Terms & Conditions

Welcome to the GraemeBaxter.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 our Privacy Policy, which also governs your visit to the Site, to understand our privacy practices.

LICENSE AND SITE ACCESS

We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to: reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Site Content") for any commercial purpose, except as provided under our Affiliate Program; use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet "search engines," hit counters or similar technology); use any meta tags, search terms, key terms, or the like that contain the Site's name or trademarks used on the Site; engage in any activity that interferes with the Site or another user's ability to use the Site; modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site; or assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

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.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We urge all Photos To Art users to maintain backup versions of all materials submitted to us to guard against losses of any kind. You understand and agree that the provision of any materials to us through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content. We are not responsible for any loss of data and/or files resulting from our suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason. In addition, we are not required to return any materials you submit to the Site.

All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of GraemeBaxter.com or its content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of GraemeBaxter.com is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of GraemeBaxter.com and are protected by U.S. and international copyright laws. All software used on the Site is the property of GraemeBaxter.com or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

Certain marks used on the Site are trademarks or service marks of GraemeBaxter.com or our affiliated companies. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of GraemeBaxter.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 GraemeBaxter.com or our affiliated companies without our prior written consent. All other trademarks and service marks not owned by GraemeBaxter.com or our affiliated companies that appear on the Site are the property of their respective owners, and may or may not be used without their prior written consent.

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the 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 or license products from third party 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.

USE OF MESSAGE SERVICES

You agree not to use the Site to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the Site, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the Site. By submitting content to the Site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

USE OF CERTAIN SERVICES

We offer our users and customers certain services that involve the use of images of our products. These include, but are not limited to, our "Tell-A-Friend," "Blog This" and "Send an e-Card" services. The product images provided through these services are protected by United States and international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our Website.

REVIEWS, COMMENTS AND QUESTIONS

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to Lorna@BaxterGolfArt.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

PRICING

Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Site. If an item's correct price is higher than our stated price, your sole recourse is cancellation of your order.

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 the 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 THE 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 THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS, AT OUR SOLE DISCRETION, RETURN FOR REFUND OR 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 THE 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 THE 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. Any dispute relating in any way to your visit to or use of the Site shall be adjudicated in any state or federal court in Alameda County, California, and you consent to exclusive jurisdiction and venue in such courts.

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.

GraemeBaxter.com
Mission Hills Country Club, 34600 Mission Hills Drive, Rancho Mirage, CA 92270.

Phone 760-837-3696

SUBJECT TO CHANGE WITHOUT NOTICE