Terms of service
Agreement between User and CliftonHaley.com
Welcome to CliftonHaley.com. The CliftonHaley.com website (the "Site") is comprised of
various web pages operated by Clifton Haley Photography. CliftonHaley.com has offered
to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of CliftonHaley.com constitutes your
agreement to all such Terms. Please read these terms carefully and keep a copy of them for
your reference.
CliftonHaley.com is an E-Commerce Site.
Selling Landscape Photography Art on materials like canvas, paper etc.
Privacy
Your use of CliftonHaley.com is subject to Clifton Haley Photography’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting CliftonHaley.com or sending emails to Clifton Haley Photography constitutes
electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures, and other communications that we
provide to you electronically, via email and on the Site, satisfy any legal requirement that
such communications be in writing.
Children Under Thirteen
Clifton Haley Photography does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under eighteen (18),
you may use CliftonHaley.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Every item sold has a 100% satisfaction money back guarantee. Please email us
at support@CliftonHaley.com for assistance.
Links to Third Party Sites/Third Party Services
CliftonHaley.com may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of Clifton Haley Photography and Clifton Haley Photography is not
responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. Clifton Haley
Photography is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Clifton Haley Photography of the site or any association
with its operators.
Certain services made available via CliftonHaley.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the CliftonHaley.com domain, you hereby acknowledge and consent that Clifton Haley
Photography share such information and data with any third party with whom Clifton Haley
Photography as a contractual relationship to provide the requested product, service, or
functionality on behalf of CliftonHaley.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and
use CliftonHaley.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Clifton Haley Photography that you will not use the Site
for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in
any manner which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available or
provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as
the compilation thereof, and any software used on the Site, is the property of Clifton Haley
Photography its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found
on the Site. Clifton Haley Photography content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and you will not delete
or alter any proprietary rights or attribution notices in any content. You will use protected
content solely for your personal use and will make no other use of the content without the
express written permission of Clifton Haley Photography and the copyright owner. You
agree that you do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property of Clifton Haley
Photography or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Clifton Haley Photography from
our offices within the USA. If you access the Service from a location outside the USA, you
are responsible for compliance with all local laws. You agree that you will not use the Clifton
Haley Photography Content accessed through CliftonHaley.com in any country or in
any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Clifton Haley Photography, its
officers, directors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or your violation of
any applicable laws, rules or regulations. Clifton Haley Photography reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Clifton Haley
Photography asserting any available defenses.
SMS Marketing
Standard message rates apply. We will text from 000-000-0000 or (000) 000-0000 a few times
a week. Reply STOP to unsubscribe from texts. Your name, email, address, and cell number
will be collected to remarket art to you. Available worldwide. Major Message Carriers
Supported and is subject to change without notice. Terms and Conditions subject to
change.
For support, email Support@CliftonHaley.com
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of
or concerning these Terms and Conditions, or any provisions hereof, whether in contract,
tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall
be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrator's award shall be final, and judgment may be
entered upon it in any court having authority. If any legal or equitable action, proceeding
or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall
be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate
all disputes and claims regarding these Terms and Conditions or any disputes arising
because of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties
agree that the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this arbitration
provision shall be determined by the Arbitrator. This arbitration provision shall survive the
termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis;
class arbitrations and class/representative/collective actions are not permitted. THE PARTIES
AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY
GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Clifton Haley
Photography agree otherwise, the arbitrator may not consolidate more than one person's
claims and may not otherwise preside over any form of a representative or class
proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLIFTON HALEY PHOTOGRAPHY
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
CLIFTON HALEY PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. CLIFTON HALEY PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIFTON HALEY
PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLIFTON HALEY PHOTOGRAPHY OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Clifton Haley Photography reserves the right, in its sole discretion, to terminate your access
to the Site and the related services or any portion thereof at any time, without notice. To
the maximum extent permitted by law, this agreement is governed by the laws of the State
of Tennessee, and you hereby consent to the exclusive authority and venue of courts in
Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any authority that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Clifton Haley Photography because of this agreement or use of the Site.
Clifton Haley Photography's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of Clifton Haley
Photography’s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by
Clifton Haley Photography with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and Clifton Haley Photography with respect to the Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written,
between the user and Clifton Haley Photography with respect to the Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
Clifton Haley Photography reserves the right, in its sole discretion, to change the Terms
under which CliftonHaley.com has offered. The most current version of the Terms
will supersede all previous versions. Clifton Haley Photography encourages you to
periodically review the Terms to stay informed of our updates.
Contact Us
Clifton Haley Photography welcomes your questions or comments regarding the Terms:
Clifton Haley Photography
P.O. Box 71529
Knoxville, TN 37938
Email Address:
support@CliftonHaley.com.com
Telephone number:
223-254-3866
Effective as of December 15, 2022