Terms of service
Barbara Cleary Art and Barbara Cleary Designs and WWW.BARBARACLEARYART.COM and WWW.BARBARACLEARYDESIGNS.COM and STAR FAMILY WISDOM LLC Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using www.barbaraclearyart.com or www.barbaraclearydesigns.com (hereinafter referred to as the “Site”). The Site and its content are owned by Jenna Layden and Star Family Wisdom LLC.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at sales@barbaraclearyart.com
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Jenna Layden and Barbara Cleary Art and Barbara Cleary Designs.and our websites, www.barbaraclearyart.com or www.barbaraclearydesigns.com, or Star Family Wisdom LLC.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Jenna Layden and/or www.barbaraclearyart.com or www.barbaraclearydesigns.com and any and all written or downloadable material purchased, viewed, or otherwise offered by Barbara Cleary Art and Barbara Cleary Designs.and our websites, www.barbaraclearyart.com or www.barbaraclearydesigns.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
“Products” means physical merchandise and art prints featuring Barbara Cleary art that is available on the Site.
“Site” means www.barbaraclearyart.com or www.barbaraclearydesigns.com
, and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. DISCLAIMER:
By using the Site and/or purchasing from Barbara Cleary Art or Barbara Cleary Designs, you understand that we use Gelato and Printify as production suppliers.
5. Your Consent to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
8. Intellectual Property Ownership:
The Site and the art used on all products are intellectual property solely owned by Jenna Layden. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
10. Refunds:
By purchasing from us and using our site, you acknowledge the following terms of Purchase. We have a 30-day money back guarantee policy, which means you have 30 days after receiving your item to request a refund.
You acknowledge that the Products are personalized and made specifically for each order by Gelato and/or Printify.
You acknowledge that the Products, when printed, may vary from the User Content as displayed on-screen, such as due to how computers display colours. Such deviation between on-screen User Content and physical Products that are not due to printing errors shall not be deemed a defect.
If there are defects discovered, such as damage to the delivered Products, errors in the number or quantity of the delivered Products or lack of quality of the delivered Product not caused by lack of quality of the User Content, you should provide us with photographic or other documentary evidence of the existence of a defective Product. If we have not received from you a complaint in writing within 30 days after receipt, we shall have no liability for any defect.
If we agree, or you can substantiate, that there is a defect and that it is not due to the carrier of a non-tracked delivery, force majeure or other circumstances outside our control, then we will, at our option, either provide you with a reprint of the order to the extent required to remedy the defect or offer you with a refund for the defective Products.
The remedies provided for above are your sole remedies for any defective Product, and exclude, to the fullest extent permitted by law, any other remedy available to you (including the End Customer) by law.
To be eligible for a refund, you’ll need the receipt or proof of purchase and will need to email sales@barbaraclearyart.com with the specific details of the issue related to your product and the reason for refund. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at sales@barbaraclearyart.com.
To start the refund request process, you can contact us at sales@barbaraclearyart.com.
You can always contact us with any questions at sales@barbaraclearyart.com.
11. Damages and Exchanges:
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
We do NOT accept exchanges for purchased products at this time.
Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12. Sustainability:
At Barbara Cleary Designs, we are deeply committed to sustainability and offering eco-friendly products that celebrate both art and the environment, so we work with Gelato and Printify to produce and ship our products. Our art prints are created with responsibly sourced materials, ensuring high-quality reproductions of Barbara Cleary’s stunning works while minimizing environmental impact. Our organic tote bags and organic tea towels are crafted from 100% organic cotton, providing a durable, stylish, and eco-conscious alternative to single-use products.
Additionally, our pouches are made from 80% recycled cotton and 20% recycled polyester, and our candles feature a 100% natural soy wax blend for a clean, eco-friendly burn. Every product in our collection reflects our dedication to sustainability, from thoughtful material selection to environmentally responsible production practices. By choosing Barbara Cleary Designs, you support a brand that prioritizes the planet while showcasing the timeless beauty of Barbara Cleary’s artwork.
All products are produced in accordance with international and national product safety regulations.
13. Sharing the Site & Its Content:
You must request and receive written permission by email sales@barbaraclearyart.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. Please contact sales@barbaraclearyart.com for questions related to affiliate agreements.
14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, in any way. The Site, and/or your Purchases are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15. Your Release of Us:
By using the Site or Purchasing, or using www.barbaraclearyart.com and www.barabraclearydesigns.com products, you agree to release, forgive, and forever discharge Jenna Layden and Star Family Wisdom LLC its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, www.barbaraclearyart.com and www.barabraclearydesigns.com, and Star Family Wisdom LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Products, please contact us directly first by emailing sales@barbaraclearyart.com
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Jenna Layden of Barbara Cleary Designs/Star Family Wisdom LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 60 miles of Sedona, Arizona.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Arizona. The only award that can be issued to you is a refund of any payment made to www.barbaraclearyart.com and www.barbaraclearydesigns.com for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
18. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Arizona.
19. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court or a state court located within the State of Arizona in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
20. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Arizona for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Arizona.
21. Payment & Purchases:
When you Purchase or Download one of our Products from us or the Site, you may pay by credit card. By doing so, you give Barbara Cleary Designs/Star Family Wisdom LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Barbara Cleary Designs permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Product, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
Shipping is handled by the manufacturers, Gelato and Printify, and is calculated based on shipping destination. Not all products are available in all markets.
22. Limitation of Liability:
Www.barbaraclearyart.com and www.barabraclearydesigns.com and/or Jenna Layden and/or Star Family Wisdom LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product]. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
23. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless www.barbaraclearyart.com and www.barabraclearydesigns.comand/or Jenna Layden and/or Star Family Wisdom LLC and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Barbara Cleary Art and Barbara Cleary Designs and/or Jenna Layden and/or Star Family Wisdom LLC (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
24. Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer or any other terms to which you have agreed to.
25. Entire Agreement
These Terms & Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
26. Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
27. Your Privacy & Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
28. Contact
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Website: www.barbaraclearyart.com or www.barbaraclearydesigns.com
Email: sales@barbaraclearyart.com
Business Address: 390 Birch Blvd, Sedona, AZ 86336
Updated 1/19/2025