Last updated: June 7, 2018
This website, SusanTuttlePhotography.com (the “Site” and “Service”) is owned and operated by Susan Tuttle (“Susan Tuttle Photography”, “us”, “we”, “our”). The following Terms and Conditions of Use (“Terms”, “Terms and Conditions”, “Terms of Use”, “Agreement”) govern your access and use of the Site. By accessing or using this Site you automatically indicate your agreement to these Terms and Conditions. Please carefully read these Terms and Conditions and our related Privacy Policy before accessing or using this Site, as your use and access creates a legally binding Agreement to these Terms of Use. These Terms apply to all visitors, users and others who wish to access or use the Site. If you disagree with any part of the Terms and/or do not wish to be bound by these Terms, then you should terminate your use of and access to this Site.
Minors. Site user affirms that they are at least eighteen (18) years of age, and are fully able and competent to read, understand and enter into this binding agreement, including all conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by, and comply with, all terms of this agreement. If you are a minor under the age of 18, you need the consent of your parent or guardian to use or access the Services on the Site. In addition, Susan Tuttle Photography does not knowingly collect personally identifiable information from minors. Please refer to our Privacy Policy for further details.
Site Content Modification and Discontinuation. Any new products or features added to the Site will also be subject to these Terms of Use. The most current version of these Terms of Use will be available on this page. Susan Tuttle Photography reserves the right to update or change any part of these Terms of Use, and without notice. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
Proprietary Rights. This Site contains intellectual property owned by Susan Tuttle Photography, including copyrights and proprietary information. Susan Tuttle Photography reserves all rights in its intellectual property. You may not copy, reproduce, republish, create derivative works from, sell, download, post, transmit, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written consent of Susan Tuttle Photography.
Lawful Purposes. You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.
Accuracy of Site Offerings. Susan Tuttle Photography endeavors to present the content and products shown on the Site as accurately as possible. We update product and service offerings from time to time. We may experience delays in updating information in our advertising and on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests and Promotions. Any contests or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Links To Other Websites and Embedded Material from Other Websites. Our Site may contain links to third party websites, services that are not owned or managed by us, and embedded material hosted by other websites. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of any of these entities or individuals, or the accuracy of the content of their websites. You acknowledge and agree that Susan Tuttle shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, product, actions, or services available on or through any such third party websites or services. If you decide to access any such linked website, you do so at your own risk. We strongly recommend that you review the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination. Susan Tuttle Photography reserves the right to terminate or suspend your access to the Site immediately, with or without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Governing Law and Venue. These Terms shall be governed and construed in accordance with the laws of Maine, United States, without regard to its conflict of law provisions.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, or arbitrator, the parties to these Terms nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other remaining provisions of these Terms will remain in effect. These Terms constitute the entire Agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes to Terms and Conditions. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
No Warranties and No Consequential Damages. You expressly agree and accept that your use of the Site or inability to use the Site shall be at your sole risk. To the fullest extent permitted by law, Susan Tuttle Photography disclaims all warranties, express or implied, in connection with the website and any use thereof. The materials on Susan Tuttle’s Site are provided “as is.” We make no claims or guarantees about the accuracy or completeness of this Site’s content or the content of any sites linked to this website and assume no liability or responsibility for any errors or inaccuracies of content, personal injury or property damage of any kind resulting from any access to and use of the Site even if the owner or an authorized representative has been notified orally or in writing of the possibility of such damage, any interruption or cessation of data transmission to or from the Site, any bugs, viruses or the like which may be transmitted to or through our website by any third party, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
Susan Tuttle Photography does not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party through this Site or any hyperlinked website. We are not responsible for monitoring any transaction between user and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Statute of Limitations. You agree that, regardless of any state or federal statute, or law, to the contrary, any claims or causes of action arising out of or related to use of the Site, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.
Idemnity. You agree to defend, indemnify and hold harmless Susan Tuttle Photography from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: any use of and access to the Site, any violation of any term of this Agreement, or any violation of any third party right, including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and any use of the Site.
Contact Us. If you have any questions about these Terms, please contact us at info@SusanTuttlePhotography.com.
Last updated: June 7, 2018