Terms of service

OVERVIEW

This website is operated by Ximena Echeverria, LLC. Throughout this website and these Terms of Service, the terms "we," "us," and "our" refer to Ximena Echeverria, LLC.

Ximena Echeverria, LLC provides this website, together with all information, content, tools, products, and services available through it, including fine art, books, workshops, excursions, educational resources, and related offerings (collectively, the "Services"), subject to your acceptance of all terms, conditions, policies, and notices contained herein.

By visiting this website and/or purchasing a product or service from us, you engage in our Services and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced herein or made available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, browsers, customers, vendors, merchants, contributors of content, and other users of the Services.

Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of this website or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, you may not access this website or use any of the Services. If these Terms of Service are deemed to constitute an offer, acceptance is expressly limited to these Terms of Service.

Any new features, products, services, tools, or resources added to this website in the future shall also be subject to these Terms of Service. The most current version of these Terms of Service will always be available on this page. We reserve the right to update, modify, or replace any portion of these Terms of Service by posting revisions to this website. It is your responsibility to review this page periodically for changes. Your continued use of or access to this website following the posting of any revisions constitutes your acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables Ximena Echeverria, LLC to offer products and services through this website.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have provided your consent for any minor dependents under your supervision to use this website.

You agree not to use this website or any products or services offered by Ximena Echeverria, LLC for any unlawful or unauthorized purpose. In your use of this website or the Services, you must not violate any applicable federal, state, local, or international laws or regulations, including, but not limited to, laws governing copyright, trademark, intellectual property, privacy, and data protection.

You must not transmit any viruses, malware, worms, malicious code, or any technology intended to damage, interfere with, or disrupt the operation, security, or functionality of this website, the Services, or any related systems.

Any breach or violation of these Terms of Service may result in the immediate suspension or termination of your access to this website and the Services, without prior notice, at the sole discretion of Ximena Echeverria, LLC.

SECTION 2 – GENERAL CONDITIONS

Ximena Echeverria, LLC reserves the right to refuse or discontinue service to any person, entity, or organization, for any lawful reason and at any time.

You understand that your content (excluding credit card and payment information) may be transmitted unencrypted and may involve (a) transmissions across various networks; and (b) changes necessary to conform to the technical requirements of connecting networks, devices, or systems. Credit card and payment information is encrypted during transmission over secure networks in accordance with applicable payment processing standards.

You agree not to reproduce, duplicate, copy, download, distribute, publish, display, sell, resell, license, exploit, or otherwise make unauthorized use of any portion of the Service, this website, its content, photographs, artwork, books, text, logos, designs, or other intellectual property, or access to the Service or any contact information provided through this website, without the prior written permission of Ximena Echeverria, LLC.

The section headings used in these Terms of Service are provided solely for convenience and shall not affect the interpretation or construction of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Ximena Echeverria, LLC strives to ensure that the information provided on this website is accurate, complete, and current. However, we do not guarantee that all information available on this website will always be accurate, complete, current, or free from errors or omissions.

The content on this website is provided for general informational purposes only and should not be relied upon as the sole basis for making purchasing, travel, business, legal, financial, or other decisions. You should consult appropriate primary or professional sources before relying on any information contained on this website. Any reliance on the information provided is at your own risk.

This website may contain historical information, including archived content, past exhibitions, publications, workshops, excursions, journal entries, or other materials. Historical information is provided solely for reference and may not reflect current offerings, pricing, availability, or circumstances.

We reserve the right to modify, update, or remove any content on this website at any time without prior notice. Except where required by applicable law, Ximena Echeverria, LLC assumes no obligation to update information previously published on this website. It is your responsibility to review this website periodically for changes.

SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES

Prices for products and services offered by Ximena Echeverria, LLC, including fine art, books, workshops, excursions, and related offerings, are subject to change without prior notice.

We reserve the right, at any time and in our sole discretion, to modify, suspend, discontinue, or update any product, service, feature, content, pricing, or any part of this website without prior notice.

Ximena Echeverria, LLC shall not be liable to you or to any third party for any modification, price change, suspension, discontinuance, or unavailability of any product, service, website feature, or content

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through this website. Products and services offered through ximenaecheverria.com may include fine art photography, original artwork, books, workshops, excursions, and other specialty offerings. Certain products or services may have limited quantities and are subject to the terms outlined in our Refund Policy.

We make every reasonable effort to display the colors, details, and images of our artwork and products as accurately as possible. However, we cannot guarantee that your computer monitor, mobile device, or other display will accurately reproduce colors, brightness, contrast, or image detail. Slight variations may occur due to individual display settings and device capabilities.

We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis. We also reserve the right to limit quantities, discontinue products or services, modify product descriptions, availability, or pricing, and correct errors or omissions at any time without prior notice.

We strive to present accurate descriptions and high-quality products and services. However, except as expressly stated in these Terms of Service or our Refund Policy, we do not warrant that every product, service, or other material purchased or obtained through this website will meet every individual expectation, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed using the same customer account, credit card, billing address, and/or shipping address. If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or other parties purchasing products for unauthorized resale.

You agree to provide current, complete, and accurate purchase, billing, shipping, and account information for all purchases made through our website. You further agree to promptly update your account information, including your email address, billing address, payment information, and any other information necessary to complete your transactions and allow us to communicate with you regarding your orders.

For additional information regarding returns, replacements, damaged items, and product eligibility, please review our Refund Policy, which is incorporated into these Terms of Service by reference.

SECTION 7 – OPTIONAL TOOLS

From time to time, Ximena Echeverria, LLC may provide access to third-party tools, applications, integrations, or resources over which we have no control, monitoring, or input.

You acknowledge and agree that any such third-party tools are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties, representations, conditions, or endorsements of any kind, whether express or implied. Ximena Echeverria, LLC assumes no responsibility or liability arising from or relating to your use of any third-party tools or services.

Your use of any optional third-party tools is entirely at your own risk and discretion. You are responsible for reviewing and accepting the applicable terms, conditions, privacy policies, and other agreements established by the respective third-party provider before using such tools.

From time to time, Ximena Echeverria, LLC may introduce new features, products, services, resources, or tools through this website. Unless otherwise stated, any new features or services will also be governed by these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

This website may contain links to third-party websites, products, services, resources, booking platforms, social media platforms, payment processors, or other content that is not owned, operated, or controlled by Ximena Echeverria, LLC.

These third-party links are provided solely for your convenience and informational purposes. Ximena Echeverria, LLC does not control, endorse, monitor, or assume responsibility for the content, accuracy, policies, products, services, or practices of any third-party website or organization.

Your use of any third-party website or service is entirely at your own risk. Ximena Echeverria, LLC shall not be liable for any loss, damage, claim, or liability arising from your use of, reliance upon, or transactions with any third-party website, product, or service.

Before engaging in any transaction with a third party, we encourage you to carefully review that party's terms, conditions, privacy policies, refund policies, and other applicable practices. Any questions, concerns, claims, or disputes regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific materials (such as contest entries), or if you voluntarily send creative ideas, suggestions, proposals, plans, feedback, testimonials, photographs, reviews, or other materials, whether by email, through this website, by postal mail, or otherwise (collectively, "Submissions"), you agree that Ximena Echeverria, LLC may, without restriction and without obligation to you, edit, copy, publish, distribute, translate, display, reproduce, and otherwise use those Submissions in any medium now known or later developed, unless otherwise agreed to in writing.

Unless specifically agreed in writing, Ximena Echeverria, LLC has no obligation to:

1. maintain any Submission in confidence;
2. provide compensation for any Submission; or
3. respond to any Submission.

We reserve the right, but assume no obligation, to monitor, edit, refuse, or remove any Submission that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, infringes upon the intellectual property or other rights of any person, or otherwise violates these Terms of Service.

You represent and warrant that your Submissions:

• do not violate the copyright, trademark, privacy, publicity, or other legal rights of any third party;
• do not contain unlawful, defamatory, abusive, obscene, or otherwise objectionable material;
• do not contain viruses, malware, or other harmful code that could interfere with the operation or security of this website or its Services; and
• are accurate and not misleading.

You may not use a false email address, impersonate another person, or otherwise misrepresent the origin of any Submission.

You remain solely responsible for the content and accuracy of your Submissions. Ximena Echeverria, LLC assumes no responsibility or liability for any Submission posted or transmitted by you or by any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through this website is governed by our Privacy Policy, which explains how Ximena Echeverria, LLC collects, uses, stores, and protects your personal information. By using this website, you acknowledge that you have read and understand our Privacy Policy.

Please review our Privacy Policy for additional information regarding our privacy practices.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, artwork details, edition information, dimensions, pricing, promotions, offers, shipping charges, transit times, availability, workshops, excursions, or other services. We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information on the Service or any related website is found to be inaccurate at any time without prior notice, including after an order has been submitted.

While we strive to accurately represent our artwork, products, and services, slight variations in color, tone, texture, dimensions, framing, or presentation may occur due to the nature of photographic reproduction, printing processes, handcrafted materials, monitor settings, or product updates. Such variations do not necessarily constitute an error or defect.

We undertake no obligation to update, amend, or clarify information contained in the Service or on any related website, including pricing or availability, except as required by applicable law. Any date indicating that information has been updated or refreshed should not be interpreted to mean that all information throughout the Service or on related websites has been modified or is current.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions set forth in these Terms of Service, you are prohibited from using this website or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate any applicable international, federal, state, provincial, or local laws, regulations, or 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 against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic;

(f) to submit false, inaccurate, or misleading information;

(g) to upload or transmit viruses, malware, malicious code, or any other technology intended to disrupt or interfere with the functionality, operation, or security of the Service, this website, or the Internet;

(h) to collect, harvest, or track the personal information of others without authorization;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise use automated means to access or collect information from the website except as permitted by applicable law;

(j) for any obscene, defamatory, fraudulent, or immoral purpose;

(k) to interfere with or circumvent the security features of the Service, this website, related websites, or the Internet;

(l) to copy, reproduce, distribute, publish, modify, display, sell, license, create derivative works from, or otherwise exploit any photographs, artwork, images, text, designs, logos, or other content available on this website without our prior written permission;

(m) to use any photographs, artwork, images, or other content from this website for the training, development, testing, or improvement of artificial intelligence systems, machine learning models, datasets, image-generation systems, or similar technologies without our prior written consent; or

(n) to remove, alter, or obscure any copyright notices, trademarks, watermarks, metadata, or other proprietary notices associated with our content.

We reserve the right to suspend or terminate your access to the Service or this website, without notice, if we determine that you have violated these Terms of Service or engaged in any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Ximena Echeverria, LLC does not guarantee, represent, or warrant that your use of this website or the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.

We do not warrant that the information, content, products, services, workshops, excursions, or other materials made available through this website will always be accurate, complete, reliable, or current. We reserve the right to modify, suspend, or discontinue any part of the website or the Services at any time without prior notice.

Your use of this website and any products or services offered through it is at your sole risk. Except as expressly stated by Ximena Echeverria, LLC, all products and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, Ximena Echeverria, LLC, together with its owners, officers, employees, contractors, agents, affiliates, licensors, service providers, suppliers, successors, and assigns, shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including, without limitation, loss of profits, loss of revenue, loss of business opportunities, loss of data, replacement costs, travel expenses, or any other damages arising out of or relating to:

• your access to or use of this website or the Services;
• your purchase or use of any products or services;
• delays, interruptions, or cancellations of Services;
• any errors or omissions in website content;
• the use of or reliance upon any information contained on this website; or
• any unauthorized access to or alteration of your transmissions or data.

If any jurisdiction does not allow the exclusion or limitation of certain damages, the liability of Ximena Echeverria, LLC shall be limited to the maximum extent permitted by applicable law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ximena Echeverria, LLC, together with its owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, suppliers, successors, and assigns, from and against any claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your breach of these Terms of Service or any documents incorporated by reference;
• your violation of any applicable law, regulation, or the rights of a third party;
• your misuse of this website or its content; or
• your use of any products or services offered through this website.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, void, or unenforceable under applicable law, that provision shall be enforced to the fullest extent permitted by law. Any portion determined to be unenforceable shall be deemed severed from these Terms of Service and shall not affect the validity, legality, or enforceability of the remaining provisions, all of which shall remain in full force and effect.

shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties that arise before the effective date of termination shall survive the termination of these Terms of Service for all applicable purposes.

These Terms of Service remain in effect unless and until terminated by either you or Ximena Echeverria, LLC. You may terminate these Terms of Service at any time by discontinuing your use of this website and our Services or by notifying us that you no longer wish to use our Services.

If, in the sole judgment of Ximena Echeverria, LLC, you fail or are suspected of failing to comply with any provision of these Terms of Service, we reserve the right to terminate or suspend your access to this website or our Services, without prior notice. You will remain responsible for all amounts due and owing through the effective date of termination. We also reserve the right to deny future access to the website, products, services, workshops, excursions, or any portion thereof.

SECTION 17 – ENTIRE AGREEMENT

The failure of Ximena Echeverria, LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies, guidelines, or operating rules posted on this website or relating to the Service, constitute the entire agreement and understanding between you and Ximena Echeverria, LLC regarding your use of the website and the Service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ximena Echeverria, LLC, including any prior versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against either party by reason of authorship or drafting.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby Ximena Echeverria, LLC provides products or services shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles.

SECTION 19 – CHANGES TO TERMS OF SERVICE

The most current version of these Terms of Service will always be available on this page.

Ximena Echeverria, LLC reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service at any time by posting revisions on this website. It is your responsibility to review these Terms of Service periodically for changes.

Your continued access to or use of this website, or the purchase or use of any products or services following the posting of revised Terms of Service, constitutes your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about these Terms of Service should be directed to:

Ximena Echeverria, LLC
Email: contact@ximenaecheverria.com

Website: www.ximenaecheverria.com