Terms of service

This website is operated by L. Proctor Ironworks, LLC. Throughout the site, the terms “we”, “us”, “our”, and “Luke Proctor” refer to L. Proctor Ironworks, LLC. Luke Proctor offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

RIGHTS TO ARTWORK: All artwork and images on this site are the sole property of L. Proctor Ironworks or have been credited by L. Proctor Ironworks to the original source. These images may not be used by any 3rd party without written permission from Luke Proctor. Copying any artwork by Luke Proctor is strictly prohibited and enforced. Luke Proctor retains all rights to artwork before and after sale. The purchaser cannot reproduce any artworks without the purchase of additional rights for reproductions.Purchaser agrees that any appearance of artwork in 3rd party publications like magazines, blogs, instagram, facebook must be appropriately credited to the artist Luke Proctor. Appropriately crediting explicitly means the artist's name (Luke Proctor) appearing in the publication, blog, or social media. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. We reserve the right to refuse service to anyone for any reason at any time.

PROHIBITED USES: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

LIMITATION OF LIABILITY: You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Luke Proctor, L. Proctor Ironworks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION: You agree to indemnify, defend and hold harmless Luke Proctor, Lucas Proctor, L. Proctor Ironworks, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

CHANGES TO TERMS OF SERVICE: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CLASS ACTION: Users of the website agree that they will not be party to a class action against L. Proctor Ironworks, LLC, or Lucas Proctor or Luke Proctor. Parties agree that any claims made against the other must be based on the individual's capacity and not in a class action. The claimant agrees to not be represented by an attorney or a legal team that is representing other claims/claimants against Luke Proctor or L. Proctor Ironworks.

PRIVACY STATEMENT: When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

CONSENT: When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, we imply that you consent to our collecting it and using it for that specific reason only. When you submit information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us HERE.

DISCLOSURE: We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

CHANGES TO THIS PRIVACY POLICY: We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

PURCHASE policy

All orders, unless purchased in full on our website, require a half down, non-refundable deposit to begin work. For custom work “custom” defined as any alteration to an original design by Luke Proctor, for example, dimensions, color or overall proportions; however, is not limited to and will remain unlimited in its definition as “custom” to be solely determined by L. Proctor Ironworks. All custom orders require a half down, non-refundable deposit to begin work. Final payment of any order is due prior to shipment or delivery of said order. Lead times for completed work are determined at the time of order and are subject to change at any time, changes to forecasted lead times will not change payment collected or payment due. Returned checks will incur a $40 fee added to the remaining outstanding balance.

REFUND policy

ORIGINAL ARTWORK: L. Proctor Ironworks does not offer refunds on pieces, orders or commissions. If damage occurs during shipping to original art, the artist insures each piece with the shipper. In the event damage has occurred during shipment, the artist will either repair the damage or provide an acceptable piece to the customer. An acceptable piece means one of the same size that the artist and purchaser have agreed upon. Additional time may be required to repair or complete a new piece. Damage to artwork during shipment must be reported to L. Proctor Ironworks within 5 days of receipt of said artwork. Any claims against the shipper will be made by the artist and any resulting payouts and/or compensation will go directly to the artist for the repair of the damaged piece or compensation for creating a new piece. No insurance payouts will ever be made to the purchaser of artwork.