Charles Haire Photography TERMS OF USE

chpix.biz (hereinafter referred to as Site) is owned and operated by Charles Haire Photography. Your use of this Site and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to as Terms of Use).  If you do not agree to these terms then you should leave this website immediately, not use any of the materials available herein, and/or not subscribe to this service.

COPYRIGHTED MATERIALS. 

1. "Materials" on Charles Haire Photography shall constitute and be defined as any files, images, animations, photographs, or text available on Charles Haire Photography.
   
   
2. All Materials downloaded from Charles Haire Photography is licensed to you by Charles Haire Photography. Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you. 
   
   
3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from Charles Haire Photography except for your use, which is subject to the Licensing Terms and Conditions.
   
   
4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with Charles Haire Photography, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.
    

LINKS TO OTHER WEB SITES
Charles Haire Photography makes no representation whatsoever regarding the content of any other web sites accessible from this web site. Charles Haire Photography has no control over the content of another web site, since that web site is independent from this web site. A link to a non-Charles Haire Photography web site does not mean that Charles Haire Photography approves of, endorses, or accepts responsibility for the content or use of the web site.

LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, Charles Haire Photography MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY Charles Haire Photography WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. Charles Haire Photography DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT Charles Haire Photography WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL Charles Haire Photography OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF Charles Haire Photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF Charles Haire Photography OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Charles Haire Photography reserves the right to modify or terminate these Terms of Use without notice, if, in Charles Haire Photography sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, Charles Haire Photography reserves the right to terminate this Site without notice.
 

GOVERNING LAW
This agreement incorporates by reference Articles II and III of the Uniform Commercial Code now in existence, in the State of Washington, and the Copyright Act of 1976 as amended. This agreement shall be deemed to be a contract made under the laws of the United States of America and the State of Washington and for all purposes shall be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the State of Washington or the United States District Court for the District of the State of Washington. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. In the event of any award or judgement in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgement, or settlement.