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Terms of Use
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY
BEFORE ACCEPTING ITS TERMS.
1. Parties
The parties to this Agreement are you, a visitor to this web site ("You"),
and the owner and operator of this web site: LORRAINE PATRICIA PHOTOGRAPHY.
All references to "us", "this web site" or "this site" shall be construed
to mean LORRAINE PATRICIA PHOTOGRAPHY. If the user is not an individual,
then "You" means Your company, its officers, members, agents, successors
and assigns.
2. Assent To Terms of Use And Amendment
LORRAINE PATRICIA PHOTOGRAPHY grants a non-exclusive, non-transferable,
and revocable license to You and provides the services available at this
site to You subject to the following terms and conditions. THESE TERMS
AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO
YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS
AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN
THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR
USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH
LORRAINE PATRICIA PHOTOGRAPHY ARE SUBJECT TO ALL GUIDELINES OR RULES THAT
MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY
REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF
THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement
This Terms of Use Agreement will be expressly incorporated by reference
in each and every agreement between You and LORRAINE PATRICIA PHOTOGRAPHY,
and except for any separate agreement for service, this terms of use agreement,
with respect to the subjects addressed herein, constitutes the entire agreement
between the parties with respect to those subjects. Except for any separate
agreement for service, You acknowledge that neither LORRAINE PATRICIA PHOTOGRAPHY
nor anyone on LORRAINE PATRICIA PHOTOGRAPHY's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You relating to the
subjects addressed by this terms of use agreement that are not embodied herein.
4. Prohibited Conduct
You agree (i) not to use this site to distribute in any way files that contain
viruses, corrupted files, or any other similar software or programs that may damage
the operation of another's computer; (ii) not to interfere or disrupt this site or
any networks connected to this site; (iii) not to use any device, software or routine
or attempt to interfere with the proper functioning of this site or any transactions
being offered at this site; (iv) not to take any action that imposes an unreasonable
or disproportionately large load on LORRAINE PATRICIA PHOTOGRAPHY's infrastructure;
(v) not to use this site to collect or harvest personal information, including,
without limitation, financial information, about other participants at this site;
and (vi) not to impersonate any person or entity or falsely state or otherwise
misrepresent Your affiliation with a person or entity. You agree not to use the
services or products available at this site for illegal purposes, and to comply with
all regulations, policies and procedures of networks connected to this site.
5. Compliance with Laws
You shall comply with all applicable laws and regulations of the United States
and foreign authorities (including but not limited to credit card transactions) relating
to any service or product associated with this site.
6. Registration Data And Privacy
Registration may be required for you to access information on this site, or for your
participation in certain services offered at this site. You must provide certain current,
complete, and accurate information about You as prompted to do so by the registration form
("Registration Data"), and maintain and update such registration information as required
to keep such information current, complete and accurate. You warrant that your Registration
Data is accurate and current, and that You are authorized to provide such Registration Data.
You authorize us to verify your Registration Data at any time. If any Registration Data
that You provide is untrue, inaccurate, not current or incomplete, LORRAINE PATRICIA
PHOTOGRAPHY retains the right, in its sole discretion, to suspend or terminate rights to use
the services. Registration Data and certain other information about You is subject to our
Privacy Policy which may be accessed from the lorrainepatricia.com home page. Solely to
enable LORRAINE PATRICIA PHOTOGRAPHY to use information You supply us internally, so that
we are not violating any rights You might have in that information, You grant to LORRAINE
PATRICIA PHOTOGRAPHY a nonexclusive license to (i) convert such information into digital
format such that it can be read, utilized and displayed by LORRAINE PATRICIA PHOTOGRAPHY's
computers or any other technology currently in existence or hereafter developed capable of
utilizing digital information, and (ii) combine the information with other content provided
by LORRAINE PATRICIA PHOTOGRAPHY, in each case by any method or means or in any medium whether
now known or hereafter devised.
7. Registration By Children Under The Age of 13 Is Not Permitted
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER THE AGE OF 13
ATTEMPTS TO REGISTER WITH LORRAINE PATRICIA PHOTOGRAPHY, WE SHALL NOTIFY THE USER THAT HE OR SHE
IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
8. Copyrights
The copyright in all material provided on this site is owned by LORRAINE
PATRICIA PHOTOGRAPHY. You acknowledge and agree that this site contains
proprietary information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that information presented
to You through this site, including text, graphics, logos, icons, images and
software, and the arrangement and compilation of such content, are the
property of LORRAINE PATRICIA PHOTOGRAPHY or its content suppliers and is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. LORRAINE PATRICIA PHOTOGRAPHY does not grant
any license or authorization to any user of its copyrightable material or
other intellectual property, by placing them on this site. Furthermore,
except as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written
permission of LORRAINE PATRICIA PHOTOGRAPHY or the copyright owner. However,
You may print a copy of the information on this site for Your personal,
non-commercial internal use or records. In so doing, You may not modify
the materials and You agree to retain all copyright and other proprietary
notices contained in the materials. This permission does not give You any
ownership rights in the information and terminates automatically if You
breach any of these terms or conditions. If You make any other use of this
site, except as otherwise provided herein, You may violate copyright and other
laws of the United States, other countries, as well as applicable state laws
and may be subject to penalties.
9. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed
on this site are registered and unregistered Trademarks of LORRAINE
PATRICIA PHOTOGRAPHY and others. Nothing on this site should be construed
as granting, by implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on the site, without the written permission
of the Trademark owner. LORRAINE PATRICIA PHOTOGRAPHY aggressively enforces
its intellectual property rights to the fullest extent of the law. The
service mark(s), LORRAINE PATRICIA PHOTOGRAPHY may not be used in any way,
including in advertising or publicity pertaining to distribution of materials
on this site, without prior, written permission. LORRAINE PATRICIA PHOTOGRAPHY
prohibits use of any of the forgoing names or marks as a metatag or as a
"hot" link to any site unless establishment of such a link is approved in
advance by LORRAINE PATRICIA PHOTOGRAPHY in writing. If You have any
questions regarding any trademarks on the site, please contact LORRAINE
PATRICIA PHOTOGRAPHY.
10. Links
This site may provide links to other Internet sites. LORRAINE PATRICIA
PHOTOGRAPHY is not responsible for the availability of such other
sites and does not endorse and is not responsible or liable for any
content, products or other materials available on such other sites.
Links to external web sites do not constitute an endorsement by
LORRAINE PATRICIA PHOTOGRAPHY of those sites or the sponsors of such
sites or the content, products, advertising or other materials
presented on such sites. Further, LORRAINE PATRICIA PHOTOGRAPHY
reserves the right to terminate any link or linking program at any
time. LORRAINE PATRICIA PHOTOGRAPHY does not author, edit, or monitor
these unofficial pages or links. You further acknowledge and agree
that LORRAINE PATRICIA PHOTOGRAPHY 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 information, goods or services available on or through any
such site. If You decide to access any of the third party sites
linked to this site, You do this entirely at Your own risk.
11. Participation In Promotions Of Advertisers
You may enter into correspondence with or participate in promotions
of advertisers promoting their products or services on this site
("Advertisers"). You acknowledge and agree that any such
correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence
or promotions, are solely between You and Advertiser. LORRAINE
PATRICIA PHOTOGRAPHY shall have no liability, obligation or
responsibility whatsoever arising out of or in connection with
any such correspondence or participation or transactions.
12. Monitoring
You acknowledge that LORRAINE PATRICIA PHOTOGRAPHY or its
designees reserves the right to, and may from time to time,
monitor any and all activity or information transmitted or
received through this site. LORRAINE PATRICIA PHOTOGRAPHY,
in its sole discretion and without further notice to You,
may (but is not obligated to) review, censor or prohibit
any activity or the transmission or receipt of any
Information which LORRAINE PATRICIA PHOTOGRAPHY deems
inappropriate (such as that specified in above) or that
violates any term or condition of this agreement. During
monitoring, information may be examined, recorded, copied,
and used for authorized purposes. Use of this site,
authorized or unauthorized, constitutes consent to such
monitoring. Unauthorized uses and unauthorized users of
this site will be prosecuted to the full extent of the law.
13. NO WARRANTIES
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN AN AGREEMENT FOR
SERVICE, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE,
ARE PROVIDED ON AN "AS IS" BASIS FROM LORRAINE PATRICIA
PHOTOGRAPHY AND ITS PRODUCT PROVIDERS, LORRAINE PATRICIA
PHOTOGRAPHY AND ITS AFFILIATES AND PRODUCT PROVIDERS MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER
THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE
TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION,
CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH
OF LORRAINE PATRICIA PHOTOGRAPHY'S AND LORRAINE PATRICIA
PHOTOGRAPHY'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU
ACKNOWLEDGE THAT THIS INTERNET SITE IS NOT ENGAGED IN
PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE,
AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL
COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY
CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS.
NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED
THROUGH YOUR USE OF THIS SITE, THE LORRAINE PATRICIA
PHOTOGRAPHY INTERNET SERVICE, OR THE CONTENT. YOU ASSUME
THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE
AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF
LORRAINE PATRICIA PHOTOGRAPHY'S NOR LORRAINE PATRICIA
PHOTOGRAPHY'S AFFILIATES OR PRODUCT PROVIDERS MAKES ANY
WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS
SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS
COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM LORRAINE PATRICIA PHOTOGRAPHY
OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
14. LIMITED LIABILITY
LORRAINE PATRICIA PHOTOGRAPHY AND ALL OF LORRAINE
PATRICIA PHOTOGRAPHY's AFFILIATES AND PRODUCT PROVIDERS
AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT
BE LIABLE FOR ANY LOSS OF USE OR OF DATA, INTERRUPTION OF
BUSINESS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS
AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY
KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT
BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY
LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS
AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE
OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES
PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED
WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME
ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE
LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO LORRAINE
PATRICIA PHOTOGRAPHY, IF ANY, FOR THE DEPOSIT OF SERVICE
OR PRODUCT AT ISSUE.
15. Indemnity
You shall indemnify, defend, and hold harmless LORRAINE
PATRICIA PHOTOGRAPHY and its product providers and their
respective shareholders, affiliates, employees, agents,
successors, officers, and assigns, from any suits, losses,
claims, demands, liabilities, costs and expenses (including
attorney and accounting fees) that they may sustain or
incur arising from (i) Your use of the services available
on this site, (ii) Your failure to comply with any applicable
laws and regulations regarding services or good purchased
or used on this site, (iii) Your use of the content available
on this site in any way contrary to this agreement (d) Your
breach of any of Your representations, warranties or
obligations set forth in this agreement, (iv) the purchase,
transportation, delivery, use or disposal of any LORRAINE
PATRICIA PHOTOGRAPHY service or product, associated with
this site or available through other sites, or any loss
suffered by or harm to any person or property in any way
relating to of caused in whole or in part by Your use of
this site or any service or product associated with this
site (including, without limitation, any personal injuries
or death of any third person caused in whole or in part
by such products or services, the use, transportation,
delivery, storage, handling or release thereof.
16. Beneficiaries of this Agreement; No Other Agreements
The rights and limitations in this agreement are for the
benefit of LORRAINE PATRICIA PHOTOGRAPHY and each of LORRAINE
PATRICIA PHOTOGRAPHY's product providers, each of which shall
have the right to enforce its rights hereunder directly
and on its own behalf.
17. Termination
You agree that LORRAINE PATRICIA PHOTOGRAPHY may, at its
sole discretion, deny You access to the site and disable any
user name and password associated with You for any reason,
including, without limitation, if LORRAINE PATRICIA PHOTOGRAPHY
believes that You have violated or acted inconsistently with
the letter or spirit of this agreement. LORRAINE PATRICIA
PHOTOGRAPHY reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
services offered under this site (or any part thereof) with or
without notice. You agree that LORRAINE PATRICIA PHOTOGRAPHY
shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the services
offered under this site.
18. Consumer Rights
LORRAINE PATRICIA PHOTOGRAPHY maintains specific contact
information including an e-mail address for notifications of
complaints and for inquiries regarding pricing policies. All
correspondence should be addressed to LORRAINE PATRICIA
PHOTOGRAPHY's agent for notice at the following address:
LORRAINE PATRICIA PHOTOGRAPHY
Attn: Notification of Consumer Rights Complaint or Pricing Inquiry
159 E. Main St
Rockaway, NJ 07866
E-mail: lp@lorrainepatricia.com
Telephone: (973) 664-1566
Facsimile: (973) 664-1866
You may contact LORRAINE PATRICIA PHOTOGRAPHY with complaints
and inquiries regarding pricing and LORRAINE PATRICIA PHOTOGRAPHY
will investigate those matters and respond to the inquiries.
19. Controlling Law
This Agreement shall be construed under the laws of the State
of New Jersey, USA, excluding rules regarding conflicts of law.
The application the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
20. Jurisdiction And Venue
You and LORRAINE PATRICIA PHOTOGRAPHY agree to submit to the
exclusive personal jurisdiction of the courts of Morris County in the State of New Jersey, USA in all legal proceedings
arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN
YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT
THIS SITE.
Last Update: July 14, 2005
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