Terms of Service
Terms and Conditions
BY VISITING photocoteries.com
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Lori Patrick, LLC. The term the “Site” refers to
PhotoCoteries. The terms “user,” “you,” and “your” refer to site
visitors, customers, and any other users of the site.
WHAT WE DO
Lori Patrick, LLC is a resource through which you may obtain photography, photography
resources and education especially pertaining to travel on this website.
Portrait photography session fees and deposits, products, mentoring, the blog, digital products, gift certificates, events, travel, refer to the “Service”. Use of PhotoCoteries, including all materials presented herein and all online services provided by PhotoCoteries is subject
to the following Terms and Conditions. These Terms and Conditions apply to
all site visitors, customers, and all other users of the site. By using the
Site or Service, you agree to these Terms and Conditions, without modification, and
acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite
power and authority to enter into these Terms and Conditions. Children under the age of 18
are prohibited from using the Site. Information provided on the Site and in the Service
related to portrait photography, sessions, travel, mentoring and other information are subject to
change. PhotoCoteries makes no representation or warranty that
the information provided, regardless of its source (the “Content”), is accurate, complete,
reliable, current, or error-free, PhotoCoteries disclaims all liability
for any inaccuracy, error, or incompleteness in the Content.PhotoCoteries may use affiliate linking on the blog or travel portal to help support the management of the blog via small commission for services rendered at no cost to you.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal
information. You agree that any registration information you give to PhotoCoteries
will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION We will email you to confirm the placement of your order and with details concerning
product delivery, session or travel. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
If the need to cancel arises for any reason, you will receive a full refund minus a $200 retainer fee if travel is canceled within 45 days of travel date. Otherwise, you will not pay retainer fee.
INSTALLMENT PAYMENT POLICY
Should any automatic monthly payments decline we shall withhold remaining product until payment resumes.
RECORDINGS AND FUTURE USE
We reserve the right to record all live program calls for future use.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
For any travel associated with the Photocoteries.com website you shall hold harmless Lori Patrick, LLC or PhotoCoteries. You agree to travel at your own risk and purchase travel insurance if you want it.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to PhotoCoteries. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to PhotoCoteries remains yours to the extent that you have any legal claims
therein. You agree to hold PhotoCoteries harmless from and against
all claims, liabilities, and expenses arising out of any potential or actual copyright or
trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by PhotoCoteries including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create
derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, PHOTOCOTERIES IS NOT LIABLE FOR DAMAGES IN
CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF
REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III)
THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND
WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF PHOTOCOTEREIS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PHOTOCOTERIES CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM PHOTOCOTERIES, AND IF NO PURCHASE HAS BEEN MADE BY YOU PHOTOCOTERIES CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with PHOTOCOTERIES.
You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of iprovisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and PhotoCoteries
pertaining to the Site and Service and supersedes all prior and
contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by PhotoCoteries
shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by PhotoCoteries.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to email@example.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Monroe County, Pennsylvania. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
If have any questions about this Terms & Conditions notice,
you may contact us via email at firstname.lastname@example.org
or write to Lori Patrick, LLC / 301 Jennis Lane, East Stroudsburg, PA 18301
Lori Patrick, LLC known as ("Lori Houk-Patrick") operates PhotoCoteries and may operate other websites. It is Lori Houk-Patrick's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Lori Houk-Patrick collects non-personally- identifying information of the sort that web browsers and servers typical- ly make available, such as the browser type, language preference, refer- ring site, and the date and time of each visitor request. Lori Houk- Patrick's purpose in collecting non-personally identifying information is to better understand how Lori Houk-Patrick's visitors use its website. From time to time, Lori Houk-Patrick may release non-personally-identi- fying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Lori Houk-Patrick also collects potentially personally-identifying infor- mation like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Photo Communiqué blogs/sites. Lori Houk- Patrick only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Lori Houk-Patrick's websites choose to interact with Lori Houk-Patrick in ways that require Lori Houk-Patrick to gather per- sonally-identifying information. The amount and type of information that Lori Houk-Patrick gathers depends on the nature of the interaction. For example, we ask visitors who sign up at
PhotoCoteries to provide a username and email address. Those who en-
gage in transactions with Lori Houk-Patrick are asked to provide addi- tional information, including as necessary the personal and financial in- formation required to process those transactions. In each case, Lori Houk-Patrick collects such information only insofar as is necessary or ap- propriate to fulfill the purpose of the visitor's interaction with Lori Houk- Patrick. Lori Houk-Patrick does not disclose personally-identifying infor- mation other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Lori Houk-Patrick may collect statistics about the behavior of visitors to its websites. Lori Houk-Patrick may display this information publicly or provide it to others. However, Lori Houk-Patrick does not disclose per- sonally-identifying information other than as described below.
Protection of Certain Personally-Identifying Infor- mation
Lori Houk-Patrick discloses potentially personally-identifying and per- sonally-identifying information only to those of its employees, contrac- tors and affiliated organizations that (i) need to know that information in order to process it on Lori Houk-Patrick's behalf or to provide services available at Lori Houk-Patrick's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Lori Houk-Patrick's websites, you consent to the transfer of such information to them. Lori Houk-Patrick will not rent or sell potentially personally- identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Lori Houk-Patrick discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Lori Houk-Patrick believes in good faith that disclosure is reasonably necessary to protect the prop- erty or rights of Lori Houk-Patrick, third parties or the public at large. If you are a registered user of an Lori Houk-Patrick website and have sup- plied your email address, Lori Houk-Patrick may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Lori Houk-Patrick and our prod- ucts. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Lori Houk-Patrick takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of poten- tially personally-identifying and personally-identifying information.
If Lori Houk-Patrick, or substantially all of its assets, were acquired, or in the unlikely event that Lori Houk-Patrick goes out of business or enters bankruptcy, user information would be one of the assets that is trans- ferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Lori Houk-Patrick may continue to use your personal information as set forth in this policy.
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Lori Patrick, LLC
70 Spruce St.
Paterson, NJ 07501
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