Terms & Conditions

Updated: 5/2018

Introduction

By using michelequigleyphotography.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 Michele Quigley. 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.

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.

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, Michele Quigley 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 michelequigleyphotography.com or your relationship with Michele Quigley. The foregoing applies even if Michele Quigley 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.

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 Michele Quigley or michelequigleyphotography.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold Michele Quigley 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.

Governing Law

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of Lancaster, Pennsylvania USA as applied to contracts that are executed and performed entirely in Lancaster, Pennsylvania USA. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Lancaster, Pennsylvania 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 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.

Variation

The owners and operators of michelequigleyphotography.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.

 

Entire Agreement

These Terms and Conditions, along with any Disclaimer and Privacy Policy posted on michelequigleyphotography.com constitutes the entire agreement between you and Michele Quigley 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 Michele Quigley 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 in writing by Michele Quigley. 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.