BARBARAHAYWARD.COM TERMS OF USE

The following terms of use ("Terms") govern your use of this website http://www.barbarahayward.com (“Website”).

By entering and/or continuing to use this Website, you agree to be legally bound by the Terms. Please read and review these Terms carefully.

I. Website Privacy Policy - All information collected from you in connection with your use of this Website is governed by the Privacy Policy, which is incorporated into these Terms. Please review the Privacy Policy.

II. Website Content - The Website is owned and operated by Barbara Hayward Photographer LLC (“Photographer”) and provides information related to the Photographer’s work and services. The Website is provided on an “as is” basis and the content container thereon may be modified, edited, revised, or otherwise altered by the Photographer for any reason whatsoever.

Photographer shall not be liable to you or any third party should it exercise its right to modify the Website or to change or discontinue any of its products or services. If you object to any change to the Website, your sole recourse will be to discontinue using the Website.

Further, this Website may, from time to time, contain links to other websites that the Photographer does not operate or control. The Photographer is not responsible for the content or business practices of these sites and recommends that you review the terms of use and privacy policies for any and all sites that you visit.

III. Website Visitors - The Website is only for persons able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are prohibited from using the Website except with the consent and supervision of their parent(s) and/or legal guardian(s).

As indicated more specifically in the Privacy Policy, no information should be submitted to the Website by visitors under the age of 13 years of age without the consent and supervision of their parent and/or legal guardian. Although the Photographer offers classes, lessons, or other similar educational opportunities that may be open to children or adolescents, only individuals over the age of 18 and/or a parent and/or legal guardian are allowed to submit a request for these services.

In compliance with Federal Law, the Photographer does not knowingly collect information from children under 13 years of age.

IV. Modifications - The Website Terms may change, at the Photographer’s sole discretion. The Photographer will notify you of changes to the Terms by posting the revised Terms on the Website. Any and all changes will be effective upon posting to the Website.

V. Prohibited Activities - You may not, without the Photographer’s explicit, written consent:

(a) reproduce, duplicate (in whole or in part), sell, resell, or exploit for any commercial purpose any portion of the Website;

(b) violate any of the rights explicitly referenced in Section XI. (Intellectual Property) hereto;

(d) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) to the Website;

(e) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Website or monitor or copy the webpages or the content contained thereon;

(f) deep link to the Website for any purpose; or

(g) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

VI. Other Restrictions - You agree not to use the Website to:

(a) violate or encourage the violation of any local, state, national, or international law;

(b) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

(c) interfere with or disrupt the Website or services or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

(e) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined in the Photographer’s sole discretion.

VII. Termination - The Photographer may terminate your access and use of the Website without prior notice for any reason, at the Photographer’s sole discretion, including without limitation, if the Photographer believes that you have violated these Terms.

VIII. Disclaimer of Warranties and Limitations on Liabilities - THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PHOTOGRAPHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. THE PHOTOGRAPHER DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE PHOTOGRAPHER MAKES NO WARRANTY THAT THE WEBSITE OR THE PHOTOGRAPHER’S PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). YOUR USE OF THE PHOTOGRAPHER’S WEBSITE IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE PHOTOGRAPHER OR ITS HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO THE WEBSITE, THE MATERIALS ON THE WEBSITE OR YOUR USE OF THE WEBSITE, THE MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, STRICT LIABILITY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

IX. Exclusions and Limitations - Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Photographer may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

X. Indemnification - You agree to indemnify, defend, and hold harmless the Photographer, and its heirs, legal representatives, assigns, partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) any information you submit or transmit to or through the Website; (2) your use of the Website or the Photographer’s content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Website.

XI. Intellectual Property - Nothing contained on the Website or in these Terms shall be construed to grant any property rights, by license or otherwise, to the Photographer’s copyrights, trademarks, or other intellectual property rights.

(a) Trademarks - BARBARA HAYWARD™, BARBARA HAYWARD PHOTOGRAPHER™, and the Nautical Logo are trademarks of the Photographer. All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Website constitute trade dress and are the exclusive property of the Photographer. Any use of such trademarks and/or trade dress without the prior written consent of the Photographer is expressly forbidden. Any other trademarks appearing anywhere on this site are the property of their respective owners.

(b) Copyright - The Website and its content, including, but not limited to, any and all photographs, images, text, software, source code, sound, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Website are the exclusive property of the Photographer and are protected by U.S. and international copyright laws.

The reproduction, distribution, transmission, sale, transfer, adaptation, modification, public display, public performance, publication, or any commercial exploitation of the content on the Website is expressly prohibited without the prior written consent of the Photographer.

The Photographer expressly prohibits the copying of her photographs from the Website and has taken steps to disable this function. Any circumvention of these protection efforts shall be considered a violation of 17 U.S.C. § 1201 (Section 1201, part of the 1998 Digital Millennium Copyright Act), which prohibits the circumvention of a technological measure that effectively controls access to a copyrighted work.

XII. Dispute Resolution - Any claim, dispute, or controversy arising out of the Terms, the Privacy Policy, the services provided on the Website, or the content on the Website ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Norristown, Pennsylvania. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or the Photographer may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Montgomery County, Pennsylvania, as necessary to protect the rights or property of you or the Photographer pending the completion of any arbitration proceeding.

XIII. Merger – This Agreement shall not be terminated by the merger or consolidation of the Photographer’s assets, including the Website, into or with another entity.

XIV. Entire Agreement relating to the Website - The Terms constitute the entire and sole agreement between you and the Photographer with respect your use of the Website and the content contained thereon. These Terms supersede any prior agreements or negotiations between you and the Photographer with respect to this specific subject matter.

XV. Governing Law - The Terms and the relationship between you and the Photographer shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.

XVI. Enforcement of Terms - The Photographer’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and the Photographer nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and the Photographer’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections governing Your Content, Termination, Warranties and Liabilities, Exclusions and Limitations, Indemnification, Intellectual Property and Dispute Resolution shall survive any expiration or termination of the Terms.