By using this Website, you/ the participant (herein referred to as "User" or “You”) agree to the following terms stated herein, which shall take effect immediately.
Terms OF WEBSITE USE
Strouse Photography LLC. (herein referred to as the “Company”) agrees to provide the website, photo gallery service, and e-commerce transaction platform (herein the “Website) to the User. User agrees to abide by all policies and procedures as outlined in this agreement as a condition of using of the Website.
The Company collects sales tax on all orders made on the Website.
Estimated shipping delivery times for our print products are as follows:
USA: [5-10] business days
Canada: [5-7] business days
World: [7-14] business days
Orders will be dispatched within  days of ordering.
Please note that international shipments may incur customs fees. Each country’s fee is based on a variety of factors like weight, value, and size. The User is responsible for all customs fees.
If an order does not arrive within the projected timeframe, please contact us at firstname.lastname@example.org. Please note the order number in the email.
Damaged items: If your item arrives damaged, please send a photograph to email@example.com and note your order number. We will work with our print provider to send a replacement
Refunds: Because all prints and products are custom created, we do not offer refunds. Please confirm all orders are correct before placing the order.
Company assumes no responsibility for errors or omissions that may appear in any Website materials.
THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. Any testimonials or endorsements by our customers or audience represented on our Websites, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated, and the results experienced by individuals may vary significantly based on factors such as weather, location, and time of day.
Furthermore, the Company does not represent and warrant that the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the service or associated downloads are free from viruses or harmful components.
The Company’s Website, all images, and all products available therein are copyright to the Company alone unless otherwise specified. The original materials that have been provided under a single-user license for User’s individual use only. User is not authorized to use any of Company’s intellectual property for the User’s business purposes or other purposes outside of the license granted to the User. All intellectual property, including the Company’s photographs, copyrighted Website, and/or Website materials, shall remain the sole property of the Company. User may not license, or otherwise distribute the content provided in the Website.
By accessing this Website, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to the Company. Any information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company. The User shall not disclose such information to any other person or use it in any manner other than in discussion with the Company or throughout the Website.
Furthermore, by using any other interactive area of the Website and placing any information in any of those areas, the User grants to the Company a perpetual, irrevocable, royalty-free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from participation in the Website. User shall indemnify and hold harmless the Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, and the Consultant, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Websites, excluding any such expenses and liabilities which may result from willful misconduct by Company, or any of its directors or employees. User shall hold all of the Company’s shareholders, directors, trustees, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, employees, and successors, and the Consultant personally harmless for any actions or representations of the Company.
User shall defend Company and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – arising out of or resulting from his or her use of the Website(s).
User shall hold Company harmless for damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s information or the User’s use of the Website. from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Website(s).
THIRD PARTY SITES
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company.
Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Henrico, Virginia. All claims against Company must be lodged within 100-days of the date of the i) incident or ii) order. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email.
Concerns or questions should be addressed to:
Strouse Photography, LLC
13661 VILLAGE GATE PLACE
MIDLOTHIAN VA 23114
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in the United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement. The Company may modify the terms of this agreement at any time. All modifications shall be posted on the Company’s website, and current Users shall be notified via email. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, the performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
The Company values others’ intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Caroline J. Fox, Esq., who can be reached as follows:
Caroline J. Fox, Esq.
The Law Office of Caroline J. Fox, PLLC
2920 W Broad Street
Richmond, Virginia 23230