Terms of Use

Capturing the Elements™ by Brett Higgins

1. Services and Conditions of Use

Welcome to the Capturing the Elements™ by Brett Higgins. As part of our services, Capturing the Elements™ agrees to provide you with quality photographs, articles, resources and other computer services that Capturing the Elements™ may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Capturing the Elements™ may modify this Agreement at any time. You agree and continue to agree to use Capturing the Elements™ in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Software Libraries and Copyrighted Materials

The downloading of copyrighted material is not allowed by Customers. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Capturing the Elements™ and/or third-party content providers remain the owners of the posted materials, and that Customer can not acquire any of those ownership rights by downloading copyrighted materials and without express permission from Capturing the Elements™. Downloading of said copyrighted materials and files, including photographs, resources, text, graphics, is strictly forbidden and may result in legal action governed by the laws of the United States of America.

3. Limitation of Liability and Warranty

Customer agrees that use of the Service is entirely at Customer’s own risk. Capturing the Elements™ Services are provided “as is” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Service.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Customer specifically acknowledges that Capturing the Elements™ is not liable for the defamatory, offensive or illegal conduct of other Customers or third parties, and that the risk of injury from the foregoing rests entirely with Customer.

Neither Capturing the Elements™ nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the Service or inability to gain access to or use the Service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the Service.

4. Trademarks

5. Notice

Capturing the Elements™ may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record within Capturing the Elements™ account information, or by written communication sent by first class mail to a Customer's address on record within Capturing the Elements™ account information. You may give notice to Capturing the Elements™ at any time by electronic mail or first class postage prepaid mail or courier to remove or update Customer information within Capturing the Elements™ account information.

6. Indemnification

Customer agrees to indemnify and hold Capturing the Elements™ harmless from any dispute which may arise from a breach of terms of this Agreement, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement.

7. Termination of Service

Capturing the Elements™ may terminate your account or access rights to this Service at any time, without notice, for conduct that Capturing the Elements™ believes violates this Agreement or other policies or guidelines that Capturing the Elements™ has posted. Capturing the Elements™ may terminate your account or access rights due to online conduct that Capturing the Elements™ believes is harmful to other Customers, to the Capturing the Elements™ by Brett Higgins business, or to other information providers.

8. Choice of Law

This Agreement shall be construed and controlled by the laws of the State of Washington. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Washington. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Washington.

9. Merger Clause

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Capturing the Elements™ representatives and Customer. Capturing the Elements™ may amend or modify this Agreement or impose new conditions at any time upon notice from Capturing the Elements™ to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.