Terms and Conditions of Use

Last Updated: March 12, 2022

Terms and Conditions of Use for Laura Kesler Photography LLC (hereinafter referred to as "Laura Kesler Photography LLC," "we," "us," and "our") and our communication services and processes, payment services and processes, client management services and processes, image and product delivery services and processes, and our website.


Please note that Laura Kesler Photography LLC provides PHOTOGRAPHY services only within the state of Washington.


Notice

These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of this website and the webpages herein, or any of our products.


General Provisions

This website is owned and operated by Laura Kesler Photography LLC, a Washington business, in conjunction with use of Pixieset and other websites for hosting, GoDaddy for domain, and other outsourced third-party websites and services (such as those of (a) payment processors for payment collection and management, (b) print labs for product development/creation/delivery, (c) delivery and mail services for product delivery, (d) customer relations and business organization websites and programs for business organization, and (e) email services for email) for business operations. Our principal place of business is located at Joint Base Lewis McChord, Washington.


You must be at least 18 years of age to use our website. Use of this website is at your own risk. We host our site on reputable platforms and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

 

INTELLECTUAL PROPERTY NOTICE


All images, text, designs, graphics, trademarks, and service marks are owned by and property of Laura Kesler Photography LLC or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may NOT use our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from our site to any third-party website including social media, without first obtaining written permission from Laura Kesler Photography LLC. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we do not allow any third party use outside of these terms.

 

SECURITY, CONFIDENTIALITY, AND ASSUMPTION OF RISK 


SECURITY

If using credentials to log into a client area of this website, it is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Paypal, Square, and Stripe and/or through Laura Kesler Photographer's bank. By utilizing these payment processors to gain access to the offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.


CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 


ASSUMPTION OF RISK

By accessing our offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to You.

 

YOUR COMMUNICATIONS


Any communications made through our ‘contact’, blog, blog comments, newsletter sign up, other related pages, email service, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by United States of America law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this website.


We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

 

DISCLAIMERS


Our website and related materials are provided for educational, informational, and in some cases, image and related document delivery use only. You agree to indemnify and hold harmless our website, business, owner, member/manager, and photographer(s) for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).


While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.


This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at laura@laurakeslerphotography.com.


THIRD PARTY DISCLAIMER

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you. 


WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. 

 

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS


AFFILIATES

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.


TERMINATION

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any users access of our website, and we may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to our site(s).


ENTIRE AGREEMENT

By using our website or making any purchases therefrom, you are giving your consent to our Privacy Policy and Terms and Conditions. In so consenting, the terms of our Privacy Policy, together with these Terms and Conditions, and the information contained herein constitute the entire agreement between site users and Laura Kesler Photography LLC relating to the use of this website.


LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Washington, United States of America.


CONSENT

By using our website, you hereby consent to our Terms and Conditions of Use and Privacy Policy. If you require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact us by email at laura@laurakeslerphotography.com.


ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Laura Kesler Photography LLC.


SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

CONTACT INFORMATION

Phone: (360) 891-7705

Email: laura@laurakeslerphotography.com