PRIVACY POLICY

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OVERVIEW

This website is operated by Ron Pokrasso. Throughout the site, the terms “we”, “us” and “our” refer to Ron Pokrasso. Ron Pokrasso offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The provisions of our Terms of Service apply to this Privacy Policy as well.

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our website, including a workshop or artwork or other item or service, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our website, we may also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

We also may use your email to send you emails about opportunities for workshops, art sales, and other updates. You can always opt out of receiving emails from us by unsubscribing from our emails.

SECTION 2 PURPOSE OF COLLECTION AND LAWFUL BASIS FOR USE

We use the personal data described above primarily for providing you with the core aspects of our services – namely, fulfilling your orders. However, we also use the personal data to improve the services over time and to send you information about our offerings. By placing an order through our website, you consent to us sending you our newsletter or to otherwise contact you about promotions, updates, and features of our work.

The legal grounds for our processing of your Personal Data for the purposes above are:

first and foremost, you provided your consent by agreeing to this Policy, which you may withdraw at any time by emailing us at pokrasso@gmail.com;
it is necessary for our contractual relationship;
the processing is necessary for us to comply with our legal or regulatory obligations; and/or
the processing is in our legitimate interest as a provider of our services.

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to our collecting it and using it for the purposes described herein.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by unsubscribing from our emails, contacting us at pokrasso@gmail.com, or mailing us at:

Ron Pokrasso

1417 Galisteo St

Santa Fe, NM 87505

SECTION 3 – DISCLOSURE

We may disclose your personal information as needed to fulfill your orders and requests, if we are required by law to do so, to protect our rights, or to comply with the law.

SECTION 4 THIRD PARTY SERVICES

Our website utilizes numerous third party services to provide the functionality of the website (such as a third party e-commerce platform and payment processor) and also links to third party sites and services to provide you with relevant information and to provide the functionality of the website (such as links to third parties hosting workshops). These third parties may have access to or process your personal information as part of providing those services for us.

We do not have control over third parties and these third parties are not agents of us. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through our website or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. You hereby disclaim and you hereby discharge, waive and release Ron Pokrasso and his licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

SECTION 5 – SECURITY

To protect your personal information, we take reasonable precautions to protect your information and limit the risk that such information will be inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 6 – COOKIES

We may use cookies to remember you as a user of the website and to streamline the functionality of the website. These are first party cookies, not third party cookies, meaning that the cookies are only used to track your activity on the website, and not on third party sites or services.

SECTION 7 – AGE OF CONSENT

 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECTION 9 – YOUR CHOICES

If you wish to access, receive a copy of, change or delete the personal data we hold about you, you may contact us as described at the end of this Policy.

You may withdraw the consent granted in this Policy for us to use the personal data described in this Policy by contacting us as described at the end of this Policy. Please note that if you do so, it will not affect thelawfulness of the use of your personal data based on your prior consent.

In addition, you may contact us as described at the end of this Policy to request that we do not disclose your personal data to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors) or to request that your personal data not be used for a purpose that is materially different from the purposes for which it was originally collected or for purposes subsequently authorized by you.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by contacting us as described at the end of this Policy. .

Upon receipt of any of the above request(s), we will use reasonable efforts to reflect any changes you request in our databases to the full extent required by applicable law.

If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority. 

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact Ron Pokrasso at pokrasso@gmail.com or by mail at:

1417 Galisteo St

Santa Fe, NM 87505

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TERMS OF SERVICE

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OVERVIEW

This website is operated by Ron Pokrasso. Throughout the site, the terms “we”, “us” and “our” refer to Ron Pokrasso. Ron Pokrasso offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your use of, and access to, the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – INTELLECTUAL PROPERTY RIGHTS; LIMITATIONS ON RESALE

All intellectual property rights in the site and in products sold through the site, including the copyrights in all artwork sold on the site, belong solely and entirely to Ron Pokrasso. When you purchase artwork through the site, you are granted the right to display the copyrights, but you may not reproduce or use the copyrights for any unintended purpose.

Further, you may not purchase sale items for the purpose of resale. And in the event of any resale of artwork on the site, the purchaser who engages in a resale transaction must comply with all applicable laws related to royalty payments, including but not limited to, the California Resale Royalty Act.

SECTION 4 – RISK OF LOSS

The risk of loss when you purchase products through the site passes to you upon your receipt and inspection of the products. If the products have been damaged in transit, then please refer to our Refund Policy. Any damage to products after you have received them and inspected them shall be solely your responsibility.

SECTION 5 – REFUND POLICY

Returns

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To complete your return, we require a receipt or proof of purchase.

No partial refunds or exchanges will be granted, and refunds will only be granted if the item is in the same condition as when you received it.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at pokrasso@gmail.com.

Sale items

Only regular priced items may be refunded. Any items sold at a discount or other sale are final and will not be refunded.

Shipping

To return your product, you should mail your product to: 1417 Galisteo Street, Santa Fe, New Mexico US 87505.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We suggest that you use a traceable shipping service and purchase shipping insurance. We don’t guarantee that we will receive your returned item and we will not grant a refund for items that are not received, or for items that are damaged in the process of being returned.

SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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

SECTION 8 – PRODUCTS OR SERVICES

Certain products may be available exclusively online through the website. These products or services have limited quantities and are subject to return or exchange only according to our Refunds Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that such colors and images will be entirely accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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 so that we can complete your transactions and contact you as needed.

For more detail, please review our Refunds Policy.

SECTION 10 THIRD PARTY SERVICES

Our Service utilizes numerous third party services to provide the functionality of the website (such as a third party e-commerce platform and payment processor) and also links to third party sites and services to provide you with relevant information and to provide the functionality of the Service (such as links to third parties hosting workshops). These third parties may have access to or process your personal information as part of providing those services for us.

We do not have control over third parties and these third parties are not agents of us. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through our website or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. You hereby disclaim and you hereby discharge, waive and release Ron Pokrasso and his licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ron Pokrasso, or our agents be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ron Pokrasso and our agents from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. However, if you again use the site or our Services, these Terms of Service shall again be applicable.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW; VENUE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Mexico, without regard to conflict of law principles.You agree to submit to the personal jurisdiction of the state and federal courts in or for Santa Fe County, New Mexico for the purpose of litigating and mediating (as applicable) any claim or dispute.

SECTION 20 – DISPUTE RESOLUTION

We want to address your concerns without a formal legal case. Before you file a claim against us, and before we file a claim against you, we both agree to try to resolve the dispute informally by contacting each other by email. If the dispute is not resolved within 30 days of submission, then we each agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to litigation, or some other dispute resolution procedure. The costs of the mediation will be split evenly between the parties.

Either party may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the Services, or to enforce its intellectual property rights without first engaging in mediation.

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at pokrasso@gmail.com.