Term of Service

Website name: martafivehouseniemann.com

Last Updated: 15 February 2026

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE (MAY ALSO BE REFERRED TO AS “SITE”), PURCHASING ARTOWRK, OR OTHERWISE USING ANY SERVICES LISTED IN THE WEBSITE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND BY ANY OR ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY AS USER, CUSTOMER, OR PROSPECTIVE CUSTOMER OR CLIENT TO READ, UNDERSTAND AND ADHERE TO THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN ACCESS TO MY WEBSITE IS NOT AUTHORIZED, AND YOU ARE FURTHER ADVISED TO NOT USE MY WEBSITE, MAKE ANY PURCHASE, OR USE OUR SERVICES OR PURCHASE OF OUR ARTWORK.

The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Marta Fivehouse-Niemann (hereinafter “MFN”), a sole proprietor located in Denver, Colorado. This Agreement annuls and voids all previous agreements.

OVERVIEW

The Website www.martafivehouseniemann.com (hereafter may be referred to as “Website”) is operated by MFN. Throughout the Terms of Service and Privacy Policy, the terms “we”, “us” and “our” refer to MFN, who offers this Website, including all information, artwork, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Terms should be read carefully when accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these terms. If you do not agree to all the Terms of this Agreement, then you are not authorized access to the MFN Website nor may you purchase any artwork, services or products therein. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

By visiting our Website and/or purchasing something from it, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, clients, interested parties, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of those additional terms or policies shall control.

Artwork, features, content, or tools which are contained in and/or added to the Website’s current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the MFN Website following the posting of any changes constitutes your acceptance of those changes.

SECTION 1 – GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state

or province of residence, or that you are the age of majority in your state or province of residence

and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products or Website for any illegal or unauthorized purpose, nor may you, in the

use of our products or Website, violate any laws in your jurisdiction (including but not limited to motor

vehicle and insurance laws).

You must not transmit any worms, viruses or other computer code of a destructive manner when accessing or using this Website. Doing so is considered a breach or violation of the Terms of MFN’s Website. A breach or violation of any of the Terms will result in termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion

at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Website;

2. Change, suspend or discontinue all or any part of our products or Website;

3. Refuse, move, or remove any content that is available on all or any part of our Website;

4. Deactivate or delete your accounts or the accounts of others under your supervision or control; and

5. Establish general practices and limits concerning use of our Website.

You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Website may include communications such as service announcements and administrative or legal notices from us. Note that you cannot opt out of receiving these notices.

You understand that your content (excluding any credit card information, see below), may be transferred

unencrypted and may involve:

1. Transmissions over various networks; and

2. Changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of

the Website, or access to the Website or any contact on the Website, without express written permission by MFN.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. MFN content is not for further sale or resale unless expressly authorized in writing by MFN. Use of the Website does not entitle users to make any unauthorized use of any protected content. Deleting or altering any proprietary rights or attribution notices of any content is not permitted. Use of protected content is solely for your personal use, and you agree to make no other use of the content without the express written permission of MFN. You further agree that you do not acquire any ownership rights of any protected content. MFN does not grant any licenses, express or implied, to the intellectual property of MFN or our licensors except as expressly authorized by these Terms. All products, artwork, and services are provided “as is” and MFN makes no warranties of any kind, express or implied, including merchantability or fitness for a particular purpose.

SECTION 2 – CONDUCT BY USERS AND USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

As a user or member of the Website, you herein acknowledge, understand and agree that all artwork, information, text, software, data, photographs, digital images, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. You are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the MFN Website, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Website, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by MFN.

Furthermore, you herein agree not to make use of Marta Fivehouse-Niemann’s Website for the

purpose of:

1. Uploading, posting, emailing, transmitting, or otherwise making available any content that is deemed by us to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy, or which is hateful, and/or racially, ethnically, or otherwise objectionable;

2. Causing harm to minors in any manner whatsoever;

3. Impersonating any individual or entity, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

4. Forging or faking captions, headings or titles or otherwise offering any content that you personally

have no right to pursuant to any law nor having any contractual or fiduciary relationship to;

5. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of MFN and/or any other party;

6. Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;

8. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other malicious computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

9. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;

10. Interfering with or disrupting any MFN, servers and/or networks that may be connected or related to our Website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

11. Violating, intentionally or unintentionally, any local, state, federal, national or international laws, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchanges, and any regulations having the force of law;

12. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization”;

13. Harassing, stalking or interfering with the intent to otherwise harass or harm another individual; and/or

14. Collecting or maintaining any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in this agreement.

MFN herein reserves the right to pre-screen, refuse and delete any content currently available through our Website. In addition, solely at our discretion, we reserve the right to remove and delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

MFN reserves the right to access, preserve and/or disclose user or member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. Complying with any legal process;

2. Enforcing the Terms of this agreement;

3. Responding to any claim that contained content is in violation of the rights of any third party;

4. Responding to requests for customer service; or

5. Protecting the rights, property or the personal safety of Marta Fivehouse-Niemann, its

visitors, users and members, including the general public.

Marta Fivehouse-Niemann herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by MFN or any other content providers supplying content services to Marta Fivehouse-Niemann. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Website. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Website, despite whether done so in whole or in part, is expressly prohibited.

If, at our request, you send certain specific submissions (e.g. a contest entry) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

1. Maintain any comments in confidence;

2. Pay compensation for any comments; or

3. Respond to any comments.

MFN may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the MFN Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 3 – INDEMNITY

All users and/or members agree to insure and hold Marta Fivehouse-Niemann, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Website who may submit, post, modify, transmit or otherwise make available through the use of MFN Website, your violations of the Terms of Service, and your violation of any such rights of another person.

SECTION 4 – COMMERCIAL REUSE OF SERVICES

Users of the MFN Website agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to MFN’s Websites.

SECTION 5 – MODIFICATIONS

Marta Fivehouse-Niemann reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

SECTION 6 – TERMINATION

You may cancel or terminate your account, associated email address and/or access to MFN Website by submitting a cancellation or termination request to info@martafivehouseniemann.com.

As a user or member, you agree that Marta Fivehouse-Niemann may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to our Website. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;

2. Requests from law enforcement or any other governmental agencies;

3. Discontinuance, alteration and/or material modification to our services, or any part thereof;

4. Unexpected technical or security issues and/or problems;

5. Any extended periods of inactivity;

6. Any engagement by you in any fraudulent or illegal activities; and/or

7. Non-payment of any associated fees that may be owed by you in connection with engaging with or purchasing artwork from MFN.

Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion, and that we shall not be liable to you or any other third party regarding the termination of your account, associated email address and/or access to our Website.

The termination of your account with our Webstie shall include any and/or all of the following:

1. Removal of access to all or part of the Website offered within the Website;

2. Deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

3. Denying further use of all or part of the MFN Website.

SECTION 7 – LINKS

Either Marta Fivehouse-Niemann or any third parties may provide external links to other organizations, companies or resources (collectively referred to as “resources”). Thus, you acknowledge and agree that we are not responsible for the availability of any such external resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party resources. Furthermore, you acknowledge and agree that Marta Fivehouse-Niemann shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such resource.

SECTION 8 – PROPRIETARY RIGHTS

You hereby acknowledge and agree that Marta Fivehouse-Niemann’s Website, artwork, content, and any essential software that may be used in connection with our Website shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.

You further acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Website or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except for that which is expressly permitted by applicable law or as authorized by Marta Fivehouse-Niemann, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on the MFN Website.

Marta Fivehouse-Niemann hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Website on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Website in any manner, nature or form, and as such, not to use any modified versions of the Website, including and without limitation, for the purpose of obtaining unauthorized access to the MFN Website.

You also agree not to access or attempt to access our Website through any means other than through the interface which is provided by Marta Fivehouse-Niemann for use in accessing our Website.

SECTION 9 – WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. THE USE OF MARTA FIVEHOUSE-NIEMANN WEBSITE AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR WEBSITE AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MARTA FIVEHOUSE-NIEMANN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. MARTA FIVEHOUSE-NIEMANN AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MARTA FIVEHOUSE-NIEMANN WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MARTA FIVEHOUSE-NIEMANN WEBSITE OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MARTA FIVEHOUSE-NIEMANN WEBSITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR

WEBSITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MARTA FIVEHOUSE-NIEMANN’S WEBSITE OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MARTA FIVEHOUSE-NIEMANN OR BY WAY OF OR FROM OUR WEBSITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR WEBSITE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

SECTION 10 – LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MARTA FIVEHOUSE-NIEMANN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

1. USE OR INABILITY TO USE THE MFN WEBSITE;

2. COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND

5. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR WEBSITE.

SECTION 11 – RELEASE

In the event you have a dispute, you agree to release Marta Fivehouse-Niemann (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SECTION 12 – NOTICE

Marta Fivehouse-Niemann may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on the MFN Website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Website in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Website in an authorized manner.

SECTION 13 – INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all Marta Fivehouse-Niemann trademarks, copyright, trade name, service marks, and other Marta Fivehouse-Niemann logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Marta Fivehouse-Niemann. You herein agree not to display and/or use in any manner the Marta Fivehouse-Niemann logo or marks without obtaining Marta Fivehouse-Niemann’s prior written consent.

Marta Fivehouse-Niemann will always respect the intellectual property of others. With regards to appropriate circumstances and at its sole discretion, Marta Fivehouse-Niemann may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way on our Website that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. Electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

2. Description of the copyrighted work or other intellectual property that you believe has been infringed upon;

3. Description of the location on the MFN Website which you allege has been infringing upon your work;

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

5. Statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; and

6. Statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

Notice of claims of copyright or other intellectual property infringement rising from the use of the MFN Website should be forwarded via e-mail as follows:

Marta Fivehouse-Niemann

Email: info@martafivehouseniemann.com

SECTION 14 – ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Marta Fivehouse-Niemann and shall govern the use of our Website, superseding any prior version of this Agreement between you and us with respect to Marta Fivehouse-Niemann Website.

SECTION 15 – CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Marta Fivehouse-Niemann with regard to the Agreement that the relationship between the parties shall be governed by the laws of the State of Colorado, located in the United States of America, without regard to its conflict of law provisions, and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Marta Fivehouse-Niemann, shall be filed within the courts having jurisdiction within the County of Denver, Colorado, or the U.S. District Court located in said state. You and Marta Fivehouse-Niemann agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

SECTION 16 – WAIVER AND SEVERABILITY OF TERMS

At any time, should Marta Fivehouse-Niemann fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

SECTION 17 – NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your identification and contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

SECTION 18 – STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within six (6) months after said claim or cause of action arose or shall be forever barred.

SECTION 19 – VIOLATIONS

Please report any and all violations of this Agreement to Marta Fivehouse-Niemann via e-mail as follows:

Marta Fivehouse-Niemann

Email: info@martafivehouseniemann.com

SECTION 20 – GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy (see below, SECTION 23).

SECTION 21 – FOREIGN ACCESS OF WEBSITE

The Website is controlled, operated and administered by MFN from within the United States of America (USA). Access the MFN Website from a location outside the USA is permitted, and you are responsible for compliance with all local laws. You agree that you will not use MFN’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 22 – ERRORS, INACCURACIES AND OMISSIONS

There may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Website is inaccurate at any time without prior notice (including after you have submitted any order).

We undertake no obligation to update, amend or clarify information on the Website or on any related link, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Website has been modified or updated.

SECTION 23 – ONLINE PRIVACY POLICY

Every user’s registration data and various other personal information are strictly protected by MFN Privacy Policy as outlined in this section. The MFN Privacy Policy states that as a user of the MFN Website, you herein consent to the collection and use of the information provided, including the transfer of information within the United States of America and/or other countries for storage, processing or use by Marta Fivehouse-Niemann. MFN is committed to keeping all personal information collected of those individuals that visit our Website accurate, confidential, secure and private.

The MFN Website collects various types of information, such as your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products, artwork or content from MFN.

Use of information collected may make use of personal information to assist in the operation of our Website. We may find it necessary to use personally identifiable information (PII) as a means to keep you informed of other possible products and/or services that may be available to you from our Website.

MFN does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties. We may disclose your personal information, without any prior notice to you, unless required to do in accordance with applicable laws or in a good faith belief that such action is deemed necessary or required to:

1. Remain in conformance with any decrees, laws and/or statutes or to comply with any process which may be served upon the Website;

2. Maintain, safeguard and/or preserve all the rights and/or property of MFN; and

3. Perform under demanding conditions to safeguard the personal safety of users of the Website or the general public.

All users or visitors to our Website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to info@martafivehouseniemann.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Our website does contain links to other organizations and their websites. We do claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each website that collects PII. The MFN Privacy Policy in this Agreement applies only and solely to the information collected by our Website.

MFN shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

MFN reserves the right to update and/or change the terms of our privacy policy, and as such we will post those changes to our website, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information.

Using the MFN website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you are not authorized to use of our Website. In addition, your continued use of our Website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.

For any further information or clarifications to the MFN Privacy Policy, please e-mail:

Marta Fivehouse-Niemann

Email: info@martafivehouseniemann.com