LEGAL NOTICES
Last updated: November 12, 2013
The following legal notices and conditions govern the use of Richard Layne Adventurer Photo and its affiliated website (www.richardlaynephoto.com). By using Richard Layne Adventurer Photo and its affiliated Website, you agree to these conditions.
HYPERLINKS
Some of the links I make available to you through my website will redirect you to leave my website(s). I cannot guarantee that the hyperlinks set out on my website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which I have no control. I cannot and do not monitor the websites linked to my pages on the Internet. For that, I assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. I believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Richard Layne Adventurer Photo or their sites or their content.
ELECTRONIC COMMUNICATIONS
Communications between you and Richard Layne Adventurer Photo may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail.
INTELLECTUAL PROPERTY
All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of Richard Layne Adventurer Photo and protected by United States and international copyright laws.
Richard Layne Adventurer Photo graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Richard Layne Adventurer Photo in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Richard Layne Adventurer Photo, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Richard Layne Adventurer Photo. There may be other trademarks not owned by Richard Layne Adventurer Photo appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with Richard Layne Adventurer Photo.
If you believe that your work has been copied by Richard Layne Adventurer Photo, then please contact me: Richard Layne, 621 Madison Avenue, Helena, MT 59601.
LICENSE AND SITE ACCESS
Richard Layne Adventurer Photo grants you a limited license to use my websites for personal use only. You may not copy or reproduce the website, or any portion of it, without Richard Layne Adventurer Photo’s express written consent. In addition, Richard Layne Adventurer Photo grants you a limited, revocable, and nonexclusive right to create a hyperlink to Richard Layne Adventurer Photo’s website, so long as the link does not portray Richard Layne Adventurer Photo in a misleading, derogatory, false, or otherwise offensive manner.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Richard Layne Adventurer Photo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use Richard Layne Adventurer Photo without the involvement of a parent or guardian over the age of 18.
SECURITY
The Internet, being an open network, is not secure. If you choose to send any electronic communications to Richard Layne Adventurer Photo by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Richard Layne Adventurer Photo does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Richard Layne Adventurer Photo makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post content on certain portions of Richard Layne Adventurer Photo’s websites, and submit other content or information to Richard Layne Adventurer Photo, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Richard Layne Adventurer Photo. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Richard Layne Adventurer Photo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Posting content or submitting material shall grant Richard Layne Adventurer Photo the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Richard Layne Adventurer Photo and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Richard Layne Adventurer Photo for all claims resulting from content you supply. Richard Layne Adventurer Photo has the right but not the obligation to monitor and edit or remove any activity or content. Richard Layne Adventurer Photo takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS, RETURNS, REFUNDS AND TITLE
All items purchased from Richard Layne Adventurer Photo are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Richard Layne Adventurer Photo does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Richard Layne Adventurer Photo does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING AND PRODUCT DESCRIPTIONS
Richard Layne Adventurer Photo makes every effort to ensure that the price of each item listed for sale is accurate, and that my products are described accurately. However, it is possible that items may be mispriced. In the event of a pricing error, Richard Layne Adventurer Photo shall have no obligation to fulfill the order, and will, at my sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. Richard Layne Adventurer Photo does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by Richard Layne Adventurer Photo is not as described, your sole remedy is to return it in unused condition.
PRESS RELEASES
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Richard Layne Adventurer Photo’s knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RICHARD LAYNE ADVENTURER PHOTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RICHARD LAYNE ADVENTURER PHOTO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM RICHARD LAYNE ADVENTURER PHOTO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RICHARD LAYNE ADVENTURER PHOTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY RICHARD LAYNE ADVENTURER PHOTO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RICHARD LAYNE ADVENTURER PHOTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CLAIMS AGAINST RICHARD LAYNE ADVENTURER PHOTO
If you have a claim against Richard Layne Adventurer Photo, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue me in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the Montana Arbitration Act. You also agree not to bring a class action suit against Richard Layne Adventurer Photo, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
APPLICABLE LAW
The law of the State of Montana and federal law to the extent applicable governs the use of Richard Layne Adventurer Photo site. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Montana State Court, Lewis and Clark County, Montana.
RICHARD LAYNE ADVENTURER PHOTO RIGHT TO AMEND AND REMOVE POLICIES
Richard Layne Adventurer Photo has the right to modify, amend, or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
RICHARD LAYNE’S ADDRESS
621 Madison Avenue
Helena, MT 59601
