Legal

Last updated: October 31, 2024

Who We Are

GHAVHA design, the GHAVHA design website (ghavha.com), the GHAVHA design social media accounts, and the GHAVHA Store are all owned and operated by the sole-proprietor, Greg Harsha. The primary purpose of the aforementioned entities is to market and sell products created by Greg Harsha.

GHAVHA design strives to provide what it estimates to be the very best user experience. Things like pop-ups, third-party ads, cookie disclaimers, annoying marketing gimmicks, or other encumbrances to the users’ simple navigation of GHAVHA design’s internet implementations are intolerable.

GHAVHA design encourages feedback, advice, comments and questions about its products, website, and social media accounts. Please use the contact form or the mailing address listed in the contact section of the GHAVHA design website.

Brief Overview of the Intent of GHAVHA design

GHAVHA design intends to offer for sale and purchase aesthetic graphical reference wall art.

In terms of the products as art and their subject matter, the products derive from the interests and creative imagination of Greg Harsha.

In terms of product quality, GHAVHA design endeavors to use materials and equipment that deliver at superior standards. Additionally, to ensure high-quality, GHAVHA design operates its own exclusive print shop. Originally conceived of as “posters”, we found poster paper, card stock, and bond paper insufficient for our task. Instead, GHAVHA design uses premium luster photographic paper paired with a fine art wide-format printer and modern aqueous all-pigment ink that have proved to produce the desired results. As a class of wall art, we describe them best as poster-sized prints, but please, display GHAVHA design products any way or anywhere you see fit.

With regard to the website and online store, the intent is to provide an excellent, intuitive, and secure experience, robustly delivering accurate information in the realm of GHAVHA design and its products and services.

GHAVHA design is a new independent venture that will undoubtedly experience some growing pains. If a customer visits the website, easily navigates to a purchase, and receives the product undamaged and without needless delay, the production and fulfilment implementation will have been a success. GHAVHA design strives to achieve that level of success.

Terms and Conditions

GHAVHA design believes you own your choices, decisions, and actions. You are reading this only because you chose to. You may be on the GHAVHA design website, but not reading this, and that also is your own choice. You may make a purchase from the GHAVHA store, again, the choice is exclusively yours. GHAVHA design makes, and will continue to make, every effort to provide accurate information about the products it sells, about the website and store it operates, as well as accurate order statuses. The information found entirely within the web pages of the GHAVHA design website, the GHAVHA store, the GHAVHA design social media accounts, through email with GHAVHA design, or correspondence with GHAVHA design through the US mail is the source.

By using the GHAVHA design website or the GHAVHA store or by placing an order, you are doing so at your own choice, and the implication is that you know it is your own choice. Even then, if you experience any dissatisfaction, GHAVHA design would love the opportunity to address and resolve that dissatisfaction.

Please contact GHAVHA design by using the contact form or through the US mail if you have any questions, concerns, or dissatisfaction with your experience with GHAVHA design.

Definitions

The terms website, the website, the site, GHAVHA design website, GHAVHA store, the store, all mean the GHAVHA design website found at ghavha.com, and any of its subdomain and all of its paths; such as this very page.

The terms we, our, its, or any other like pronoun that reasonably alludes to GHAVHA design, mean GHAVHA design.

The term user or users means the person, persons, or entity that navigates to, on, or through the website, or engages with content or functions on the website.

The term customer or customers means the person, persons, or entity that successfully places an order for a product or products from the site.

The term you and any of its variants means a user or customer.

The term product or products means the physical goods displayed as images or in video and offered for sale on the site.

The term purchase means to buy a product from GHAVHA design.

Website Use

Use Restrictions – GHAVHA design invites all users to freely use the website as intended, however, users must not engage in any form of activity that harms or damages the website’s function or are unlawful or illegal, and expressly prohibited, including:

  • Intentional Interference: Any activity intended to disrupt, degrade, impair, or disable the website or any part of its services.
  • Malware: Distribution of viruses, worms, trojans, or other malicious code intended to compromise the website’s security or user data.
  • Denial of Service (DoS) Attacks: Engaging in activities that attempt to overwhelm the website’s resources, thereby denying service to legitimate users.
  • Unauthorized Access: Attempting to access areas of the website or systems that users not authorized to enter.
  • Exploitation: Attempting to exploit any known or unknown vulnerabilities in the website or its systems.
  • Fraudulent Activity: Using the website for any unlawful or fraudulent purposes, including phishing or scamming.
  • Intellectual Property Violations:
    • Content Theft: Copying, modifying, or distributing content without permission, including scraping or data mining for unauthorized purposes.
    • Specific permission granted statement: It is permissible to distribute the website content digitally, without modification or adulteration, as long as the source is clearly and accurately attributed.
  • Legal Compliance:
    • Compliance with Laws: Users must comply with all applicable laws and regulations in their jurisdiction, including copyright laws, privacy laws, and cybercrime laws.

Consequences of Violation – GHAVHA design may invoke any or all of the following non-inclusive remedies:

  • Termination: Immediate termination of access to the website without prior notice.
  • Legal Action: Reservation of the right to pursue legal remedies against those who violate these terms, including seeking damages.
  • Public Action: Reservation of the right to disclose and disseminate the facts of the violation.

Monitoring and Enforcement – GHAVHA design may at any time invoke or request:

  • Surveillance: The site reserves the right to monitor traffic and content to ensure compliance with these terms.
  • Reporting: GHAVHA design encourages users to report any suspicious or malicious activity, in context to the aforementioned use restrictions. GHAVHA design may, at its sole discretion, report suspected illegal activity to the appropriate authorities.

Intellectual Property

GHAVHA design owns all the original content on the website and retains all rights to it, including the website itself. Users may make digital reproductions and freely share the content; so long as the content or property remains unmodified, altered, skewed out of context, misattributed, or lacks attribution to GHAVHA design.

Purchasing Terms

GHAVHA design offers unique prints for sale. Customers may purchase the products through the GHAVHA store, or through an order, with payment, through the US mail. We accommodate orders in bulk with prior notice and an agreement, and initiated by using the contact form or address.

Payment Terms

Orders and payments made through the GHAVHA store checkout page using the methods presented there. Payment for orders requested through the US mail must accompany the order as a check or money order, and then shipped when the payment clears and made available in GHAVHA design’s bank account.

Sales Taxes

Presently, GHAVHA design has a sales tax nexus in the Kenai Peninsula Borough alone, but may require collection of sales tax in other jurisdictions after certain thresholds.

Returns, Refunds, and Exchanges

All sales are final. Sales for the purposes of these Terms and Conditions means the customer’s purchase of any number of GHAVHA design’s products and the transfer of the packaged product(s) into the care of the Shipper. However, customers may have valid claims referenced in the Warranties section and the Shipping and Delivery section of these Terms and Conditions.

Liability Disclaimer

Presently, GHAVHA design has a sales tax nexus in the Kenai Peninsula Borough alone, but may require collection of sales tax in other jurisdictions after certain thresholds.

GHAVHA design’s product(s) contain open-source text and symbols, unique compilations, and unique artistic designs. Customers agree to indemnify and hold harmless GHAVHA design from any claims of liability, harm, or damages, perceived or real, as a result of displaying or viewing the products.

Accuracy of Product Text and the Right to Change Anything

GHAVHA design makes no claim to the 100% accuracy of the text of its product offerings, even though 100% accuracy was and will always be the goal. Additionally, some products are subjective and titled appropriately.

GHAVHA design maintains the right to revise, alter, amend, or in any other way change the designs or content of its product offerings or their physical properties, or its production, at any time. GHAVHA design also has the right to discontinue a product.

GHAVHA design reserves the right to make changes to the GHAVHA design website, the GHAVHA store and the GHAVHA design social media accounts from time to time.

Warranties

GHAVHA design promises no explicit or implied warranties, except that we endeavor to manufacture products to the specifications advertised, apply prudent product quality controls, and attempt to package the products for transport and delivery with care and in sturdy shipping tubes. Minor print imperfections, anomalies, variations in the design or color, and the like, are not typical but may be present and are an elementary result of GHAVHA design’s form of production and are likewise, not warranted. Such an individual print is most likely unique. A crease as result of folding is a defect, a dent in the paper is not. The paper used in GHAVHA design’s prints is robust and has proven to withstand repeated handling. Described in the Shipping and Delivery section of these Terms and Conditions, are details of the product’s packaging and damage to it or its contents. Mistakes do happen and certainly unintentional. GHAVHA design implores customers to provide feedback and allow us the opportunity to correct mistakes.

Shipping and Delivery

GHAVHA design currently sells when, and ships to, willful customers with delivery addresses served by the United States Postal Service. This generally means states of the United States, territories of the United States (including some minor outlying islands), and APO/FPO/DPO zip codes.

GHAVHA design offers two shipping options: Standard shipping at no charge, and USPS Priority® Mail at a discounted price to the customer.

The following table serves as an example of the ESTIMATED costs and delivery times for sample locations.

LocationShipping MethodCost (24″ Shipping Tube)Cost (36″ Shipping Tube)Delivery Time:
AlaskaStandard Shipping$0.00$0.004 to 5 days
Priority Mail$9.00 to $15.00$23.00 to $29.003 to 4 days
The 49 other statesStandard Shipping$0.00$0.0016 to 20 days
Priority Mail$15..00 to $18.00$29.00 to $33.004 days
Most U. S. territoriesStandard Shipping$0.00$0.0025 days
Priority Mail$18.00$33.006 days
Various other U. S. territoriesStandard Shipping$0.00$0.0025 days
Priority Mail$37.00$51.006 days
APO/FPO/DPOStandard Shipping$0.00$0.0018 to 45 days
Priority Mail$19.00$33.007 to 13 days
All other locationsShipping ineligible at this time
Table of estimated shipping costs and delivery times for locations served by the US Postal Service and subject to change at anytime.

GHAVHA design packages its products and fulfills all successful orders. The shipping origin is Soldotna, Alaska. Shipping includes tracking and insurance.

GHAVHA design packages its products in American made heavy-duty “kraft” shipping tubes with plastic end caps. Packaging dimensions are either:

  • 25-1/4″ x 3-1/4″ x 3-14″
  • 37-1/4″ x 3-1/4″ x 3-1/4″

Customer agrees to contact GHAVHA design immediately if any package arrives damaged, or not at all. Then, an indemnity claim for loss or damage may be created and filed with the USPS.

Customer also agrees that products received with damaged packaging to a degree that also damages the contents will retain the shipping tube, including any damaged articles, all packaging, and any contents received and that the customer will make any or all of this proof available to the local Post Office for inspection, retention, and disposition in accordance with the USPS claims decision.

Once a claim is deemed valid by the USPS, GHAVHA design will send a replacement of the original order.

Indemnification

By using our services, purchasing our products, or engaging with our content (that appears anywhere in the public domain) you agree to indemnify, defend, and hold harmless GHAVHA design, its owner(s), employees, affiliates, agents, licensors, and suppliers from and against all claims, lawsuits, liabilities (including settlements), damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, and court costs) that arise from or relate to:

  • Your use of the website, including any data or content transmitted or received by you
  • Your violation of any term of this Agreement or any other policy of GHAVHA design
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your use of the Products infringes or violates the intellectual property or other proprietary rights of a third-party
  • Any claim or action arising from or related to your conduct, content, or information you provide or transmit through our website or services.
  • Any physical harm or injury arising from the use, misuse, or alteration of the products sold by GHAVHA design, unless such harm is due to a manufacturing defect for which GHAVHA design is directly responsible.

This indemnification obligation will survive the termination of these Terms and Conditions or your use of our services.

You understand that we have no control over the content or nature of any third-party sites or resources which you may access through our website or services, and we are not responsible for any harm or losses suffered as a result of such access. We encourage our users to be aware when they leave our site or services and to read the terms and conditions and privacy policies of any third-party site that you visit or engage with.

Our products’ subject content is open source and freely available in the public domain. We attempt to produce an accurate representation of the text, symbiology, and enumeration. These terms apply to any damages, losses, or harms, perceived or real, that may arise or result from inaccuracies of the content.

Our subjective products are labeled accordingly; they are presented as an opinion. You agree that these terms apply to any damages, losses, or harms, perceived or real, that may arise or result from our opinion.

Dispute Resolution

GHAVHA design simply asks for users and/or customers to contact GHAVHA design in earnest to resolve disputes with GHAVHA design and/or the website, and allow reasonable time to amicably resolve such disputes. Contact GHAVHA design using the contact form or through the US mail.

Termination

If a user disagrees with any of the Terms and Conditions express on this web page, the user is free to no longer use the GHAVHA design website or the GHAVHA store.

Acceptance of Terms

The continued use of the GHAVHA design website or GHAVHA store by a user is an acknowledgement that the user agrees to the Terms and Conditions expressed in this agreement on this web page. Additionally, any user that becomes a customer through the successful purchase of one of the GHAVHA design products agrees to all the Terms and Conditions expressed in this agreement on this web page and the GHAVHA design Privacy Policy.

Governing Law

The laws of the State of Alaska shall apply as the governing law to the Terms and Conditions expressed on this web page, and for any persistent unresolved disputes or conflicts that may become litigious.

Changes to Terms

GHAVHA design may change these Terms and Conditions at any time with no notice.

Force Majeure

Neither GHAVHA design nor a user/customer shall be liable or held to account to the other for any failure to perform any obligation under this agreement, except for the Website Use section, which is due to an event beyond the control of the parties to this agreement, including any Act of God, terrorism, war, political unrest, fire, flood, earthquake, epidemic, lockouts, strikes or other labor disputes, acts of governments or regulatory bodies, supply chain breakdowns, major internet outages, cybersecurity breaches affecting service or services, or changes in technology that might render services obsolete or temporarily impossible, or any other cause where the party claiming force majeure could not have prevented such event even if it had taken all reasonable precautions.

In such an event, the affected party shall promptly notify the other party of the force majeure event and the expected duration of such event. The affected party’s performance shall be considered excused for the period of the delay and such party shall use diligent efforts to end the failure, or delay, or to find a solution by which its obligations may be performed despite the force majeure event.

If the duration of the force majeure event or the aftermath of the force majeure event extends beyond thirty (30) days, either party may terminate this agreement by giving written notice to the other party, without any liability, other than for obligations accrued prior to termination. Written notice is an implication for the purposes of this clause if absent or made impossible as a direct result of a force majeure event.

Severability

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remaining provisions of these Terms and Conditions shall remain in full force and effect. The parties hereby expressly acknowledge and agree that this agreement, and in particular, this severability provision, shall be given the broadest possible interpretation to ensure the enforceability of its terms and conditions.

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