terms and conditions

Terms and conditions

Melissa Rich Photography

Website Terms and Conditions

Last Updated 2021

I. Introduction

By using melissarich.com, also referred to as

the “Website” or the “Site”, all visitors, referred to as “User”,

“you” and “your” are bound by these Terms and Conditions. The

terms “we”, “us”, and “our” refer to Melissa Rich Photography. Accessing this Site

constitutes a use of the Site and an acceptance to the Terms

provided herein. To access or use the Site, you must be 18 years

or older and have the requisite power and authority to enter into

these Terms and Conditions.

II. Use of the Site

You may use the Site for lawful purposes only. You shall not post

or transmit through the Site any material which violates or

infringes the rights of others, or which is threatening, abusive,

defamatory, libelous, invasive of privacy or publicity rights,

vulgar, obscene, profane or otherwise objectionable, contains

injurious formulas, recipes, or instructions, which encourages

conduct that would constitute a criminal offense, give rise to civil

liability or otherwise violate any law.

III. Intellectual Property

Unless otherwise stated, copyright of all articles, blogs,

information and materials found on melissarich.com belongs solely to Melissa Rich Photography.

III. Intellectual Property Cont.

You may not reproduce or redistribute the articles, blogs,

information, and materials found on ashleightaylorportrait.com without the express written permission of Melissa Rich. Furthermore,

the Site contains intellectual property owned by Melissa Rich, including,

without limitation, trademarks, copyrights, proprietary

information and other intellectual property as well as the Melissa Rich Photography

name, logo, all designs, text, graphics, other files, and the

selection and arrangement thereof. You may not modify,

publish, transmit, participate in the transfer or sale of, create

derivative works from, distribute, display, reproduce or perform,

or in any way exploit in any format whatsoever any of the Site

content or intellectual property, in whole or in part without our

prior written consent.

IV. Commerce

melissarich.com may offer goods or services

(“product”) for sale on behalf of Melissa Rich Photography. By placing an order through

melissarich.com you are offering to purchase a

product on and subject to these Terms and Conditions. All orders

are subject to availability. Delivery times may vary according to

availability and subject to any delays resulting from postal

delays or force majeure for which Melissa Rich Photography will not be responsible. In

order to contract with Melissa Rich Photography through melissarich.com you must be over 18 years of age and possess either

an account with Paypal or a valid credit or debit card issued by a

bank acceptable to us, Venmo, Stripe + Axia. Melissa Rich Photography and melissarich.com retain the right to refuse any

request made by you. When placing an order you undertake that

all details you provide to us are true and accurate, that you are

an authorized user of the Paypal account, Venom account, or credit or debit card

used to place your order and that there are sufficient funds to

cover the cost of the product(s). All prices advertised are subject

to such changes. Prior to placing any order you will be asked to

accept these terms and conditions. A contract between us will be

formed after you have clicked the appropriate box to indicate

your acceptance of the terms and conditions and tendered your

payment. While we try and ensure that all

details, descriptions and prices which appear on this Site are

accurate, errors may occur. If we discover an error in the price

of any goods which you have ordered we will inform you of this

as soon as possible and give you the option of reconfirming your

order at the correct price or cancelling it. If we are unable to

contact you we will treat the order as cancelled. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED

HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE

AVAILABLE. Delivery costs, if any, will be charged

in addition; such additional charges are clearly displayed where

applicable and included in the ‘Total Cost’. Any additional

charges such as taxes, if any, will also be displayed before you

are asked to submit payment. Upon receiving your order we

carry out a standard authorization check to ensure your

payment method is valid and your payment will be processed.

Once we are certain of your payment being processed your

order will be fulfilled.

V. Limitation of Liability

We will do our best to ensure all facts and statements on this

site and in our materials are true and correct to the best of our

knowledge. We will do our best to ensure all facts and

statements in our work do not infringe upon any copyright or

other right of a third party. However, Melissa Rich Photography can’t be liable to you, or

any third party, for damages, including lost profits, lost savings,

complaints, claims, litigation or other incidental, consequential

or special damages which may arise from your use of ashleightaylorportrait.com or your relationship with Melissa Rich Photography. The foregoing

applies even if Melissa Rich Photography was advised of the possibility of or could have

foreseen the damages. In those jurisdictions that do not allow

the exclusion or limitation of liability for damages, liability is

limited to the fullest possible extent permitted by law.

VI. Third Party Resources

The Site may contain links to third party websites and resources.

You acknowledge and agree that we are not responsible or liable

for the availability, accuracy, content or policies of third party

websites or resources. Links to such websites or resources do

not imply any endorsement by or affiliation with Melissa Rich Photography or melissarich.com. You acknowledge sole responsibility for

and assume all risk arising from your use of any such websites

or resources.

VII. Indemnification

You shall indemnify and hold us harmless from and against any

and all losses, damages, settlements, liabilities, costs, charges,

assessments and expenses, as well as third party claims and

causes of action, including, without limitation, attorneys’ fees,

arising out of any breach by you of any of these Terms and

Conditions, or any use by you of the Site. You shall provide us

with such assistance, without charge, as we may request in

connection with any such defense, including, without limitation,

providing us with such information, documents, records and

reasonable access to you, as we deem necessary. You shall not

settle any third party claim or waive any defense without our

prior written consent.

VIII. Governing Law

These Terms and Conditions shall be construed in accordance

with, and governed by, the laws of Lafayette, Colorado USA as applied to contracts that are executed and

performed entirely in Lafayette, Colorado USA. The exclusive venue for any arbitration

or court proceeding based on or arising out of these Terms and

Conditions shall be Lafayette, Colorado USA. The parties agree to attempt to resolve

any dispute, claim or controversy arising out of or relating to

this Agreement by mediation. The parties further agree that

their respective good faith participation in mediation is a

condition precedent to pursuing any other available legal or

equitable remedy, including litigation, arbitration or other

dispute resolution procedures. If any legal action or any

arbitration or other proceeding is brought for the enforcement of

these Terms and Conditions, or because of an alleged dispute,

breach, default, or misrepresentation in connection with any of

VIII. Governing Law Cont.

the provisions of these Terms and Conditions, the successful or

prevailing party or parties shall be entitled to recover reasonable

attorneys’ fees and other costs incurred in that action or

proceeding, in addition to any other relief to which it or they

may be entitled.

IX. Variation

The owners and operators of melissarich.com

may revise these Terms and Conditions from time to time so

please check back regularly to ensure you are familiar with the

current version.

X. Severability

If any provision of these terms and conditions shall be unlawful,

void, or for any reason unenforceable, then that provision shall

be deemed severable and shall not affect the validity and

enforceability of any remaining provisions.

XI. Entire Agreement

These Terms and Conditions, along with any Disclaimer and

constitutes the entire agreement between you and melissa rich photography pertaining to

the Site and supersedes all prior and contemporaneous

agreements, representations, and understandings between us.

No waiver of any of the provisions of these Terms and Conditions

by Melissa Rich Photography shall be deemed, or shall constitute, a waiver of any other

provision, whether or not similar, nor shall any waiver constitute

a continuing waiver. No waiver shall be binding unless executed

XI. Entire Agreement Cont.

in writing by Melissa Rich Photography. The subject headings of these Terms and

Conditions are included for convenience only and shall not

affect the construction or interpretation of any of its

provisions.