TERMS OF USE
Date of last update: September 30, 2024.
By using this website rjohnanderson.photography (the "Site") operated by Adivate LLC dba R. John Anderson Photography (the "Company"), its affiliated companies or organizations, you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). You also agree to be bound by our Community Standards before posting or submitting any information to this site. Please review those standards and guidelines before posting any content, comments, pages or other material to the Site.
We may change these Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use when visiting the Site, and if you do not agree to the terms of this or any revised policy, please exit the site immediately and do not purchase any products or read any of the site content. Additionally, all images and content are copyright protected. Additional content may also be copyright protected. Please see our copyright notice for more information.
PRODUCTS AND SERVICES
This Site may offer products and services (such as image prints, books, posters, etc) available for purchase and this Site may serve as an advertisement for those products and services. We cannot guarantee that every product or service mentioned or advertised on this Site will be available for purchase at any given time. Further, we reserve the right to cease production of certain products and services or add additional products or services without modifying any information on this Site. The prices posted on this Site while believed to be up-to-date and accurate, are also subject to change at any time without notice. Products are also subject to change at any time without notice.
INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Company or its licensors. You may only use the Site as expressly permitted in this Terms of Use and for no other purpose. Company or our licensors retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names and marks on the Site are trademarks or service marks or used under license by Company. The use or misuse of any of these materials is strictly prohibited.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. COMPANY MAKES NO WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold Company and its employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein and/or for any claims against Company arising from content, materials or information you provide to Company or its affiliated organizations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites operated by third parties. The linked web sites are not under our control, and we are not responsible for the contents of any linked web site or subsequent links from that web site. Please review the linked web site's terms of use and privacy policy agreements, and if you do not agree to be bound by the terms governing that web site, we recommend that you terminate your visit to that web site. We provide these links that we feel are helpful to Site visitors as a courtesy to our users, and such links do not imply our endorsement of any linked web site.
INTERNATIONAL USE
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Company makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
MASTER LANGUAGE
This Site may contain pages and content in multiple languages (e.g. English, Spanish, Chinese, Italian, etc). You are hereby notified that the English content pages are the master definitions, which document product features, capabilities, specifications, requirements, prices and other all other information. The English pages are the master content specification for this Site. While we strive to keep all other page languages updated, the English page contents should serve as your master reference and definitive Site content.
PRIVACY
Company recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Children 13 years old and younger may visit this Site without disclosing any personally identifiable information. Please see our Privacy Policy for more information. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to Company. If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, please contact: Adivate LLC, P.O. Box 3005, Sedona, AZ 86340. Please review Section 512(C) to ensure that your notice to use is proper. If you have questions about providing us with proper notice, please consult an attorney. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
OTHER AGREEMENTS
This Site may feature products that may be subject to other agreements. Nothing in this Terms of Use will affect the terms set forth in those other agreements or modifications to those agreements.
CHOICE OF LAW AND JURISDICTION
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Nevada, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Nevada and specifically, Clark County Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INTEGRATION AND SEVERABILITY
This Terms of Use constitutes the entire agreement between Company and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
UNAUTHORIZED USE AND TERMINATION
You agree to use the Site only for authorized and legal activities. Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
RELEASE OF ORDERS AND DOWNLOADS
We reserve the right to not send/ship products to customers ordering from "free" email accounts, such as google.com, hotmail.com, gmail.com, etc, or where potential fraud metrics show caution, and we may attempt to contact you to clarify order details prior to fulfillment. Upon ordering, you will be asked to provide a non-free email account for us to assign to your orders, to ensure delivery. We have adopted this policy to help combat internet fraud, and we thank all customers for their cooperation. Downloadable files will usually be released within 24 hrs of purchase if received during normal business hours ; orders received after business hours, or on weekends or holidays will be usually be released on the next business day. All orders go through a series of fraud checking measures, and we thank you for your understanding. Physical product delivery times may vary due to availability and shipping requirements. We do strive to get you the products as fast as possible. That's how we like to be treated also.