Warranty Disclaimers and Limitations on Liability
ALL INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTIES ARE INTENDED OR GIVEN. THE EXCLUSION OF IMPLIED WARRANTIES MAY BE LIMITED IN SOME JURISDICTIONS AND YOU SHOULD CONSULT A QUALIFIED LEGAL ADVISOR IN YOUR JURISDICTION TO DETERMINE WHETHER THESE EXCLUSIONS APPLY TO YOU.
THE INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED IN AN IMMEDIATELY ACCESSABLE AND CONVENIENT FORMAT FOR PERSONS INTERESTED. AS A RESULT, THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL, GRAMMATICAL AND/OR LINGUISTIC ERRORS. INFORMATION AND PRODUCTS ON THIS WEBSITE ARE CONSTANTLY UPDATED, MODIFIED AND SUBJECT TO CHANGE WITHOUT NOTICE. A MOMENT IN TIME PHOTOGRAPHY WILL NOT BE LIABLE TO ANY PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED BY YOU OR A THIRD PARTY OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, WITHOUT LIMITATION, A MOMENT IN TIME PHOTOGRAPHY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF THIS SITE OR ANY OTHER LINKED. THE FOREGOING EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY BE LIMITED IN SOME JURISDICTIONS AND YOU SHOULD CONSULT A QUALIFIED LEGAL ADVISOR IN YOUR JURISDICTION TO DETERMINE WHETHER THESE EXCLUSIONS APPLY TO YOU.
Linked Sites and Click Throughs
A MOMENT IN TIME PHOTOGRAPHY CANNOT AND DOES NOT MONITOR OR CONTROL INFORMATION CONTAINED ON ANY WEBSITE OR ADVERTISEMENT LINKED TO THIS SITE. A MOMENT IN TIME PHOTOGRAPHY DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY SITE LINKED TO A LINKED SITE OR ANY CHANGES TO SUCH SITES. SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO THE USERS OF THIS WEBSITE. A MOMENT IN TIME PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT THE INFORMATION CONTAINED ON ANY LINKED WEBSITE.
Except as expressly stated on this website, all content on this website, including but not limited to text, graphics, designs, icons, still and video images, illustrations, technical diagrams, software, written and other materials that are part of this Website are protected under copyright laws and are state and federal trademark law. You may download and view material on this site for your personal, temporary, non-commercial viewing only. No part of the materials contained on this site may be otherwise reproduced, stored in a retrieval system, copied, republished, uploaded, posted, distributed or transmitted in any form, or by any means, electronic or mechanical without the prior written permission of A Moment In Time Photography.
Consent to Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from the use of this website or sales of products or services from this website will be resolved by binding arbitration under the rules of the American Arbitration Association. Users of this website expressly waive any and all rights to participate as a representative or member of any class of claimants pertaining to any claim. Notwithstanding any choice of law provision included in the terms and conditions of this Agreement, any arbitration agreement will be subject to the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration will take place in Collier County, Florida and/or the US District Court for the Middle District of Florida. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
These terms and conditions of sale and any sale hereunder will be governed by the laws of the State of Florida, without regard to conflicts of laws rules. Any arbitration, enforcement of an arbitration or litigation will be brought in Collier County, Florida and customer consents to the jurisdiction of the federal and state courts located in Collier County, Florida and submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Our Internet Service Provider (ISP) may make a record of your visit and log your server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using. This information is collected for statistical purposes only, and A Moment In Time Photography will not make any attempt to identify users according to their browsing activity.
It is also possible that your Internet Service Provider (ISP) is logging your activity while you visit our site. This is obviously beyond the control of A Moment In Time Photography.