TEMS AND CONDITIONS

Your Acceptance

FERLEMAN.COM (the “Site”) IS MADE AVAILABLE TO USERS (“Users,” “User,” “You,” or “Your”) BY NORTH BRANCH HOLDINGS, LLC. D/B/A FERLEMAN ART GALLERY, FERLEMAN & COMPANY, FERLEMAN GALLERIES, AND FERLEMAN. BY USING AND/OR VISITING THE SITE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS (the “Terms”) OF THIS AGREEMENT (the “Agreement”) AND THE TERMS AND CONDITIONS OF FERLEMAN’S PRIVACY POLICY (the “Privacy Policy”), WHICH IS AVAILABLE AT ferleman.com/privacy-policy, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THE SITE, OR REQUEST OR REGISTER FOR ANY SERVICE.

Modifications to This Agreement

This Agreement is subject to change by Ferleman, in its sole discretion, at any time, with or without notice. It is Your responsibility to review the Agreement for any changes. Your continued use of the Site after the posting of revisions to this Agreement will constitute Your acceptance of such revisions. Please consult the end of the Agreement to determine when the Agreement was last revised.

License and Website Access

Ferleman grants to You a limited, non-exclusive, non-transferrable, revocable license to access and make personal use of the Site as our customer, provided You comply fully with these Terms. You are expressly prohibited under the terms of such limited license from:

Reproducing, duplicating, copying, selling, or otherwise exploiting the Site or any website content, including, without limitation, and product image, product listing, product description, price, page layout, page design, trade dress, trademarks, service marks, copyrights, logo, software, images, artwork, text, copy, code, graphics, illustrations, logos, patents, photographs, audio, videos, music, and any other material or content (the “Website Content”) for any commercial purpose, except as expressly authorized;

Using a robot, spider, data mining or other automatic device, manual process, or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);

Interfering, or attempting to interfere, with the Site in any way through any means, software, routine, or device, including, but not limited to, spamming, hacking, or uploading computer viruses, Trojan horses, time bombs, spyware, cancelbots, or any means expressly prohibited by any provision of these Terms;

Using any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;

Engaging in any activity that interferes with the Site or another User’s ability to use the Site;

Modifying, creating derivative works from, reverse engineering, decompiling or disassembling any technology used to provide the Site and the services offered on the Site;

In any way exploiting the Site or any portion thereof for any public or commercial use without the express written permission of Ferleman; or

Assisting or encouraging any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the Site or Website Content that is not expressly authorized herein is thereby expressly prohibited and immediately terminates the limited license granted herein.

Representations and Warranties

You affirm, represent and warrant that You have read, understood, agree with, and will abide by the Terms of this Agreement, as well as the Privacy Policy. In addition, You affirm, represent and warrant that You are over the age of eighteen (18) years of age and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions, and obligations therein.

Users may contact the Ferleman or submit feedback through the Site. You agree not to submit, transmit, or otherwise make available in any manner any content that is: 

Unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable;

Infringes the intellectual property rights of any individual or entity;

Which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, or “spam;” or

Which contains any computer or software virus, or any other material harmful to the Site, the Users, or Ferleman.

You are solely responsible for any comment, view, opinion, information or thought that is shared by You or disseminated by You via the Site. This applies regardless of whether You personally made the communication or whether a third party did so through a Ferleman or third-party account You created or control.

By submitting content or material to or through the Site, You automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use Your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to or through our Site.

Communications from Ferleman

If You provide Your e-mail address, mailing address, or any other contact information to Ferleman by contacting Art Gallery, submitting feedback through the Site, or through any communication with Ferleman, You consent to receive communications from us by electronic and/or regular mail.

Intellectual and Proprietary Rights

The Site, all Website Content, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Ferleman and its licensors and are or may be protected under federal and state intellectual property laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Website Content, or other materials or content accessible on or through the Site. Use of the Website Content or any other materials on the Site for any purpose not expressly permitted by this Agreement is strictly prohibited. Any manipulation of the Site or any portion thereof, or use of any of the Website Content constitutes an infringement of Ferleman’s Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Website Content. You do not acquire any ownership rights by Your permitted use of this Site, its content, or any services. 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress rights, service mark rights, goodwill, trade secret rights, and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Site, or any contents or materials related thereto.

Any use of any portion of this Site is prohibited without Ferleman’s prior written consent, which may be withheld in Ferleman’s sole discretion. In the event of any permitted copying, redistribution, or publication of Website Content from the Site, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

Third Party Content and Websites

The Site may contain links to third-party websites that are not owned or controlled by Ferleman, or include content that is contributed by third parties. Ferleman has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Any third-party content does not necessarily represent the views or opinions of Ferleman.

Ferleman does not claim any ownership or Intellectual Property Rights in the marks or logos belonging to any third parties, including, but not limited to, Facebook, Twitter, Google, or Instagram.com.

In addition, Ferleman will not and cannot censor or edit the content of any third-party website, and cannot guarantee, represent, or warrant that any content contained on a third-party website is true, accurate, lawful, and/or inoffensive. You expressly relieve Ferleman from any and all liability arising from Your use of any third-party website. Accordingly, You are encouraged to read the terms and conditions and the privacy policy of any third-party website that You visit or are directed to while using the Site. The practices, views, opinions and content of any third-party site linked to, referenced or mentioned on the Site are solely those of such site, its users, or affiliates, and do not reflect the views of, nor are endorsed by, Ferleman.

Ferleman may upload videos using the products and services of any online video platform. Ferleman does not claim any Intellectual Property Rights in the software or code of platforms used to upload videos, nor to the Intellectual Property Rights of any other online video platform used, although Ferleman may retain any and all Intellectual Property Rights in the videos themselves. Furthermore, the terms of service and privacy policy of any online video platform used may govern the services it provides to Ferleman, in addition to this Agreement and the Privacy Policy. Thus, Users should read such terms of service and privacy policy before using the Site.

Notice to Copyright Owners

If You are the owner of copyright rights in content appearing on the Site and You believe Your rights are being infringed in any manner by the content’s appearance or use on the Site, You must notify Ferleman by sending an email to: art@ferleman.com. Upon receipt of a good faith claim of infringement, Ferleman will promptly remove the alleged infringing content from the Site through the duration of an investigation of the claims by Ferleman.

In Your email notifying Ferleman of a claim of infringement, You must include the specific content You are objecting to and its location on the Site, as well as a statement that You are the owner of said material or are authorized by the owner to request that such material be taken down. In addition, You must provide Your name, mailing address, telephone number, and email address.

Ferleman takes claims of infringement seriously. However, You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that content or activity is infringing. 

The Material on the Site

The Website Content is not intended for minors. Such Website Content includes a wide range of artwork, is uncensored, and may include nudity or other graphic content that some people may consider offensive. If You allow Your child to use Your computer, it is Your responsibility to determine whether any of the services, content and subject matter displayed on the Site is inappropriate for Your child, and to control the child’s use of the computer accordingly. If You yourself find offensive content of the type referred to above, You should not use the Site.

Indemnity

You agree to defend, indemnify and hold harmless Ferleman and its agents, managers, and/or other affiliated companies, and their employees, contractors, owners, officers and directors (the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to, or inability to use and access, the Site, including any data or work transmitted or received by You; (ii) Your negligent, willful, or any other violation of any term of this Agreement, including without limitation, Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity or Intellectual Property Rights; (iv) Your violation of any law, rule or regulation of any State, the United States, or any other country; (v) any other party’s access and use of the Site with Your unique username, password or other appropriate security code; and (vi) Your use of any communication service or any User generated content.

No Warranty

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (“MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE MATERIALS IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FERLEMAN AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SITE OR MATERIALS WILL BE PROVIDED WITHOUT INTERRUPTION OR THAT THEY WILL BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. FERLEMAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FERLEMAN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OR PURCHASE OF ANY SERVICE OR PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FERLEMAN, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Termination or Change to Site

Ferleman shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site, including, but not limited to any Website Content, features, and hours of availability, without further notice to You. Ferleman may also impose limits on certain features and services or restrict Your access to parts or all of the Site with or without further notice or liability.

Errors, Inaccuracies, and Omissions

There may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to the Website Content. Ferleman reserves the right, but is under no obligation, to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice.

Colors

Ferleman has made every effort to display as accurately as possible the colors of any artwork and other material that appears on the Site. Ferleman does not guarantee that Your computer monitor’s display of any color will be accurate.

RETURNS/REFUNDS 

Primary Market

Original, primary market works of art are non-returnable. If you purchase a work, and decide that you do not want the artwork, we can work with you to resell the piece on consignment. Fees will apply. 

Secondary Market

Secondary market art includes pieces that are pre-owned (used). All art, including limited edition, timed edition, open edition, pre-order releases, pin badges and sale items, all sales are non-refundable unless the item is defective or damaged. In those cases, we have a 30-day refund policy, which means you have 30 days after receiving your item to request a refund or exchange.

Artwork Pick-up at Gallery

All artwork purchased online or in person for pick-up at gallery must be picked up within 6 months of purchase. Any artwork left at the gallery over one year from purchase will be considered abandoned and returned to the market for purchase. There are no refunds on abandoned work.

Shipping Costs 

All shipping costs are non-refundable. If you receive a refund, the cost of shipping and return shipping will not be included in your refund. Items sent back to us without first requesting a refund will not be accepted. We will only accept requests from the person who purchased the item.

Damaged or Faulty Goods

We take the utmost care in packaging the goods, and only use reliable, professional carriers. Nevertheless, you must examine goods on arrival before signing for them.

Goods must be moved carefully from packaging as we accept no liability for any damage incurred to the artwork during unpackaging. We will not ship artwork if the condition is not as described.

We reserve the right to refuse to issue a refund/replacement item and to recover the cost of return’s delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at art@ferleman.com and send your item to: Ferleman, 60 N. Centre Street, Cumberland, MD 21502. 

To start a refund, please send a message to art@ferleman.com. If your request is accepted, we will issue instructions on how to proceed. Should you need to return anything in the refund/exchange process, you will be responsible for paying the shipping costs for returning items

LIMITATION OF LIABILITY

IN NO EVENT SHALL FERLEMAN OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL FERLEMAN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT FERLEMAN SHALL NOT BE LIABLE FOR UPLOADED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY LEGAL, EQUITABLE, OR OTHER BASIS, EVEN IF FERLEMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Additional Remedies

You agree that monetary damages may not provide a sufficient remedy to Ferleman for Your violation of these Terms, and, accordingly, You acknowledge and agree that Ferleman is entitled to immediate injunctive relief for any violation without the necessity of posting a bond, in addition to any other remedy available to Ferleman under these Terms, at law, or in equity. Ferleman may release information about You if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity, and as provided in the Privacy Policy. 

General

You agree that: (i) the Site shall be deemed solely based online and hosted through a 3rd party hosting platform; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Ferleman, either specific or general. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it. If they are unable to resolve the dispute, either party shall commence binding arbitration before the American Arbitration Association under the Rules of Commercial Arbitration, before a panel of three arbitrators in the state of Maryland. The Agreement shall be governed by the laws of the State of Maryland without regard to its conflicts of law’s provisions.

This Agreement, together with the Privacy Policy and any other legal notices or agreements published by Ferleman on the Site or provided to You directly by Ferleman, shall constitute the entire agreement between You and Ferleman concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ferleman’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

By accessing the Site, You represent that You have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement, and agree to be bound by the Terms.

Revision Date

This Agreement was last revised on September 13, 2023.