Site Terms of Use

The following are the terms of a binding legal agreement (“Terms”) between you and Barbara C. Barrett Gallery dba The Barrett Gallery (“OWNER”) and MaximillianGroup Inc, the webmaster and managing agency of this website. By accessing, browsing, and/or using this website (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, you should immediately discontinue all use of this Site. OWNER may update these Terms from time to time. Your use of this Site after OWNER posts any changes to these Terms constitutes your agreement to those changes. The material provided on this Site is protected by law, including but not limited to United States Copyright Law and relevant international treaties. This Site is controlled and operated by OWNER from its offices within the United States. OWNER makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

The copyright in all content provided on this Site is held by OWNER, except where otherwise noted. Except as explicitly stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of OWNER. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without OWNER’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Site may contain links to third party websites that are not owned or controlled by OWNER. Any such links are provided solely as a convenience. OWNER has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OWNER will not and cannot review, censor, or edit the content of any third-party website. By using this Site, you expressly relieve OWNER from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the relevant terms and conditions of any third party website that you visit.

OWNER makes no representations about the reliability of the features of this Site and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL OWNER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OWNER’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OWNER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH OWNER MAKES EFFORTS TO ENSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY OWNER.

These Terms may not be transferred or assigned by you, but may be assigned by OWNER without restriction.

This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state, and local courts in San Diego, California. You also agree that the OWNER Site shall be deemed solely based in California and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over OWNER, either specific or general, in jurisdictions other than California.

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any of the remaining provisions.

OWNER shall have the right at any time to change these Terms or the Site in any way. Your use of the Site at any given time shall be deemed to constitute your acceptance of the most recent version of the Terms as of the time of your use. You are expected to review these Terms periodically to ensure familiarity with the most current version.

U.S. Government Restricted Rights

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of OWNER’s proprietary rights in them.

Trademarks

A partial list of U.S. Trademarks owned by OWNER follows along with a partial list of other manufacturers and their products that may or may not be referenced or appear on this Site. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of OWNER should be referred to MaximillianGroup Inc.

  • The Barrett Gallery is a trademark of Barbara C. Barrett Gallery™
  • Barbara C. Barrett Gallery is a trademark of Barbara C. Barrett Gallery™
  • Prismacolor is a registered trademark of Prismacolor®
  • MaximillianGroup is a trademark of MaximillianGroup™ Inc
  • Other company names and product names are the registered trademarks or trademarks of the respective companies.