TERMS OF USE
IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS SITE!
Please read these Terms of Use (“Terms”) carefully. The following is a legal
agreement between you (“user”) and M. Hajler Photography (defined
below), which governs your use of Products (defined below) obtained by
purchase through this website at www.mhajler.com or any related
domains or subdomains (the “Site”). In these Terms, use of the words “you”,
and “your” refer to each individual user who may interact with this site, and
“we”, “us” and “our” refer to M. Hajler Photography.
“Products” referred to by these Terms include but are not limited to: contract
forms, templates, communications, workshops, and any other documents
provided for paid purchase or for which you supply personal information in
exchange, including free downloaded material or other information available
through the Site, obtained from M. Hajler Photography. All such Products are the intellectual property of and are owned by M. Hajler Photography
By purchasing any Product, you agree to be bound by these Terms, without any
other conditions or declarations. If at any time you do not agree with these
Terms or find them otherwise unacceptable, please discontinue use of
M. Hajler Photography Products immediately.
Understand that by using the Site, any Products, services or applications for
which you tender payment or otherwise obtain through the Site, you warrant that
you are at least 18 years of age and are otherwise legally able to enter into a
valid contract.
WHAT WE DO
M. Hajler Photography is a resource through which you may obtain
portrait photography services.
PRIVACY POLICY
M. Hajler Photography permits you to control management of your
personal information and invites you to read the complete statement of its
current Privacy Policy available here: https://www.mhajler.com/privacy-policy which is incorporated herein by reference.
M. Hajler Photography will only collect and otherwise access
information you voluntarily provide via email or through other direct contact
initiated by you. M. Hajler Photography will not sell or otherwise
distribute this information to any other individual or entity, except its duly
authorized agents, contractors, and other third parties that assist it in its
business operations. M. Hajler Photography is the sole manager of
such information collected on the Site. M. Hajler Photography will use
such information to respond to you as necessary. You grant M. Hajler Photography a worldwide, royalty-free, nonexclusive license to use, distribute,
reproduce, modify, publish and translate this personal information solely as
necessary to fulfill your request(s) or to enable your use of a particular Product
or service, such as for shipping of Products.
AFFILIATE LINKS
Links on the Site may be affiliate links controlled by parties other than M. Hajler Photography to help support the maintenance of the Site. M. Hajler Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release M. Hajler Photography from any loss or damage incurred from dealing with such affiliate Sites.
STOCK PHOTOGRAPHY
Stock photography may be used on the Site – all images are being used under
license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
M. Hajler Photography owns all intellectual property rights in (a) all
text, logo, images, headers, trademarks, service marks, design elements, and all
other protected elements on the Site (except those licensed from others); (b)
any Products and portions thereof; (c) all things otherwise provided to you as
a part of M. Hajler Photography’s services, and; (d) any other
intellectual property rights afforded to M. Hajler Photography, either
through state or federal registration or as otherwise available at common law
(“Intellectual Property”). Except as stated below, M. Hajler Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon M. Hajler Photography Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. M. Hajler Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
CONTACT
By using the Site and entering personal information, you give M. Hajler Photography permission to contact you via email, telephone, and by any other
method for which you include contact information to provide you with
information regarding specials, new Products and services or changes to the
terms of the privacy policy. Should you prefer not to be contacted by e-mail,
please let M. Hajler Photography know by emailing us at studio@mhajler.com and we will kindly refrain from doing so.
RETURN/REFUND POLICY
You acknowledge that all Products and materials are non-refundable and not
returnable, under any circumstances. All sales are final.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. M. HAJLER PHOTOGRAPHY OFFERS
NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR
TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR
LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR
OWN DISCRETION AND AT YOUR OWN RISK. M. HAJLER PHOTOGRAPHY
MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE
ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, M. HAJLER PHTOGRAPHY SHALL
NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY
GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR
LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR
PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF
LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE
EXTENT THERE IS LIABILITY FOUND AS TO M. HAJLER PHOTOGRAPHY,
SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS,
PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all
respects by, the laws of the state of Washington. Any dispute between the
parties concerning this Agreement shall be subject to the exclusive jurisdiction
of the state and/or federal courts for the city of Puyallup, WA. M. Hajler Photography reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of M. Hajler Photography Products, materials and services. Any questions regarding the above Terms may be directed to: studio@mhajler.com.
©2023 by M.Hajler Photography. All Rights Reserved.