TERMS OF USE
​The following Terms of Use are entered into by and between you (“you,” “your,” “user”) and Erica Joy Photography, LLC (“Company”, “we”, “us,” “our”). There are no other parties to this agreement.
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The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.ericajoyphotography.com, including any content, functionality, resources, products, and services (collectively the “services”) offered on or through www.ericajoyphotography.com (the “Website”), whether as a guest or a registered user.
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Please read the Terms of Use carefully before you start to use the Website. By using the Website, you agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Privacy Policy, and Disclaimer Policy incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
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This Website is offered and available to users who are 18 years of age or older and does not seek any information from any person under the age of 18. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
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The Website and services offered are controlled, operated, and administered from within the United States. The services are not directed to persons who have access to the Website and services via the Internet from locations outside the United States. The Company does not represent that any of the content on the Website or services offered herein is appropriate for use or permitted by local laws in all jurisdictions. Use of the Website and services is not permitted where prohibited by law. By accessing our Website or services, you represent and warrant that use of the Website and services is lawful and not prohibited by law. You acknowledge and warrant that you are not located in a region that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region. You further acknowledge and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. If you are prohibited from accessing websites, such as our Website and services, from your location, you should not access the Website and services, and Company takes no responsibility for such prohibited access. 
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE A CLAIM BROUGHT AGAINST THE COMPANY RATHER THAN A JURY TRIAL OR CLASS ACTION LAWSUIT. THE ARBITRATION PROVISION APPLIES TO ALL OF YOUR INTERACTIONS WITH ERICA JOY PHOTOGRAPHY. PLEASE REVIEW THE ARBITRATION AGREEMENT SECTION FOR DETAILS.
Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time in our sole discretion. We will post notice of such changes by posting an “updated” date of these Terms of Use. All changes are effective immediately when we post them and apply to your access to, and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We shall not be liable to you or any third party for exercising our right to modify these Terms of Use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Corrections
We retain the right to modify our services, correct any errors, inaccuracies, or omissions made on the Website at any time and without prior notice.
Term
The term of this agreement begins when you access our Website or sign up to use our services and will continue for as long as you access or use our Website or services.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please click the link at the end of the Website page to review our Privacy Policy which also governs the Website and informs users of our data collection practices and precautions designed to protect your information including personal information. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Company’s Disclaimer. Please click the link at the end of the Website page to review our Disclaimer which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Accessing The Website And Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
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To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You understand and agree that all information you provide to register with this Website or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree and warrant that all information you provide to us is correct, current, and complete and that you are 18 or older. You further agree and warrant to maintain the accuracy of your information consistent with the requirements of these Terms of Use.
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If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. If you suspect your password, user name, or account has been compromised, you agree to promptly change the user name and password and agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to properly exit or log off from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that you are ultimately responsible for maintaining the confidentiality of your account and password. Notwithstanding any notification you provide to us, you agree to take responsibility for all actions taken under your account or password by you and third parties including any abuse or unauthorized use.
Termination and Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including but not limited to, our belief that the security of your account has been compromised or if, in our opinion, you have violated any provision of these Terms of Use.
Limited Use
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website including the services and the resources available for download from the Website strictly in accordance with these Terms of Use. You acknowledge and agree that we retain all rights relating to the Website and our services not expressly granted herein.
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You will not or permit anyone else to:
*access the Website and/or services if under the age of 18 years;
*share user login information with other users or entities;
*reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Website or services;
*copy, reproduce, modify, translate, or create derivative works based on the Website or services;
*rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Website or services;
*use or launch any automated system, including without limitation robots, spiders, or offline readers, to access the Website or services or any information therein;
*use the Website or services to transmit any malware, Trojan horses, worms or viruses or any other destructive or malicious code;
*access another user’s account, circumvent standard access to our Website or services, or attempt to gain unauthorized access to our Website or services;
*use the Website or services for the benefit of a competitor or intentionally harm or discredit us or our services; or,
*take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure.
Prohibited Use
You may not use our Website or services for any unlawful, fraudulent, unauthorized, or malicious purposes. In connection with your use of our Website or services you acknowledge and agree that the following is expressly prohibited:
*accessing our Website if you are under 18 years of age;
*entering data that violates the legal rights of others;
*entering data that is explicit, defamatory, obscene, racially, or ethnically offensive;
*sending altered or deceptive information or misrepresenting yourself, including “spoofing” or “phishing”;
*infringing the intellectual property right of others;
*violating any applicable law or regulation (including without limitation laws related to torts, contracts, export controls, patents, trademarks, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage others to do so;
*violating any terms and conditions of this agreement.
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If you engage in any prohibited activity under this agreement, we may in our sole discretion, in addition to any rights of law or equity, suspend or terminate your use of the Website or services without notice or liability and remove all or part of your data from the Website or services.
Intellectual Property Ownership
You acknowledge that the Company, its licensors, and content and service providers own all rights, title, and interest including without limitation all Intellectual Property Rights (as set forth below), regarding the use of our Website and/or services. “Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or through the use of our Website and/or services.
*Copyright: You agree that our Website as well as all content included in our Website, such as text, graphics, logos, button icons, images, photographs, illustrations, audio clips, video clips, digital downloads, and data compilations, contain proprietary information, and material that is the property of Erica Joy Photography or our content suppliers and are protected by national and international copyright laws. The compilation of all content on the Website is the exclusive property of Erica Joy Photography with copyright authorship for this collection by Erica Joy Photography and is protected by U.S. and international copyright laws.
*Trademark: The Company’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, among customers, or in any manner that disparages or discredits our company or services. You may not use our name or logo, or other proprietary graphic or trademark without express written permission.
All other trademarks not owned by the Company or our subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our subsidiaries.
Nothing contained in our services and/or Website should be construed as granting you any license or right to use any trademark without prior written permission from us.
*Patents, trade secrets and other proprietary business information: The manner in which our services and/or Website works, any related patents, trade secrets or other proprietary business information are the intellectual property of Erica Joy Photography. Nothing contained in the services and/or Website should be construed as granting you any license or right to use any patents, trade secrets, or other proprietary business information without the prior written permission of Erica Joy Photography.
All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislation and treaties.
Your purchase of a product through the Website including but not limited to, a photograph, photography session, workshop, or art course, does not grant you, as purchaser, any copyright interest or other intellectual property right in the product. You acknowledge and agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
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The Company content is not for resale. Your use of the Website, services, or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner.
Use of Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
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By ordering or participating in the Courses, you agree that the Courses you purchase, or download may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
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By ordering or participating in the Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Use of Free Downloadable Content
The Company provides various free resources such as our newsletter, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our downloadable resources provided in exchange for an email address (“Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
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By downloading the Freemium Content, you acknowledge and agree that the Freemium Content you download may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company. Your further acknowledge and agree that you shall not create any derivative work based upon the Freemium Content or offer any competing products or services based upon any information contained in the Freemium Content.
For Educational and Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website, the services, the Premium Content, as well as other resources available for download through this Website are for educational and informational purposes only. ​ The information contained on this Website, the services, Freemium Content, and other resources available for download through this Website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
The Company provides all information connected to its Website solely for reference purposes only. No information contained on the Website, the services, the Freemium Content, or other resources available for download through the Website or otherwise provided by Company shall be construed as a recommendation or endorsement of any type of action undertaken by you including your action or non-action in reliance upon said information.
No Guarantee and Personal Liability
As set forth more fully in the Disclaimer, although we strive to offer this Website, the services, and information provided herein, including but not limited to the Freemium Content, and the resources available for download to be available, accurate, and provide valuable information, we cannot guarantee the availability, reliability, accuracy, validity, or quality of the Website, services or the information contained herein including, but not limited to, the Freemium Content or the resources available for download.
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By using this Website, you understand and agree that you are solely responsible for your actions and any reliance on the Website, services, or the information provided herein is at your sole discretion and risk. You understand and agree that you are responsible for using your own best judgement and conducting your own due diligence and investigation before interacting with our Website and services or relying on any information provided herein. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ERICA JOY PHOTOGRAPHY, ITS EMPLOYEES, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, ATTORNEYS, OR AGENTS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU, AND YOU AGREE TO NOT HOLD US LIABLE TO YOU, INDIRECTLY OR DIRECTLY FOR ANY DAMAGE OR LOSS INCURRED BY YOU OR ALLEGED TO BE INCURRED BY YOU WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR RELIANCE ON OUR WEBSITE, SERVICES OR ANY INFORMATION INCLUDING FREEMIUM CONTENT OR DOWNLOADABLE RESOURCES PROVIDED BY THE SITE.
External Websites and Links
The inclusion of a link to any other website or outside resources is for your convenience only. We have no control over the content of these outside websites and make no representation or warranty as to the accuracy, quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. External websites are subject to their own separate, specific terms and conditions of use and privacy policies. Your interaction with, or purchase of products through, these outside websites is entirely at your own risk. You acknowledge and agree that we will not be held liable for any returns, losses, damages, or claims arising from your use of these outside websites.
Third Party Providers
Our Website utilizes Wix ® to provide its online e-commerce platform. We may use additional third parties such as Google Pay® to sell, deploy, configure and/or support our website and online shopping services. By using our website and services, you consent to Erica Joy Photography sharing your information as necessary to enable third parties’ activities. Third party providers have their own separate privacy policies and terms of use. By using our website and services, you indicate that you have reviewed the privacy policy and terms of use of our third party service providers and agree to their policies and terms of use.
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You further acknowledge that we do not and cannot control any third party service provider’s technology or actions and are not responsible for any cessation or interruption of the services, compatibility with the services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us, Wix®, Google Pay® or other third party providers as part of the services.
Email Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
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We would be pleased to communicate with you by email, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
Product Orders
The products offered on our site are intended for the personal use of our customers. Products are not intended for commercial sale.
By completing and submitting an electronic order to purchase our photographs or services, you further confirm that you are at least 18 years of age, and that you agree to the terms and conditions that follow.
Your submission confirms your offer to purchase goods or services, which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have authorization of your payment. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
You represent and warrant that you are 18 and have the right to use and the means of payment you provide to us. By providing payment information to us, you authorize us to use the payment information for the purchases you make through our online store. Providing any inaccurate or untruthful information regarding billing or payment will result in the cancellation of your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all the products you selected as well as applicable shipping and tax costs.
We reserve the right to cancel or refuse an order for any reason including limitations on quantities available, inaccuracies in pricing or product information, or problems regarding fraud or inaccurate payment information. If a cancellation occurs after your payment has been processed, We will issue a credit back to you through the payment method used in the amount of the charge.
*Product Shipping and Risk of Loss: All products purchased from us are made pursuant to a shipment contract. Products will be shipped to a street address designated by you; provided the address is in the continental United States and complies with all restrictions contained in the shipping contracts with our carriers (UPS and USPS).
Pursuant to the shipping contract, risk of loss and title for such items pass to you upon our delivery to the carrier. The Company is not responsible for and we will not be liable for issues relating to incorrect or undeliverable addresses, and we do not pay for shipping related to such issues. We are not liable for any financial damage including but not limited to, the cost of any replacement purchase that may occur due to a delay in shipping or other untimely arrival, lack of availability, or nonconformity of the product.
*Product Availability and Pricing: We make every effort to ensure the pricing and availability of the products listed on our Website. However, we cannot guarantee that a product will always be available. Products may have limited quantities. If a product is not available, we will make every effort to update the Website in a timely manner to reflect the unavailability. We retain the right to correct any errors, inaccuracies, or omissions made on the Website at any time and without prior notice including the right to cancel any orders containing pricing or availability errors after the receipt of an order confirmation. We reserve the right, but are not obligated to, limit the sales of our products to any person, region, or jurisdiction.
We reserve the right to discontinue the sale of any product at any time.
*Product Appearance and Description: We make every effort to display the products and attributes of the products on the Website, including the colors in the photographs we are offering, for sale accurately. Because the colors you see depend on your computer monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that product descriptions, product images, or other content of this Website is accurate, complete, reliable, current, or error-free.
No Refunds
All product sales are final, and the Company does not offer any express or money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. The issuance of store credit or a replacement product is subject to our sole discretion. Please contact us to inquire further regarding this policy.
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For event, course, or workshop purchases, cancellations made 24+ hours in advance of the event will be issued a store credit for the full amount paid, toward a make up session, that occurs within 30 days of the original reservation.
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Cancellations made with less than 24 hours notice or failure to show will not have the option to receive a store credit or reschedule. This includes reservations that were made less than 24 hours before the start of the event.
Warranties and Disclaimers
PLEASE CLICK ON THE DISCLAIMER LINK ON OUR WEBSITE TO SEE ADDITIONAL DISCLAIMERS WHICH ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.
We proudly strive to provide a Website that is useful and as accurate as possible. However, we make no representation, warranty, or condition that the Website or services will meet your requirements or that the content of this Website is accurate, complete, reliable, current, or error-free. By using our Website and services, you implicitly acknowledge and agree to the following disclaimers.
If you find the Website or services are not meeting requirements, your sole and exclusive remedy is to stop using our Website and services.
No advice or information, whether oral or written, obtained from your use of the Website or services will create a warranty not expressly made herein.
You acknowledge and agree that all products purchased for shipment are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
No Warranties
OUR WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR WEBSITE/AND OR SERVICES IS AT YOUR SOLE RISK.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WE ASSUME NO RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS OR THE CORRECTION THEREOF, (B) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM YOUR USE OF OUR WEBSITE, SERVICES OR PRODUCTS REFERENCED BY THE SERVICES,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR TO THE SERVICES BY A THIRD PARTY, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. IF YOU FIND OUR WEBSITE/AND OR SERVICES ARE NOT AS DESCRIBED YOUR SOLE REMEDY IS TO CEASE USE.
WE WILL USE BEST EFFORTS TO ENSURE OUR WEBSITE AND SERVICES ARE DELIVERED AS EXPECTED. HOWEVER, WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURE IN DELIVERY OR PERFORMANCE OF ANY PART OF OUR WEBSITE OR SERVICES, FROM ANY CAUSE BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, SUPPLY ISSUES, PANDEMICS, CHANGES TO LAWS OR REGULATIONS, LOSS OF POWER, ACTS OF HACKERS OR THIRD PARTY INTERNET SERVICE PROVIDERS.
WE DO NOT WARRANT THAT OUR WEBSITE, OUR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH YOUR USE OF OUR WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN RISK AND YOU SHALL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY INCLUDING, BUT NOT LIMITED TO YOUR MOBILE PHONE, COMPUTER SYSTEM, OR ANY DEVICE USED TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR ACCESSING SUCH CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE TO NOT HOLD US LIABLE FOR THE CONDUCT OF THIRD PARTIES INCLUDING THE OPERATORS OF EXTERNAL WEBSITES, THIRD PARTY SERVICE PROVIDERS, OR OTHER USERS OF THE WEBSITE OR SERVICES.
Limitation of Liability and Release of Claims
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, THE COMPANY AND/OR ITS SUPPLIERS BE NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED RESOURCES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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You hereby release the Company from liability and all claims, arising now or in the future, that you or any person or entity associated with you may suffer or incur as a result of your use of the Website, services, or the information provided herein including but not limited to Freemium Content and downloadable resources provided through the Website. You agree that the Company is not liable and you shall not seek to hold us liable for any type of damages, including direct, indirect, special, incidental, equitable or consequential; including, without limitation, those related to personal injuries, accidents, misapplication of information, loss of data, loss of profits or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NEW JERSEY consumers only: pursuant to the New Jersey Products Liability Act, the above limitations of liability and waiver of claims may not apply to you, if your use of this Website or Services is solely for PERSONAL use.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Arbitration
Unless otherwise required by law, you hereby expressly, knowingly, voluntarily, and intentionally agree that any dispute, controversy, or claim due to, arising out of, or relating to this agreement or breach thereof, whether based on a claim or counterclaim regardless of the nature of the claim, including claims under tort or contract law, shall be settled only through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You and Company agree to waive any right to a jury trial of such claim. The arbitration shall be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon you and the Company and may be enforced in any court of competent jurisdiction. The arbitration shall take place in Boston, Massachusetts and shall be governed by the laws of the Commonwealth of Massachusetts.
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Notwithstanding the foregoing, the parties shall be free to seek judicial relief including injunctive relief for claims of intellectual property infringement.
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You further agree and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. You and the Company agree that the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees including reasonable attorney’s fees.
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This arbitration provision will survive the termination of this agreement. If this arbitration provision is found to be invalid or unenforceable, then this provision shall be of no force and effect and shall be severed. If the claim should move forward in court rather than arbitration, then you and the Company agree to waive the right to a jury trial for such claim.
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THIS ARBITRATION PROVISION RESTRICTS YOUR ABILITY TO BRING A CLAIM AGAINST US IN REGARD TO YOUR USE OF THE WEBSITE OR SERVICES IN A COURT OF LAW AND PRECLUDES YOUR PARTICIPATION IN A JURY TRIAL OR A CLASS ACTION SUIT.
No Joint Venture or Other Relationship​
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement​
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us
Email Address: erica@ericajoyphotography.com
Effective as of July 18, 2024