A. “Craig David Butler” means Craig David Butler Studios, Inc.
B. “Craig David Butler Website” or “Website” means all websites, and all subsequent pages on this website, owned or operated by Craig David Butler. The Craig David Butler Website will contain links to third party website addresses. Once a third party link has been accessed, a user is no longer accessing the Craig David Butler Website.
C. “You” and “Your” means you, an individual user entering into this Agreement.
II. Your use of the Craig David Butler Website
A. Your use of the Craig David Butler Website shall be governed exclusively by the terms of this Agreement.
B. The Website includes original works of authorship that are proprietary properties of Craig David Butler and are protected by both the terms of this Agreement. All content included on this site, such as text, graphics, logos, images, audio clips and or video clips is the property of Craig David Butler and is protected by United States and international copyright laws.
C. Links to and from other websites: The Craig David Butler Website may contain links to other websites, and other websites may contain links to the Craig David Butler Website, such websites not being owned by, or under the direct control of, Craig David Butler (“Linked Websites”). The linked websites are not under the control of Craig David Butler, and Craig David Butler does not endorse, and is not responsible for, the functionality of the links to or from, content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. Craig David Butler is not responsible for licensing to You any content provided by or through a Linked Website, and Your use of content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. Your use of Linked Websites, and links to and from any third party website, at Your sole risk. Craig David Butler provides links to You only as a convenience.
D. The Craig David Butler Website contains testimonials from customers of Craig David Butler. Testimonials are authentic and customers of Craig David Butler have not been compensated in any way to provided said testimonials. The Testimonials may not be representative of everyone’s experience and only provide information about the individual’s experiences. Testimonials may be edited for clarity or brevity.
III. YOUR REPRESENTATIONS & WARRANTIES
You represent, warrant and covenant that:
A. You are of a proper age to enter into this Agreement.
B. You are entering this Agreement with a sound mind and not under duress or emotional distress.
C. Any information that You have or shall provide to Us through the Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information.
D. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Craig David Butler Website and with respect to any product or service related thereto.
E. You shall not use the Craig David Butler Website to infringe, misappropriate or violate any rights of Craig David Butler and/or any third party, including, but not limited to any customer of Craig David Butler or any entity associated with or visiting the Craig David Butler Website.
F. You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. The issue of Modification is set forth in Section 5, below.
Craig David Butler is committed to protecting your privacy. As such we will not sell or transfer your information to any third party or website. You should consult each third party website for use of your information before entering or provide any of your personal or financial information. Craig David Butler is not responsible for any third party use of the your information. You may find our proofing website privacyinformation by clicking here.
V. SECURITY POLICY
Craig David Butler has contracted a third party for processing of all orders, and payments. Your information, other than that provided in your Photography and or Vidoegraphy Agreement, Portrait Agreement is never retained in any manner by Craig David Butler. All Website collection of information and payment processing is performed by a Third Party. You may find their information on privacy and security here.
VI. REFUND / RETURN POLICY
It is Craig David Butler’s ultimate goal to make our customers satisfied. Therefore, Craig David Butler insures that the quality of their products are at the highest possible standards and in accordance with the photographic industry standards. For this reason all Sales are final. However in the event of a defective product or one that is not up to the Craig David Butler Standard, Craig David Butler will repair or replace any product that is not up to the satisfaction of the customer.
A. To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Website or linked to in the Website. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
B. To the Craig David Butler Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the Craig David Butler Website without notice or liability.
VIII. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE FURTHER ASSERT NO WARRANTIES THAT THE Craig David Butler WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; YOUR INFORMATION, WILL NOT BE DISCLOSED OR INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE.
IX. LIMITATIONS ON LIABILITY
USE OF THE Craig David Butler WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE including but not limited to loss any financial, personal or digital information.
X. LIMITATION OF DAMAGES
THE LIABILITY OF Craig David Butler, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED WITH THE Craig David Butler WEBSITE OFFERED THEREIN IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00).
A. SEVERABILITY. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
B. CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to the principles of conflicts of laws.
C. WAIVER OF JURY TRIAL. YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT.
D. ATTORNEYS FEES. You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorneys fees, for Craig David Butler with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding.
E. HEADINGS. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
F. ENTIRE AGREEMENT. This Website Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.