BonnieLevinson.com does not sell personal information including of minors under 18 years of age.

Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

Access and Data Portability - Subject to certain exceptions, you have the right to request certain information about our collection, use, and/or disclosure of your personal information over the past 12 months. After receipt of a verifiable consumer request from you, BonnieLevinson.com will disclose to you the categories of personal information collected, categories of sources for the categories of personal information collected, business or commercial purpose for collecting such personal information, categories of third parties with whom BonnieLevinson.com shared such personal information, and specific pieces of personal information collected about you.

Deletion - Subject to certain exceptions, you may request that BonnieLevinson.com delete Personal Information about you that it has collected and retained.

Non-Discrimination - You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CCPA.

Opt-Out - You have the right not to have your information disclosed, shared, or sold. If you are a California resident and wish to exercise this right, you may Contact Us.

Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.

Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.

Data Sharing for Direct Marketing Purposes. California Civil Code § 1798.83 further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to request that our affiliates and other third parties do not utilize your data for their marketing purposes. Please tell us your preference by contacting us as specified below.

10. Security measures used to protect against the loss, misuse or alteration of information under our control

The security of your information and Content is important to us. If we collect information from your computer, we encrypt it while it’s being transferred to us.  Once the information reaches our secure servers, as part of our security program, we employ procedures and safeguards, such as maintaining

firewalls and having an intrusion detection system, to protect the confidentiality, security and integrity of the information we maintain.  However, as with any information travelling over the internet and kept in servers, we cannot guarantee absolute security.

When we work with third parties, we require that they maintain the confidentiality, security and integrity of the information and commit that the information is not used for any prohibited purpose. Additionally, we use commercially reasonable computer security safeguards to protect our databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to our employees, contractors and agents who need to know that information in order for us to provide, develop or improve our Services. Security risks, however, cannot be completely eliminated and we therefore cannot guarantee complete security.

If you send us an email, you should know that email is not necessarily secure against interception. Therefore, if your communication will include sensitive information like your bank account, charge card, or social security number, and you prefer not to transmit it electronically, please contact us by postal mail or telephone rather than email. We do not send emails asking for a user's username and password or its Windows® username and password or any other username or password.

11. Choice and Correcting/Updating/Deleting/Deactivating Personal Information

We understand and respect that people have different privacy concerns. Our goal is to be clear about what information we collect and how it may be used, so that you can make meaningful choices. For example, you can:

• Discontinue use of our Services at any time;

• Decline to submit requested information, however, it’s important to understand that the Services may not function properly, or we may not be able to provide the requested service to you;

• Control what information you post in public profiles and who you share information with;

• Set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.

If we propose to use personal information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes. If your personally identifiable information changes (such as ZIP code, phone, email or postal address), or if you no longer desire the Services, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done by emailing or calling Customer Support through our website.

12. Contacting Us

If you have questions about this Privacy Policy, you may Contact Us. We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.

13. Changes to this Privacy Policy

This Privacy Policy may change from time to time. You are responsible for periodically reviewing this Privacy Policy for any applicable changes.

Terms of Use

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use, along with any Terms and Conditions appearing on the website, any Offer Details or other Terms appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of our websites, products and services as described herein under DESCRIPTION OF OFFERED SERVICES (collectively, the "Services" or "Service"). YOUR USE OF THE SERVICES OR WEBSITE(S) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, "TOU").

The Service resides at the website BonnieLevinson.com (which may be referred to herein as “BonnieLevinson.com," "we," or "us").

We may change any of the terms contained in the TOU at any time by posting the revised TOU on this website. If we revise the TOU, such revision shall be effective immediately after posting the new TOU on this site. You are responsible for periodically reviewing changes to this TOU, which you can do by clicking on the "Terms of Use" or similar link. You agree that your continued use of the Service following any changes to this TOU and after the changes take effect will constitute your acceptance of such changes and your intention to be bound by this TOU. If you do not agree to such changes to the TOU, your sole remedy is to discontinue use of the Service. If you do not agree to be bound by this TOU, you may not use our Services.

ELIGIBILITY

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

OFFERED SERVICES

BonnieLevinson.com provides Services for displaying and viewing, of original works of art through the website, accessible at www.BonnieLevinson.com (“Website”). The Services described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security, or reliability of the Services which are made available to you. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. Any personal data you provide to us will be handled in accordance with the BonnieLevinson.com Privacy Policy listed above.

When you browse our site, you are using the Service and the Site and agreeing to be bound by this TOU. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU on behalf of the entity, and the authority to bind the entity to this TOU.

PURCHASES OF ORIGINAL ART, PHOTOGRAPHS, AND FINE ART PRINTS

As a Buyer, you may purchase original artwork, photographs, and fine art reproductions of Digital Works listings (“Printed Works”) as displayed on the BonnieLevinson.com site by following the links to purchase them on third-party websites. When you purchase Original or Printed Works through the Services, BonnieLevinson.com and its third-party service providers will collect your billing and shipping information, and your payment will be processed by the third-party service provider. Original works and Printed Works will be shipped directly to you by the third-party service provider. The terms and conditions of the then-current Return Policy apply to any Original Work or Printed Work that you purchase through the third-party service provider.

COLOR

You understand and agree that BonnieLevinson.com uses commercially reasonable efforts to display the colors of Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, BonnieLevinson.com is not responsible for the color accuracy of any Original or Printed Works displayed on the Services and disclaims all liability in this regard.

LINKS

The Services may contain links to third-party websites or resources. You acknowledge and agree that BonnieLevinson.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BonnieLevinson.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Some of these websites may charge separate fees, which are not included in any subscription plan or other fees that you may pay to us. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

THIRD PARTY CONTENT

THIRD PARTY CONTENT IS NOT OUR RESPONSIBILITY: We disclaim any responsibility related to third party Content or information which may appear on the BonnieLevinson.com site, including any inaccuracies in artwork listings or descriptions. We disclaim all responsibility for any copyright or trademark infringement claims, and any other Content related claims associated with any items listed from an unrelated third party.

THIRD PARTY FEES: You may incur access or data or other fees from third parties, such as your mobile carrier or Internet provider, in connection with your use of our Services (depending upon your service plan with such entities) as well as automatic upgrades and updates of Mobile software. You consent to such upgrades and updates by using our Services and agree that these Terms will apply to all such upgrades or updates. You are solely responsible for any such incurred third-party fees. For example, if you decide to order products from the websites using a mobile device. We have no control over your service plans with your third-party service providers. You understand and acknowledge that we are not responsible or liable for any such additional or third-party charges which may be incurred by or in connection with the use of our Services.

PROPRIETARY RIGHTS IN CONTENT ON BONNIELEVINSON.COM

BonnieLevinson.com owns and retains all proprietary rights in the original elements of the Website, including its site design and arrangement of Content. The Website contains copyrighted material, trademarks, and other proprietary information of BonnieLevinson.com. Except for that information which is in the public domain or for which You have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

INTELLECTUAL PROPERTY RIGHTS/LICENSE

Copyright Notice. © BonnieLevinson.com, 2024. All rights reserved.

BonnieLevinson.com maintains this Website for Your personal use, entertainment, information, and education. You should feel free to browse the Website. However, the Service, and all content and materials accessible through the Services, including websites, website formatting and information, graphics, code, images, text, illustrations, logos, audio, and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied (whether electronic, hard copy, or other format), reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited All rights not expressly granted herein are reserved to BonnieLevinson.com. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

You may link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:

Designated Agent for DMCA Notices:
BonnieLevinson.com
Copyright Agent
313 NE 3rd Street
Delray Beach, FL 33444

 If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

2. Identification or description of the copyrighted work you claim has been infringed;

3. Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;

4. Your name, physical address, telephone number, and email address;

5. A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; and

6. Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

Trademarks. “BonnieLevinson.com”, and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

Notification and Procedure for Making Claims of Trademark Infringement. If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website’s trademark Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest.

1. A detailed description of the trademark work that You claim has been infringed.

2. A description of precisely where the material that You claim is being infringed is located on the Website.

3. Your address, telephone number, and email address.

4. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law.

5. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner’s behalf.

Designated Agent for Trademark Notices:
BonnieLevinson.com
Trademark Agent
313 NE 3rd Street
Delray Beach, FL 33444

Assignments.

You may not assign any obligations or rights under this TOU, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void. BonnieLevinson.com may freely assign or transfer, in whole or in part, any of BonnieLevinson.com rights or obligations hereunder at BonnieLevinson.com’s sole discretion, with or without notice to you or any users. Subject to that restriction, this TOU will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights hereunder through one or more of our Affiliates or through third parties.  BonnieLevinson.com retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable BonnieLevinson.com terms or policies. Because BonnieLevinson.com is not your agent BonnieLevinson.com will not act as any party's agent in connection with resolving any disputes between Buyers or third parties related to or arising out of any transaction.

YOUR RIGHTS, RESPONSIBILITIES AND RESTRICTIONS

By using our Services, you agree to the following:

• agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU;

• agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion;

• agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;

• agree that nothing in this TOU shall be deemed to convey any third-party rights or benefits;

• agree that except as otherwise required by law (in which case Florida statutes of limitation shall apply), the arbitration of any cause of action or claim you may have with respect to the Service, this TOU or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;

• agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU remain in full force and effect;

• agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;

• agree that the section titles in this TOU are for convenience only and have no legal or contractual effect; and

• agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

i. Restrictions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our Artist. Except as expressly granted to you under this TOU, all rights are reserved by us. You may link to this website without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

ii. Voluntary Use/Our Collection and use of non-Personally Identifiable Information. Your use of the Services is voluntary. You may stop using and/or cancel any of our Services at any time. By using our Services, you acknowledge and agree that our websites may collect and use non-personally identifiable information relating to your use of the Service (such as IP address, browser type, referring URL). For example, certain of our websites collect and organize information about users' computer usage and the websites visited by users into the database used to provide the Services. Use of such information is of course subject to the Privacy Policy.

Disclaimer & General Release.

a. BONNIELEVINSON.COM SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE BONNIELEVINSON.COM SITES, THE SERVICES, AND THE MARKETPLACE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BONNIELEVINSON.COM SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

b. BECAUSE BONNIELEVINSON.COM IS NOT INVOLVED IN TRANSACTIONS, IF A DISPUTE ARISES BETWEEN YOU AND THIRD-PARTY SERVICE PROVIDER, YOU RELEASE BONNIELEVINSON.COM (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

NO WARRANTY

YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICES WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES," OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE SERVICES.

INDEMNIFICATION

You agree to indemnify, defend and hold  BonnieLevinson.com harmless as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, including but not limited to reasonable attorney's fees, arising from or in any way related to any alleged violation of this TOU by you, use of the Services by you or any other person through you, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Indemnification Section shall survive termination of this TOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES

(REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN, ANY INFORMATION OR CONTENT OR MATERIALS OR LISTINGS ON THE SITE, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES LISTED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF BONNIELEVINSON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES.

TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICES, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICES SHALL BE THE REPLACEMENT OF ANY SUCH SERVICES OR COMPONENT OF THE SERVICES FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM.

Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

Relationship of Parties.

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. No agreement will create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect hereunder. All of the representations, warranties, covenants, conditions, and provisions hereunder are intended to be and are for the sole and exclusive benefit of BonnieLevinson.com, you, and our users. As between you and us, you will be solely responsible for all obligations associated with your use of any third-party service or feature. You will not make any statement, in any medium, that would contradict anything in this section.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

USERS FROM OTHER JURISDICTIONS

The Services are controlled and operated by BonnieLevinson.com from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Governing Law, Venue and Arbitration

The laws of the state of Florida will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the United States, Canada, or Mexico, BonnieLevinson.com and you both consent that any dispute with BonnieLevinson.com or its Affiliates or claim relating in any way to the TOU or your use of the Services will be resolved by binding arbitration in the state of Florida as described in this paragraph, rather than in court, except that (i) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights; and (ii) we may bring any claims related to your sale of counterfeit products on the  BonnieLevinson.com Site in the Governing Courts and seek any remedy available under law related to those claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. BonnieLevinson.com and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration BonnieLevinson.com and you each waive any right to a jury trial.