Terms & Conditions

The following TERMS AND CONDITIONS are those in effect as of this date, between the owner and operator, Theresa Pelser Photography, LLC (“Theresa Pelser Photography,” the “Company,” or “We,” or “Us”) and the user (“You” or “Your”). The Website owner and operator is under no obligation to inform You of any change to these Terms and Conditions, and by utilizing and/or purchasing any product provided on this Website, You agree to visit this URL regularly for updates to these Terms and Conditions.

These Terms & Conditions, along with our Privacy Policy, govern Your access to, use of and functionality, and services offered on or through https://www.theresapelserphotography.com, https://theresapelserphotography.com/blog, https://clients.theresapelserphotography.com, https://proofs.theresapelserphotography.com, or any other associated domains and/ or subdomains owned by Us now or in the future (the “Website”).

AGREEMENT TO TERMS OF USE

Please read these Terms and Conditions the Privacy Policy carefully before accessing You start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions and Privacy Policy when this option is made available to You, You accept and agree to be bound and abide by the terms. Disclaimer: If You do not want to agree to the Terms & Conditions and Privacy Policy, You must not access or use the Website.

By using and/or purchasing from any of the Websites, You expressly agree to any and all Terms and Conditions set forth herein. As stated above, We reserve the right to modify these Terms and Conditions at any time without notice, and it is Your responsibility to check this page periodically for any such changes. By using the Website(s) subsequent to a change to the Terms and Conditions, You thereby agree to accept and be bound by any such changes to the Terms and Conditions, regardless of whether You have actually read and/or otherwise reviewed said changes. If, at any time, You determine that You are not willing to be bound by these Terms and Conditions, then You shall relinquish any rights that You may have to the use of the Websites and any products purchased therefrom, and agree to no longer utilize the Website(s).

SCOPE OF TERMS OF USE

These Terms and Conditions apply to all websites owned and operated by Theresa Pelser Photography, LLC, which include but are not necessarily limited to the following:

https://www.theresapelserphotography.com
https://theresapelserphotography.com/blog/
https://clients.theresapelserphotography.com/
https://www.proofs.theresapelserphotography.com

On occasion, the Websites will provide links to third party sites (hereinafter referred to as the “Third Party Websites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to Our Website(s), and expressly do not apply to the Third Party Websites.

Theresa Pelser Photography, LLC has no official affiliation with the Third Party Websites, and therefore has no control over the terms and conditions that will apply to the Third Party Websites. It is Your responsibility to review the Third Party Websites for their applicable terms and conditions.

Additionally, Theresa Pelser Photography, LLC does not endorse or take any responsibility for the content or products provided on the Third Party Websites. Therefore, You agree to hold Theresa Pelser Photography, LLC harmless with respect to Your use of the Third Party Websites, despite any link thereto provided on the Websites.

CHILDREN UNDER THE AGE OF 14

Our Website is not intended for children under 14 years of age. No one under age 14 may provide any information to or on the Website. We do not knowingly collect personal information from children under 14. If You are under 14, do not use or provide any information on these Website or on or through any of the features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about Yourself to us, including Your name, address, telephone number, email address, or any screen name or user name You may use.

If We learn We have collected or received personal information from a child under 14 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 14, please contact Us at theresa@theresapelserphotography.com.

CONFIDENTIALITY

By utilizing the content or purchasing the products contained on the Websites, You expressly acknowledge that such information and materials are confidential, and agree not to disclose or share any such information to any third party.

INTELLECTUAL PROPERTY/ SINGLE USE LICENSE

All content contained in and all products sold on the Websites are the intellectual property of Theresa Pelser Photography, LLC, and are protected by the copyright and trademark laws of the United States. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

In the event that You violate any provisions of this section of the Terms and Conditions, You agree that Theresa Pelser Photography, LLC will be entitled to any and all remedies under the law, including but not limited to compensatory, punitive, and/ or treble damages and injunctive relief against You or third parties in relation to such violations.

SCOPE OF USE OF WEBSITE CONTENT

Notwithstanding the above, Theresa Pelser Photography, LLC owns the content contained on the Websites. Accordingly, You may:
Link to the Website.
Extract any portion of a post on the Websites, provided that You cite the appropriate Website and provide a link to that Website.
Print any information from the Websites in any non-commercial publication, provided You cite the source of the information and provided information for accessing the source of the information.
If You wish to utilize the content of the Websites in any other manner, You must first obtain the express written consent of Theresa Pelser Photography, LLC. In order to request such consent, please consent, please contact theresa@theresapelserphotography.com

NO PROFESSIONAL-CLIENT RELATIONSHIP

Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between You and Theresa Pelser Photography, LLC. We do not accept You as a client unless and until We You have signed a written agreement and paid a retainer fee in full, or until all fees are completed and processed. Thus, You recognize and agree that We have not created any professional-client relationship by Your use of this Website.

FOR EDUCATIONAL AND INFORMATIONAL USE ONLY

The information contained on the Website(s) and the resources available for download through the Website(s) are for educational and informational purposes only.

NO GUARANTEES

We make no guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in photography, and otherwise. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

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, AND NON-INFRINGEMENT REGARDING THE OUTCOMES, EFFECTS, OR SUCCESS RATE OF THE PROGRAM, WHETHER VERBALLY OR IN WRITING.

Furthermore, We do not represent and warrant that the Website(s) 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. USE OF THE WEBSITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.

REVIEWS

At various times, We may provide reviews of products, books, software applications, services, or other resources. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, We will provide honest reviews of these products and/or services. You recognize that You should conduct Your own due diligence and should not rely solely upon any reviews provided on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product in compliance with FTC guidelines. If You would like more information about any such discounts and incentives, send an email to theresa@theresapelserphotography.com that includes the title of the reviewed product as the subject line.

TESTIMONIALS

At various places on this Website, You may find testimonials from clients and customers of the products and services offered by us. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website. Even though these testimonials are truthful statements about the results obtained by these clients and/or customers, you specifically recognize and agree that the testimonials are not a guarantee of results that You or anyone else will obtain by using any products or services offered on this Website.

NO ENDORSEMENTS

From time to time, the Company will refer to other products, services, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is Your responsibility to conduct Your own investigation and make Your own determination about any such product, service, and/or expert.

ERRORS, OMISSIONS AND INTERRUPTIONS

This Website is a resource of general information that is intended, but not promised or guaranteed to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but We cannot represent that this Website is free of errors. You agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change, update or remove contents on the Site at any time, without prior notice.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

FORCE MAJEURE

In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, etc.) make it inadvisable, illegal or impossible for to perform the obligations under this Agreement, that Party’s performance shall be extended (but not excused) without liability for the period of delay. Notwithstanding the foregoing, any regularly scheduled payments shall continue to be processed during the period of delay.

SEVERABILITY/WAIVER

If any provision of these Terms and Conditions are deemed to be invalid or otherwise unenforceable, the remaining terms of the Terms and Conditions shall remain in full force and effect. Additionally, the failure of Theresa Pelser Photography, LLC to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.

USER’S PERSONAL RESPONSIBILITY

By using this Website, You accept personal responsibility for the results of Your actions. You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

ASSIGNMENT

You may not assign Your rights to utilize the content or products contained on the Websites without the express written consent of Theresa Pelser Photography, LLC.

INDEMNIFICATION

By utilizing the content or purchasing the products contained on the Websites, You agree, for Yourself, Your spouse (if any), Your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors, and accountants, to indemnify and hold harmless Theresa Pelser Photography, LLC, and their respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors and accountants, and each of them, and anyone chargeable on their behalf, against any and all causes of action, suits, debts, injuries, damages, claims, and demands whatsoever from the e date of this Agreement arising from or relating to Your use of said content and or products from the Websites.

DISPUTE RESOLUTION

If not resolved first via good faith negotiations, every controversy or dispute with Theresa Pelser Photography, LLC relating to the content and/or products on the Websites, Your use of the Website, and/or this Privacy Policy, the Parties agree to first submit the dispute to mediation. The mediator shall be selected by an agreement of the Parties, and costs shall be split equally between the Parties. The mediation shall take place in Erie, Colorado, and occur within ninety (90) days from the date of the initial mediation demand. If the Parties cannot reach a settlement within ninety (90) days from the start of the mediation, the Parties may submit the matter to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced by any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. All claims against Theresa Pelser Photography, LLC must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. Notwithstanding the foregoing, We may bring collection actions with which to collect debts on unpaid accounts, the cost, attorneys fees, and expenses of which the losing party shall bear.

NOTICES

Any notice, demand, or communication required or permitted to be given by any provision of these Terms and Conditions will be deemed to have been given and received (a) when delivered personally to the Party designated to receive such notice, or (b) on the first (1st) business day following delivery to a nationally recognized overnight courier service (such as Federal Express), specifying next day delivery, or (c) on the third (3rd) day after the same is sent by certified mail, postage and charges prepaid. Any notice, demand, or communication directed to Theresa Pelser Photography, LLC, shall be sent to:

Theresa Pelser Photography, LLC
904 Lawson Place, Erie, Colorado, 80516

REFUSAL OF SERVICE

Theresa Pelser Photography, LLC reserves the right to refuse service to any person or entity without reason, including but limited restricting access to the Websites and refusing to sell products contained on the Websites.

EFFECT OF HEADINGS

The headings or captions of these Terms and Conditions are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions hereof.

GOVERNING LAW

These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of Colorado.

CLICK HERE TO VIEW PRIVACY POLICY

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Theresa Pelser Photography respects the intellectual property rights of others. Per the DMCA, We will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action We deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If You believe that Your intellectual property rights have been violated by Us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

A description of the copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
An address, telephone number, and email address where We can contact You and, if different, an email address where the alleged infringing party can contact You;
A statement that You have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by You under penalty of perjury that the information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
Your electronic or physical signature.
We may request additional information before removing any allegedly infringing material. In the event We remove the allegedly infringing materials, Theresa Pelser Photography will immediately notify the person responsible for posting such materials that We have removed or disabled access to the materials. We may also provide the responsible person with Your email address so that the person may respond to Your allegations.

Pursuant to 17 U.S.C. 512(c), Theresa Pelser Photography’s designated Copyright Agent is:

Name: Neel Pelser
904 Lawson Place, Erie, Colorado 80516
Email Address: neel@theresapelserphotography.com

DISCLAIMER

THE SITE IS PROVIDED ON AN ASIS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Updated as of November 14, 2023