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Terms of Service & Conditions of Use

Overview

This website is managed by Nichole Lively Photography. The terms "I," "me," “we,” “us,” and “our” used throughout the site represent Nichole Lively Photography. Nichole Lively Photography presents this website, including all information, tools and services available on this site to you, the user, stipulated upon your acceptance of all terms, conditions, notices, and policies stated within these terms of service.

Please read these Terms of Service carefully before using our website. By accessing any part of this site, you agree to be bound by these Terms of Service. You may not access the website or use any services if you do not agree to all the terms and conditions of this agreement. Acceptance is expressly limited to these Terms of Service.

By visiting our site and/or purchasing 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, conditions, and policies referenced herein. These Terms of Service apply to all users of the website, including but not limited to, customers, browsers, merchants, vendors, and/or contributors of content.

Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website.

Content

The images and textual content found on this website are the property of and held under the copyright of Nichole Lively of Nichole Lively Photography. They are protected under the U.S. Copyright Law. The images and textual content on this site may not be downloaded or reproduced in any way or used for any personal, commercial, or editorial purpose without the prior written permission from Nichole Lively. Works based on content from this website is prohibited.

General Conditions

The headings used in these Terms of Service are included only for convenience and will not limit or otherwise affect these Terms.

You agree not to distribute, reproduce, modify, sell, resell or misuse any portion of the service, use of the service, or access to the service, without express written permission by us.

You understand that your information, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks, and/or changes to conform to technical requirements of connecting networks or devices. Debit/credit card information is always encrypted during transmission over networks.

We reserve the right to refuse service to anyone for any reason at any time.

Accuracy, Completeness, and Timeliness of Information

The information provided on this site is for general purposes only and should not be used as the sole basis for making decisions without contacting Nichole Lively Photography for accurate information. Any dependence on the information on this site is at your own risk.

We reserve the right to modify the contents of this site at any time. We also have no requirement to update any information on our site. You agree that it is your responsibility to monitor any changes made to our site.

Personal Information

Your submission of any personal information through the website is regulated by our Privacy Policy.

Products or Services

We have made every effort to display as correctly as possible the colors and images of our products that appear at the store. We cannot promise that your computer monitor's display of any color will be accurate.

At our sole discretion, all descriptions of products and/or product pricing are subject to change at any time without notice. Products may be discontinued at any time. Offers for any product or service made on this site is void where prohibited. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to limit the sale of our products or services to any person, jurisdiction, or geographic region, but are not obligated to do so. If an order appears to be placed by dealers, resellers or distributors we reserve the right to limit or prohibit the current and any future orders. This may be executed on a case-by-case basis. We do not certify that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the site will be corrected. Prices for our products and services are subject to change without notice.

Accuracy of Billing and Account Information

If there is a need to make a change to, or cancel an order, we will attempt to notify you via the telephone number, e-mail, and/or billing address provided at the time the order was made. You agree to provide current, complete and accurate billing and account information for all purchases made through Nichole Lively Photography. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Optional Tools

Our site may include access to third-party widgets that we do not monitor nor have any control or input. We provide access to these widgets “as is” without any warranties, representations, or conditions of any kind. This provision does not mean any endorsement. We shall have no liability whatsoever arising from, or relating to, your use of optional third-party widgets.

Any use by you of optional widgets presented through the site is entirely at your own risk and discretion. Please assure that you are familiar with, and approve of the terms on which these option tools are provided.

In the future, it is possible for us to offer new services and/or features through the website. These new features and/or services will also be subject to these Terms of Service.

Third-Party Links

Certain content, and services available on our site may include data from third-parties. Third-party links on this site will lead you to third-party websites that are not affiliated with us. We are not responsible for analyzing or assessing the content or accuracy. We do not warrant and will not be held responsible or liable for any third-party websites, materials, products, or services. Carefully review all third-party policies, and make sure you understand them before you partake in any transaction. Questions, concerns, complaints, or claims regarding third-party products and services should be addressed with the third-party.

Errors, Inaccuracies, and Omissions

There may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to promotions, offers, product descriptions, pricing, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, modify or cancel orders if any information on the site or on any related website is inaccurate at any time without prior notice, to include after you have submitted your order.

We are under no obligation to amend, update, or clarify information on the site or on any related website, including, but without limitation to, pricing information, except as required by law. There will be no specified update or refresh date applied to the site or on any related website. Any update to the site does not imply that all information on the site or on any related website has been modified or updated.

Prohibited Uses

In addition to other exclusions outlined in these Terms of Service, the following actions are prohibited from using the site or its content:

for any unlawful purpose
to solicit others to perform or participate in any unlawful acts
to violate any state, provincial, federal, or international, rules, regulations, rules, local ordinances, or laws
to impinge upon or violate our intellectual property rights or the intellectual property rights of others
to harass, insult, harm, abuse, disparage, intimidate, defame, slander, or discriminate based on age, gender, religion, ethnicity, race, national origin, sexual orientation, or disability
for any obscene or immoral purpose
to upload or transmit any type of malicious code or viruses that may or will be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet
to submit false or misleading information
to collect or track the personal information of others
to spam, phish, pharm, pretext, crawl, spider, or scrape
to interfere with or bypass the security features of the site or any related website, other websites, or the Internet
use this website or the content on this website in a way that could Nichole Lively Photography, its clients, or the subjects portrayed in the images.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our site will be timely, uninterrupted, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the site will be reliable or accurate.

You understand that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without notice to you.

You agree that your use of, or inability to use, the site is at your own risk. The site and all products and services delivered to you through the site are provided “as is” for your use, without any representation, warranties or conditions of any kind, either express or implied.

Nichole Lively Photography, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any claim, injury, loss of any kind, to include, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. 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 will be limited to the maximum extent allowed by law.

Indemnification

You agree to indemnify, defend and hold harmless Nichole Lively Photography and our officers, employees, interns, agents, representatives, consultants, contractors, licensors, service providers, subcontractors, and suppliers, 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, the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any stipulation of these Terms of Service is determined to be unlawful, void or unenforceable, such stipulation will nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be considered to be removed from these Terms of Service, and such determination will not affect the legitimacy and enforceability of any other remaining stipulations.

Termination

These Terms of Service are effective 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 no longer use our site.

The obligations and liabilities of all parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you neglect, or we suspect that you have neglected, to adhere to any term or stipulation 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. We may also deny you access to our Services, or any part thereof.

Entire Agreement

The failure of us to implement or enforce any right or stipulation of these Terms of Service does not constitute a waiver of such right or stipulation.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the site constitutes the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or concurrent agreements, communications, and proposals, whether oral or written, between you and us. This is including, but not limited to, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be held against the drafting party.

Governing Law

These Terms of Service and any separate agreements where we provide you services will be governed by and construed in accordance with the laws of El Paso County, Colorado.

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 or all parts 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 following the posting of any changes to these Terms of Service signifies acceptance of those changes.

Contact Information

Updated

This document was last updated on May 4, 2024.