, officers, directors, employees, agents, and representatives.
"User", "You", and "Your": Refers to any individual or entity accessing or using the Website, whether as a registered user or as a guest.
"Content": Refers to all text, images, graphics, photos, videos, audio clips, software, data compilations, and other forms of data or communication available through the Website.
"Services": Refers to the various functionalities, features, and services offered on or through the Website, including, but not limited to, e-commerce transactions, subscription services, customer support, and any other service provided by Pigment & Petal.
"Account": Refers to the User profile created on the Website to access certain Services and features.
"Terms": Refers to these Terms and Conditions, including any future amendments or modifications, and any other policies, guidelines, or terms incorporated by reference herein.

Section 2: Acceptance of Terms

Binding Agreement: By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Website.
Modifications to Terms: We reserve the right to amend or modify these Terms at any time. Any such changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates or changes.
Additional Terms: Certain features of the Website may be subject to additional terms and conditions, which will be presented to you when you use those features. By using such features, you agree to comply with these additional terms and conditions, which are hereby incorporated by reference into these Terms.

Section 3: Eligibility

Minimum Age Requirement: The Website is intended for use by individuals who are at least 18 years old. By using the Website, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not use the Website.
Legal Authority: By accessing and using the Website, you represent and warrant that you have the legal capacity and authority to enter into these Terms. If you are using the Website on behalf of an entity, such as a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
Compliance with Laws: You agree to use the Website in compliance with all applicable local, state, national, and international laws and regulations. It is your responsibility to ensure that your use of the Website is lawful in your jurisdiction. You further agree not to use the Website for any illegal or unauthorized purpose.

Section 4: Account Registration

Account Creation: In order to access certain features or Services on the Website, you may be required to create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete at all times. Failure to provide accurate information may result in the suspension or termination of your Account.
Account Security: You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. Pigment & Petal will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Account Usage: You agree not to use another User’s Account without their express permission. You are solely responsible for all activities that occur under your Account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.
Termination of Account: We reserve the right to suspend or terminate your Account at any time, with or without notice, for any reason, including but not limited to, a violation of these Terms, fraudulent or illegal activity, or any other conduct that we, in our sole discretion, deem harmful to the Website, other Users, or third parties. Upon termination of your Account, your right to access and use the Website and Services will immediately cease.

Section 5: Orders and Payment

Order Placement:

- By placing an order on the Website, you are making an offer to purchase the products or services selected in accordance with these Terms.
- All orders are subject to acceptance by Pigment & Petal. We reserve the right to refuse or cancel any order for any reason, including inaccuracies, errors in product or pricing information, or if we suspect fraudulent activity.
- Once you place an order, you will receive an email confirmation acknowledging receipt of your order. This email does not constitute acceptance of your order but merely confirms that we have received it.

Pricing and Availability:

- All prices on the Website are listed in U.S. dollars unless otherwise stated. Prices and availability of products are subject to change without notice.
- We strive to provide accurate product and pricing information but do not guarantee the accuracy of such information.
- In the event of a pricing error, we reserve the right to cancel any orders placed for the affected product. If your order is canceled due to a pricing error, we will notify you and provide a full refund.

Payment Methods:

- We accept various forms of payment, including major credit cards (Visa, MasterCard, American Express, and Discover), PayPal, and other payment methods as indicated on the Website.
- By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including any applicable taxes and shipping charges.
- If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You agree to resolve any payment issues promptly to proceed with your order.

Payment Terms:

- Payment must be received by Pigment & Petal before our acceptance of an order.
- We may require additional information from you prior to accepting an order, such as verification of your identity or address.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Order Confirmation:

- After placing an order, you will receive an order confirmation email. This email serves as acknowledgment that we have received your order but does not constitute acceptance of your order.
- Your order is only accepted once we have shipped the products to you and sent you a shipping confirmation email. We reserve the right to cancel any order and provide a refund at our sole discretion.

Section 6: Shipping and Delivery

Shipping Methods:

- We offer various shipping methods to deliver your orders. The shipping options available to you will depend on your location and the items in your order.
- Shipping costs are calculated based on the weight, dimensions, and destination of your order and will be displayed at checkout. We strive to offer reliable and cost-effective shipping options to meet your needs.

Shipping Timeframes:

- While we strive to process and ship orders promptly, shipping times are estimates and may vary due to factors beyond our control, such as weather conditions, carrier delays, and customs processing.
- We are not responsible for any delays in shipping once the order has been handed over to the carrier. You will be provided with an estimated delivery date, but this date is not guaranteed.

Shipping Confirmation:

- Once your order has been shipped, you will receive a shipping confirmation email with tracking information.
- You can use the tracking number provided to monitor the status of your shipment. It is your responsibility to track your order and ensure that you are available to receive the delivery.

Delivery Address:

- It is your responsibility to provide a valid and complete delivery address. Pigment & Petal is not responsible for any delays or failed deliveries resulting from incorrect or incomplete address information provided by you.
- If an order is returned to us due to an incorrect or incomplete address, we will contact you to arrange for re-shipment, and you may be responsible for additional shipping charges.

International Shipping:

- We offer international shipping to select countries. International orders may be subject to customs duties, taxes, and fees, which are the responsibility of the recipient.
- Pigment & Petal is not responsible for any additional charges imposed by customs authorities. It is your responsibility to understand and comply with any applicable import regulations in your country.

Shipping Insurance:

- For added protection, we offer shipping insurance for an additional fee. Shipping insurance covers loss or damage to your order during transit.
- If you choose to purchase shipping insurance, you will be provided with the terms and conditions of the coverage. If you do not purchase shipping insurance, Pigment & Petal is not responsible for any loss or damage to your order during transit.

Section 7: Returns and Refunds

Return Policy:

- If you are not satisfied with your purchase, you may return eligible items in accordance with our Return Policy.
- Please refer to the Return Policy on our Website for detailed information on the return process, eligibility criteria, and instructions. The Return Policy outlines the conditions under which returns are accepted, the timeframe for returns, and any applicable fees.

Refund Policy:

- Refunds will be issued to the original form of payment or as store credit, as specified in our Refund Policy.
- Items eligible for refunds must meet the conditions outlined in the Refund Policy. Refunds for returned items will be processed once the items are received and inspected by Pigment & Petal.
- Please allow 5-7 business days for the refund to be processed and appear on your payment statement.

Non-Returnable Items:

- Certain items are not eligible for return or refund, including but not limited to, gift cards, personalized or custom-made products, final sale or clearance items, and perishable goods such as flowers or plants.
- For a complete list of non-returnable items, please refer to our Return Policy. If you attempt to return a non-returnable item, the item will be returned to you at your expense.

Damaged or Incorrect Items:

- If you receive a damaged or incorrect item, please contact our customer service team within 48 hours of delivery.
- Provide your order number, photos of the damaged or incorrect item, and a description of the issue.
- We will arrange for a replacement or refund as necessary. We may request that you return the damaged or incorrect item to us, in which case we will provide you with a prepaid shipping label.

Return Shipping Costs:

- Unless the return is due to a defective or incorrect item, you are responsible for the cost of return shipping.
- We recommend using a trackable shipping method for your return. Pigment & Petal is not responsible for items lost or damaged during return shipping.
- If you are eligible for a refund, the cost of return shipping will be deducted from your refund amount.

Exchange Policy:

- If you received a defective or incorrect item, you may request an exchange instead of a refund.
- We maintain the right to require the return of the incorrect item prior to shipping the replacement.
- Alternatively, you may create a new order for the correct item and proceed with the standard return process for the incorrect item, at your discretion.
- Exchanges are subject to product availability. If the product you wish to exchange is no longer available, you may be offered a substitute or a refund.

Restocking Fee:

- Certain returns may be subject to a restocking fee, as specified in our Return Policy. The restocking fee will be deducted from your refund amount.
- Restocking fees apply to items that are returned in a condition that prevents them from being resold as new. This includes items that are missing original packaging, accessories, or documentation.

Ownership of Intellectual Property:

The entirety of the content, features, and functionality available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content"), is the exclusive property of Pigment & Petal and its licensors. This Content is safeguarded by a variety of intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights laws.
The structure, organization, and code of the Website are also proprietary to Pigment & Petal. All rights, title, and interest in and to the Content, including all intellectual property rights therein, are and will remain with Pigment & Petal and its licensors. You acknowledge that you do not acquire any ownership rights by using the Website.

Trademarks:

The trademarks, service marks, logos, trade names, and trade dress (collectively, the "Trademarks") displayed on the Website are registered and unregistered Trademarks of Pigment & Petal or third parties who have authorized their use by Pigment & Petal. These Trademarks are protected by trademark laws and various other intellectual property rights and unfair competition laws.
You are not granted any right or license to use the Trademarks without the prior written permission of Pigment & Petal or the respective trademark owner. Unauthorized use of the Trademarks in any manner is strictly prohibited. This includes, but is not limited to, the use of Trademarks in any advertising or publicity, or as a hyperlink without prior written consent from Pigment & Petal.

Use of Content:

Pigment & Petal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for your personal, non-commercial use only, provided that you comply with these Terms. This license is subject to these Terms and does not include:

The right to modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as explicitly permitted in these Terms.
The right to use any data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content automatically terminates the license granted by Pigment & Petal without prejudice to any other remedy provided by applicable law or these Terms. Unauthorized use may also violate intellectual property laws, privacy laws, and communications regulations and statutes.

User Contributions:

If you submit, post, or otherwise make available any content, including but not limited to reviews, comments, photos, or other materials (collectively, "User Contributions"), you grant Pigment & Petal a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media.
You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Pigment & Petal, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Pigment & Petal is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Infringement Claims:

Pigment & Petal respects the intellectual property rights of others and expects users to do the same. If you believe that any Content or User Contributions on the Website infringe your intellectual property rights, please notify us promptly by providing the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of the material that you claim is infringing and where it is located on the Website.
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 intellectual property 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 intellectual property owner or authorized to act on the intellectual property owner's behalf.

Upon receipt of a valid notice of claimed infringement, Pigment & Petal will investigate and take appropriate actions, which may include removing or disabling access to the allegedly infringing material. We will also attempt to contact the user who posted the material to give them an opportunity to respond to your allegations.

Third-Party Content:

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. Pigment & Petal has no control over the content, privacy policies, or practices of any third-party websites or resources, and is not responsible for their content or accuracy.
Pigment & Petal does not endorse or approve any third-party content, products, or services that may be referenced on the Website. Your use of third-party websites or resources is at your own risk and subject to the terms and conditions of use for such websites or resources. We encourage you to review the terms and policies of any third-party site you visit.

Reservation of Rights:

All rights not expressly granted to you in these Terms are reserved by Pigment & Petal. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pigment & Petal or its licensors, except for the licenses and rights expressly granted in these Terms.
Any use of the Website and Content not specifically permitted by these Terms is strictly prohibited and may violate intellectual property laws or other regulations. Pigment & Petal reserves the right to take any legal action necessary to enforce its intellectual property rights and these Terms.

Section 9: User Conduct

Prohibited Activities: As a user of the Website, you agree not to engage in any of the following activities:
- - Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  - Impersonating any person or entity, including but not limited to, a Pigment & Petal employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  - Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website, or which, in our sole judgment, exposes Pigment & Petal or any of its users, customers, or suppliers to any liability or detriment of any type.
  - Engaging in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
  - Using any automated means, including robots, spiders, or data mining techniques, to download, monitor, or copy any part of the Website.
  - Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Pigment & Petal server, or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate means.
  - Engaging in any fraudulent or deceptive practices or activities.
User Content:

- You are solely responsible for the content and other materials you post, submit, or otherwise make available on or through the Website. You represent and warrant that any such content does not infringe any third-party intellectual property rights, rights of privacy or publicity, or any other rights, and that you have the necessary rights and licenses to post and use such content.

Monitoring and Enforcement:

- Pigment & Petal reserves the right, but has no obligation, to monitor user activity and content on the Website. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate, including, but not limited to, issuing warnings, suspending or terminating accounts, removing content, or reporting you to law enforcement authorities.

Section 10: Changes to Terms and Conditions

Right to Modify:

- Pigment & Petal reserves the right to modify or update these Terms and Conditions at any time, at its sole discretion. Any changes will be effective immediately upon posting on the Website.

Notification of Changes:

- We will notify you of any material changes to these Terms and Conditions by posting a notice on the Website or by other means as required by law. You are responsible for reviewing these Terms and Conditions periodically for any updates or changes.

Continued Use:

- Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. If you do not agree to the updated Terms and Conditions, you must stop using the Website.

Binding Agreement:

- These Terms and Conditions constitute a binding agreement between you and Pigment & Petal. No waiver of any provision or breach of these Terms and Conditions shall be deemed a waiver of any other provision or subsequent breach, nor shall any waiver constitute a continuing waiver.

Section 11: Accuracy, Completeness, and Timeliness of Information

Information Accuracy:

- We strive to provide accurate and up-to-date information on our Website; however, we make no guarantees regarding the accuracy, completeness, or timeliness of the information available. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.

No Reliance:

- Any reliance on the material on this Website is at your own risk. The Website may contain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website.

Section 12: Modifications to the Service and Prices

Price Changes:

- Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue any service or product offered on the Website at any time, without prior notice.

Service Modifications:

- We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any service or product.

Section 13: Accuracy of Products and Services

Product Descriptions:

- We make every effort to display the products and services as accurately as possible, including colors, images, and descriptions. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

Product Availability:

- All products are subject to availability, and we reserve the right to limit the quantity of any product or service we offer. We may also discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

Section 14: Accuracy of Billing and Account Information

Account Information:

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Billing Accuracy:

If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to refuse any order you place with us.

Section 15: Third-Party Tools and Links

Third-Party Tools:

We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Third-Party Links:

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. Pigment & Petal is not responsible for the content, products, or services on or available from those websites or resources, nor does it endorse or approve any such third-party content, products, or services.

Section 16: Personal Information

Privacy Policy:

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding your personal information.

Section 17: Errors, Inaccuracies, and Omissions

Corrections:

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

Section 18: Prohibited Uses

Prohibited Conduct:

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Website or its Content:

For any unlawful purpose.
To solicit others to perform or participate in any unlawful acts.
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
To submit false or misleading information.
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet.
To collect or track the personal information of others.
To spam, phish, pharm, pretext, spider, crawl, or scrape.
For any obscene or immoral purpose.
To interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

Section 19: Limitations on Liability

Disclaimer of Warranties:

The Website and all content, products, and services provided on the Website are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pigment & Petal does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.

Limitation of Liability:

To the fullest extent permitted by applicable law, Pigment & Petal, its officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use, or inability to use, the Website, even if Pigment & Petal has been advised of the possibility of such damages.

Exclusions and Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Pigment & Petal's liability is limited to the greatest extent permitted by law.

Section 20: Indemnification

Indemnity:

You agree to defend, indemnify, and hold harmless Pigment & Petal, its officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your access to and use of the Website, including any data or content transmitted or received by you.
Your violation of any term of these Terms and Conditions or any other policies or agreements referenced herein.
Your breach of any representation, warranty, or covenant made by you in these Terms and Conditions.
Your violation of any applicable law, rule, or regulation.
Your infringement or misappropriation of any intellectual property or other rights of a third party.
Your use of any third-party service, website, or content linked to or associated with the Website.
Any negligent or wrongful conduct by you or any other person accessing the Website using your account, credentials, or identity in connection with your use of the Website.

Defense and Settlement:

You agree that Pigment & Petal may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Pigment & Petal in asserting any available defenses.
You further agree not to settle any such matter without the prior written consent of Pigment & Petal. Pigment & Petal will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Survival:

The indemnification obligations under this Section 11 will survive the termination or expiration of these Terms and Conditions and your use of the Website.

Section 21: Governing Law

Applicable Law:

These Terms and Conditions and your use of the Website shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal or state courts located in the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Section 22: Dispute Resolution

Informal Resolution:

Before initiating any legal action or arbitration, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the Website (each, a "Dispute") informally by contacting Pigment & Petal at support@pigmentandpetalstudio.com. Most concerns can be quickly resolved in this manner.

Arbitration Agreement:

If a Dispute cannot be resolved informally within thirty (30) days of your submission of the Dispute to Pigment & Petal, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of New Jersey, unless otherwise agreed by the parties.

Arbitration Procedure:

The arbitration will be conducted by a single arbitrator selected by the parties from a list provided by the AAA. If the parties cannot agree on an arbitrator, the AAA will appoint one in accordance with its rules. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, specific performance and injunctive relief.
The arbitrator's award shall be in writing and shall include the findings of fact and conclusions of law upon which the award is based. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Waiver of Jury Trial:

You and Pigment & Petal agree to waive the right to a trial by jury for any Dispute.

Class Action Waiver:

You and Pigment & Petal agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Pigment & Petal each waive any right to a jury trial.

Section 23: Severability

Severability Clause:

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 24: Termination

Termination Rights:

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Section 25: Other Policies and Entire Agreement

Other Policies:

These Terms and Conditions, along with any other policies or operating rules posted by us on this Website or in respect to the service, constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Entire Agreement:

No waiver by Pigment & Petal of any breach or default under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Section 26: Contact Information

Questions about the Terms of Service should be sent to support@pigmentandpetalstudio.com.

Our contact information is posted below: