Terms and Conditions

These Terms of Service, together with all of the documents referred to or attached herein (collectively, the “Agreement”), is a legal Agreement between you (“you,” “your,” or “user(s)” whether or not capitalized) and JLGerard Photography (“JLGerard Photography (Jennifer Gerard),” “us,” “we” or “our”), including all deliverables, materials, content, functionality, and services offered by JLGerard Photography (collectively a “Service” or the “Services”) whether as a guest or registered or unregistered user or whether or not you purchase Services from JLGerard Photography.

Please read these Terms of Service carefully before you start to use our Website or Services. Please also read our Privacy Policy. BY USING OUR WEBSITE OR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THEM AND THAT YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THEM INCLUDING ALL DOCUMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OUR WEBSITE OR USE OUR WEBSITE OR SERVICES.

By using our Website or Services you agree to be bound by the version of this Agreement in effect when you do so. We may revise and update any part of this Agreement from time to time in our sole discretion, and when we do so, we will post the updates to our Website. All changes are effective immediately when we post them and will apply to all access to and use of our Website or Services thereafter. Your access or use after such posting will constitute acceptance by you of such changes. If you object to anything in this Agreement or our Privacy Policy, do not use the Website or the Services.

Eligibility

By using our Website, you represent and warrant that you are eighteen (18) years of age or otherwise of legal age to form a binding contract and abide by the terms and conditions. If you accept or agree to this Agreement on behalf of another individual, or a company or other legal entity, you also represent and warrant that you have the legal authority to do so and in such event, the uses of “you” or “your” in this Agreement will refer and apply to such third party. If you do not meet all these requirements, you must not access or use our Website.

JLGerard Photography (Jennifer Gerard) values your privacy. Please review our Privacy Policy – Link available on every page. This describes our privacy policies in detail, including the kind of information we collect about you, how we use the information collected, and how we protect your personal information and honor your requests regarding your personal information.

Website, Services and Your Consent.

We reserve the right to withdraw or amend our Website, and any Services or material we provide on our Website, in our sole discretion without notice to you. Unless we have specifically agreed otherwise, we will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users. In order to protect the integrity of our Website and Services, JLGerard Photography reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.

By accessing the Website, registering on the Website or using our Services, you consent to have this Agreement provided to you in electronic form and agree that JLGerard Photography may communicate with you electronically. All communications, including notices, disclosures, updates, agreements, and other communications that JLGerard Photography provides to you electronically, including without limitation by posting on the Website or by email at the address designated by you, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by JLGerard Photography. Notices and communications to JLGerard Photography must be sent to: Jlgerardphotography@gmail.com

We will provide to you our Services and Deliverables requested via the Website or as otherwise agreed in writing by you and us. Examples of our current Services and packages and terms and conditions specific to certain Services are described below or on our Website. We will include content and functionality on our Website or designate the number of our employees or contractors that we determine to be sufficient, in our sole discretion, to be capable of supporting our Services. JLGerard Photography reserves the right to use contractors or third parties to complete any Services or provide any Deliverable in our sole discretion.

Your Obligations

1. You are responsible for making all arrangements necessary for you to have access to our Website, Services and Deliverables.

2. You are responsible for ensuring that all persons who access our Website and Services through your internet connection are aware of this Agreement and comply with it.

3. JLGerard Photography (Jennifer Gerard) will not be liable for any loss or damage arising from your failure to comply with rules and regulations and safety precautions during photoshoots.

4. To access this Agreement, our Website, or some of the content on the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website and Services that all the information you provide to us is correct, current and complete. You agree that all information you provide to us, including but not limited to through the use of any interactive features on our Website, is governed by our Privacy Policy and this Agreement and you consent to all lawful actions that we take with respect to your information, as long as such actions are consistent with our Privacy Policy.

5. We have the right, but we are not obligated, to disable any client or other identifier, whether chosen by you or provided to you by us, at any time in our sole discretion if, in our opinion, you have violated any provision of this Agreement or you have indicated that you no longer consent to electronic communications. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Please print a copy of this document for your records.

6. You agree to respond promptly to any reasonable requests from us (or any of our authorized representatives) for instructions, information or approvals required by us to provide our Services.

7. You agree to cooperate with us in our provision of our Services, and to give access to your systems, premises, employees, contractors, information and equipment as required to enable us to provide our Services.

8. You agree to comply with:

1. our Privacy Policy;

2. this Agreement;

3. all payment obligations;

4. any addenda to this Agreement including customized Services or pricing for Services or other special terms and conditions entered in to with us; and

5. any nondisclosure and/or confidential disclosure agreement(s) entered into between us.

Scheduling

JLGerard Photography (Jennifer Gerard) is not liable in any way if JLGerard Photography cannot get in touch with you if you provided inaccurate contact information during the registration process or if you are unavailable or for any other reason.

If neither an agent nor property owner is present at the time the Services are scheduled to be performed, and no prior requests related to the expected photo shot selection has been made, all photos taken will be at the discretion of the photographer.

It is always the property owner’s and/or agent’s responsibility to prepare the property for the photo shoot, and JLGerard Photography is not responsible for homes that are not in ‘show-quality’ condition at the time of the photo shoot. JLGerard Photography shoots all photos of the property in “as-is” condition except for minor changes made to the properties lights and window coverings to enhance photo quality.

Unless access to the property is otherwise arranged, an agent or property owner must be present at the time of the tour. JLGerard Photography is not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, reshoot, or travel fees as a result of property inaccessibility.

Distribution of Services and Deliverables

After a shoot is completed and the photos are processed, the photos and tours will be uploaded. An email containing a link to the photos and Services will be sent to the contact on file. JLGerard Photography is not responsible for emails not received but will make an attempt to send Deliverables to an alternative email address if notified that the initial email was not received.

No refunds of fees will be given if a listing sells between the time the photos are taken and the time they are distributed to the agent and/or property owner.

Terms of Agreement

This Agreement will remain in full force and effect while you use the Website or any Services. This Agreement will remain in full force and effect while you use the Website or any Services and/or have an account with us or are a registered user. JLGerard Photography (Jennifer Gerard) may terminate this Agreement, or decline to provide certain Services, at any time if you are not in compliance with all the terms and conditions of this Agreement, including payment obligations, or as otherwise provided in this Agreement. Unless you and JLGerard Photography (Jennifer Gerard) have agreed in writing to a different termination procedure, you may terminate this Agreement or your account registration at any time, for any reason, by sending JLGerard Photography (Jennifer Gerard) written notice of termination jlgerardphotography@gmail.com. Even after this Agreement is terminated, all payment obligations and any terms that by their nature should survive termination of this Agreement shall be deemed to survive such termination. With respect to Confidential Information that constitutes a trade secret under applicable law, the confidentiality provisions of this Agreement will survive termination until, if ever, such Confidential Information loses applicable trade secret protection.

Fees and Payment

You agree to pay us the fees in effect for each Service selected by you at the time you request the Service. Prices are different for Services performed for residential properties and commercial properties. If fees for a particular Service are not listed on the Website or already agreed between us, contact JLGerard Photography (Jennifer Gerard) for more information. You agree to pay all fees in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason. All pricing for Services is subject to change at any time. You will also reimburse us for all expenses incurred by us in collecting any late payments from you, including, without limitation, attorneys’ fees. In addition to all other remedies available under this Agreement or at law, we will be entitled to immediately suspend your account or Services without prior notice to you if you fail to pay any amounts when due.

JLGerard Photography (Jennifer Gerard) will bill you for requested Services and Additional Fees through an online account (your “Billing Account”) at the completion of each Service. If you and JLGerard Photography (Jennifer Gerard) have not agreed in writing to a different invoicing and payment process, you agree to pay JLGerard Photography (Jennifer Gerard) for all fees for Services requested by you or other persons (including your agents) via your Billing Account. You agree to enter into your Billing Account valid payment card information and you authorize JLGerard Photography (Jennifer Gerard) to charge such payment card for all fees (your “Payment Method”). You agree to make payment using your selected Payment Method for each Service and additional fees or expenses agreed or incurred, including but not limited to, charges for cancellation, reshoots, travel fees, ‘no show’ fees and/or upgrades to your chosen Services elected after the initial order was placed (collectively “Additional Fees” as further defined below). If a valid Payment Method is not in the Billing Account or payment is not otherwise agreed or received by us when a Service is requested, the Service will not be performed.

We will bill your payment card upon completion of Services for all charges and Services unless otherwise agreed between us in writing prior to the completion of the Service. You authorize JLGerard Photography (Jennifer Gerard) and the processor of your Payment Method to (a) initiate and pay recurring charges for all fees payable to JLGerard Photography (Jennifer Gerard) until such time as this Agreement is terminated and (b) pay charges for any Additional Fees that you may incur under the Agreement. You further represent and warrant that (i) your Payment Method and the payment card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such Payment Method to pay all fees, including recurring fees and Additional Fees, and (iii) payments made and charges incurred by you will be honored. If JLGerard Photography (Jennifer Gerard) does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account upon demand via an alternative method.

JLGerard Photography (Jennifer Gerard) will retain the Payment Method information as part of your Billing Account, as a convenience for you to pay recurring fees and for Services over time. We will use commercially reasonable security policies and procedures and security tools with respect to your Payment Method information designed to prevent unauthorized access to your Payment Method. However, it is impossible for us to maintain impervious security and we are not responsible for malicious attacks or theft that result in your Payment Method information being accessed by another party without our consent.

Intellectual Property Rights

Services and Website Content: As between you and JLGerard Photography (Jennifer Gerard), our Services, Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, unique color choices, images, video and audio, and the design, selection and arrangement thereof including all of the goodwill associated therewith and derivative works (collectively “Intellectual Property”) are owned by JLGerard Photography (Jennifer Gerard), and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively “Intellectual Property Rights”). You do not acquire any right, title or interest in any JLGerard Photography (Jennifer Gerard), property or Intellectual Property Rights under this Agreement, by use or otherwise.

JLGerard Photography (Jennifer Gerard), Trademarks: JLGerard Photography (Jennifer Gerard) name, logo and all related names, logos, service names, designs and slogans are trademarks of JLGerard Photography (Jennifer Gerard). You must not – and by using our Website, you agree not to – use such marks without our prior written permission. All other names, logos, service names, designs and slogans on our Website are the trademarks of their respective owners.

Limited License. All photos, images, video, audio and other materials provided to you as part of the Services or Website (collectively “Deliverable(s)”) are solely and exclusively owned by JLGerard Photography (Jennifer Gerard). JLGerard Photography (Jennifer Gerard) reserves all ownership in all Intellectual Property Rights in and to all Deliverables. If you have paid in full all applicable fees for the Deliverables and remain in continued compliance with this Agreement, JLGerard Photography (Jennifer Gerard) grants you a limited, revocable, non-transferrable, non-sublicensable, non-exclusive license to use and display, to the extent reasonably necessary to enable you to market the real property related to the Deliverables in accordance with this Agreement. You may allow your Multiple Listing Service (“MLS”) provider to display the Deliverables on your behalf for the sole purpose of fulfilling the defined purposes of your agreement with your MLS provider. Such permitted use shall not in any way be construed as a license to or transfer of ownership of the Deliverables to the MLS. If JLGerard Photography (Jennifer Gerard) provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use in accordance with this Agreement, provided you agree to be bound by any end-user license agreement for each such application.

Deliverables that are “Stock Image Packages” or “Subdivision Packages” may be used only by you and your MLS provider to market the real property listing for which the Service was purchased and cannot be duplicated, copied or otherwise used to market any other property or for any other purpose.

Limited Warranty; Disclaimers

JLGerard Photography (Jennifer Gerard) warrants that we will provide our Services and the Website in accordance with this Agreement and as specified on the Website with a commercially reasonable level of care. Your sole and exclusive remedy for our breach of this limited warranty is that JLGerard Photography (Jennifer Gerard) will re-perform at its expense any Service that does not conform to this warranty within a reasonable time (but no more than fifteen (15) days after we receive your written notice of such non-conformity). You must provide JLGerard Photography (Jennifer Gerard) written notice of the non-conformity within ten (10) days after you first learn of the non-conforming Service.

JLGerard Photography (Jennifer Gerard) MAKES NO WARRANTIES EXCEPT FOR THOSE PROVIDED ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. JLGerard Photography (Jennifer Gerard) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, YOUR COMPUTER PROGRAMS, YOUR DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.

As clarification, but not limitation, JLGerard Photography (Jennifer Gerard) does not warrant the accuracy, completeness or usefulness of information on the Website. JLGerard Photography (Jennifer Gerard) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your account, User ID or communications. JLGerard Photography (Jennifer Gerard) is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage any equipment, hardware, computers or other property related to or resulting from the Services. Under no circumstances will JLGerard Photography (Jennifer Gerard) or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Services. JLGerard Photography (Jennifer Gerard) cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Limitation of Liability

IN NO EVENT WILL JLGerard Photography (Jennifer Gerard) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT JLGerard Photography (Jennifer Gerard) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL JLGerard Photography (Jennifer Gerard) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OUR WEBSITE OR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO JLGerard Photography (Jennifer Gerard) IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

Dispute Resolution

If a dispute arises regarding the respective rights or obligations under this Agreement, the parties agree to first attempt to settle the dispute by direct discussions. If such dispute cannot be settled by direct discussions, any unresolved dispute or breach will be resolved as provided herein. The prevailing or non-dismissing party in any dispute, litigation, or cause of action related to this Agreement will be entitled to reimbursement of all reasonable expenses, including without limitation, court or arbitration or mediation costs and attorney fees incurred in good faith.

If a dispute arising out of this Agreement cannot be resolved by direct discussion between the parties, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Colorado, the City of Denver or Denver County, for the resolution of any such claim or dispute. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnity by You

You agree to defend, indemnify and hold JLGerard Photography (Jennifer Gerard), its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, damages, costs, or demands of any nature, including reasonable attorney’s fees, made by any third party due to or arising out of your use of any Services or Deliverables or the Website or its content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your obligations set forth herein.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

General

JLGerard Photography (Jennifer Gerard) will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in providing any Services when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, interruption of internet services, acts of God, flood, fire, earthquake, pandemic, governmental actions, war, terrorist threats or acts, riot, or other civil unrest, national emergency, or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of sixty (60) days, you will be entitled to give notice to us to terminate our Service, provided that you permanently discontinue your use of such Service.

Neither this Agreement, nor any of your rights or obligations pursuant to this Agreement or regarding use of the Website or Services, is assignable or transferable by you without the prior written consent of JLGerard Photography (Jennifer Gerard) which shall be in its sole discretion. Any attempted assignment without JLGerard Photography (Jennifer Gerard) consent is void and of no force or effect. This Agreement is binding upon each party of this Agreement and their successors and permitted assigns.

No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.

You and JLGerard Photography (Jennifer Gerard) are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.

This Agreement contains the entire agreement between you and JLGerard Photography (Jennifer Gerard) regarding the use of the Website and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement.