Privacy Policy & Terms Of Use

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to www.erikaoverholt.com and Erika Overholt Photography LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise notes, all references to Erika Overholt Photography LLC include www.erikaoverholt.com . The Erika Overholt Photography LLC website is a photography site. By using the Erika Overholt Photography LLC website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered on our Site, Erika Overholt Photography LLC may collect personally identifiable information such as you:

  • First and Last Name
  • Email Address
  • Phone Number

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) sending us an email message; (b) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. We will use your information for, but not limited to, communicating with you in relation to services and /or products you have requested for us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Erika Overholt Photography LLC collects and uses your personal information to operate its website and deliver the services you have requested.

Erika Overholt Photography LLC may also use your personally identifiable information to inform you of other products or services available from Erika Overholt Photography LLC.

Sharing Information with Third Parties

Erika Overholt Photography LLC does not sell, rent or lease its customer information to third parties.

Erika Overholt Photography LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Erika Overholt Photography LLC, and they are required to maintain the confidentiality of your information.

Erika Overholt Photography LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Erika Overholt Photography LLC or the site; (b) protect and defend the rights or property of Erika Overholt Photography LLC; and or (c) act under exigent circumstances to protect the personal safety of users of Erika Overholt Photography LLC, or the public.

Tracking User Behavior

Erika Overholt Photography LLC may keep track of the websites and pages our users visit within Erika Overholt Photography LLC, in order to determine what Erika Overholt Photography LLC services are the most popular. This data is used to deliver customized content and advertising with Erika Overholt Photography LLC to customers whose behavior indicates that they are interested in particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Erika Overholt Photography LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Erika Overholt Photography LLC website.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Children under Thirteen

Erika Overholt Photography LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

E-mail Communications

From time to time, Erika Overholt Photography LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys and or other general communication. In order to improve our Services, we may receive a notification when you open an email from Erika Overholt Photography LLC or click on a link therein.

Changes to this Statement

Erika Overholt Photography LLC reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and /or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

Erika Overholt Photography LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Erika Overholt Photography LLC has not adhered to this Statement, please contact Erika Overholt Photography LLC at:

Erika Overholt Photography

Email Address: erikaoverholt@gmail.com

Telephone number: 720-999-5493

Effective as of May 17, 2018

 

 

Terms and Conditions

Agreement between User and www.erikaoverholt.com

Welcome to www.erikaoverholt.com . The www.erikaoverholt.com website (the “Site”) is comprised of various web pages operated by Erika Overholt Photography LLC. www.erikaoverholt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.erikaoverholt.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.erikaoverholt.com is an E-Commerce Site.

This website’s purpose is to sell services pertaining to wedding and other portrait photography.

Privacy

Your use of www.erikaoverholt.com is subject to Erika Overholt Photography LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.erikaoverholt.com or sending emails to Erika Overholt Photography LLC 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 requirements that such communications be in writing.

Children Under Thirteen

Erika Overholt Photography LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.erikaoverholt.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.erikaoverholt.com may contain links to other websites “Linked Sites”). The linked Sites are not under the control of Erika Overholt Photography LLC and Erika Overholt Photography LLC 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. Erika Overholt Photography LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Erika Overholt Photography LLC of the site or any associates with its operators.

Certain services made available via www.erikaoverholt.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.erikaoverholt.com domain, you hereby acknowledge and consent that Erika Overholt Photography LLC may share such information and data with any third party with whom Erika Overholt Photography LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.erikaoverholt.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 www.erikaoverholt.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Erika Overholt Photography LLC 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 impact 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 to provide 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 Erika Overholt Photography LLC or 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 context 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. Erika Overholt Photography LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, 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 permissions of Erika Overholt Photography LLC 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 Erika Overholt Photography LLC or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software of other material contained in a file that is uploaded; restrict or inhibit any other user form using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Erika Overholt Photography has no obligation to monitor the Communication Service. However, Erika Overholt Photography LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Erika Overholt Photography LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Erika Overholt Photography LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Erika Overholt Photography LLC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Erika Overholt Photography LLC does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Erika Overholt Photography LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Erika Overholt Photography spokespersons, and their views do not necessarily reflect those of Erika Overholt Photography LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.erikaoverholt.com or Posted on any Erika Overholt Photography LLC Web Page

Erika Overholt Photography LLC  does not claim ownership of the materials you provide to www.erikaoverholt.com (including feedback and suggestions) or post, upload, input or submit to any Erika Overholt Photography LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Erika Overholt Photography LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein Erika Overholt Photography LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Erika Overholt Photography LLC ‘s sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Erika Overholt Photography LLC 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 Erika Overholt Photography LLC Content accessed through www.erikaoverholt.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 Erika Overholt Photography LLC, 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, and 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. Erika Overholt Photography LLC 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 Erika Overholt Photography LLC in asserting any available defenses.

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 jurisdiction. In the event that 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 dispute and claims in regards to these Terms and Conditions or any disputes arising as a result 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 the Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis, class arbitration 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 AGAIN THE OTHER. Further, unless both you and Erika Overholt Photography LLC 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. ERIKA OVERHOLT PHOTOGRAPHY LLC AND/OR ITS SUPPLIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ERIKA OVERHOLT PHOTOGRAPHY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINES, 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. ERIKA OVERHOLT PHOOGRAPHY LLC 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 NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERIKA OVERHOLT PHOTOGRAPHY LLC 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 SIT OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF  THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWSE, EVEN IF ERIKA OVERHOLT PHOTOGRAPHY LLC 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 Restrictions

Erika Overholt Photography LLC 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 Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction 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 Erika Overholt Photography LLC as a result of this agreement or use of the Site. Erika Overholt Photography LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Erika Overholt Photography LLC’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 Erika Overholt Photography LLC 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 Erika Overholt Photography LLC with respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the user and Erika Overholt Photography with respect to the Site. A printed version of this agreement and 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

Erika Overholt Photography reserves the right, in its sole discretion, to change the Terms under which www.erikaoverholt.com is offered. The most current version of the Terms will supersede all previous versions. Erika Overholt Photography LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Information

Erika Overholt Photography LLC welcomes your questions or comments regarding these Terms.

Email Address: erikaoverholt@gmail.com

Telephone number: 720-999-5493

Effective as of May 17, 2018