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TERMS OF USE

Thank you for visiting KathleenMcMahonFineArt.com web site ("the Site"). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.

PRIVACY
You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting the Site or accessing any products or services offered on the Site.

ELECTRONIC COMMUNICATIONS
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of KathleenMcMahonFineArt.com or its content suppliers and is protected by United States and international copyright laws. All content, including images of artwork, on the Site that is not the property of KathleenMcMahonFineArt.com is used with permission. The arrangement and compilation of all content on this site are the exclusive property of KathleenMcMahonFineArt.com and are protected by U.S. and international copyright laws. All software used on this site is the property of KathleenMcMahonFineArt.com or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the "Special Conditions" section below.

TRADEMARKS
Certain marks used on the Site are registered trademarks or service marks of KathleenMcMahonFineArt.com or our affiliated companies, in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of KathleenMcMahonFineArt.com or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other than KathleenMcMahonFineArt.com or our affiliated companies without our prior written consent. All other trademarks and service marks not owned by KathleenMcMahonFineArt.com or our affiliated companies that appear on this site are the property of their respective owners, and may or may not be used without their prior written consent.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
We honor the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase product from various suppliers that claim to have sufficient rights to allow us to display and sell the products on the site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the site pending our investigation.

If you believe that your work has been copied, distributed or used by us in a way that constitutes copyright or trademark infringement, please e*mail us and send COMPLETE details of the alleged infringement so we may investigate. We can only investigate claims made by the Authorized Copyright Owner (or Authorized Agent). You must also provide us your complete contact information, including phone number.

Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed.

LICENSE AND SITE ACCESS
We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without our prior written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KathleenMcMahonFineArt.com, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. You may not use any KathleenMcMahonFineArt.com logo or other proprietary graphic or trademark design as part of any link without our prior written permission or pursuant to our Affiliate Program Operating Agreement.

RISK OF LOSS
All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
We attempt to describe the products offered on the site as accurately as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE WARRANT THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, 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, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR, IF AVAILABLE, A CONFORMING REPLACEMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting the site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement.

MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

CONTACT US
Kathleen McMahon Fine Art
3150 18th Street, Suite 105
San Francisco, CA 94110
Phone: (415) 673-0802

SUBJECT TO CHANGE WITHOUT NOTICE

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To purchase artwork please call the gallery at 415-673-0802 or e*mail us to discuss any piece you may be interested in or with any questions.

Click here to sign up for our E*mail Exhibition Announcements or Artwork E*mail Alerts or request a custom commissioned piece of artwork.

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    © 2009  Kathleen McMahon Fine Art
3150 18th Street, Suite 105, San Francisco, CA 94110
phone 415.673.0802 | send us an e*mail.
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