Effective date: March 17, 2025
The Anne Hurzel Photography website (“Site”) and affiliate websites located
at annehurzel.com is a copyrighted work belonging to Anne Douglass Photography & Design
(“Company”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the
Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent
that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18
YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS,
DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and
also limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited
license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or
competitive website; and (d) except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by
any means unless otherwise indicated, any future release, update, or other addition to functionality of
the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must
be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You
approved that Company will not be held liable to you or any third-party for any change, interruption,
or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with
any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property
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rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are
owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give
you any rights, title or interest in or to any intellectual property rights, except for the limited access
rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or
display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of
Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access
to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in
doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we
do not control User Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company will not be responsible for
any loss or damage incurred as the result of any such interactions. If there is a dispute between you
and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents,
successors, and assigns from, and hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind
and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to,
the Site. If you are a California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: “a general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons. Like any other website, website name uses ‘cookies’. These cookies are
used to store information including visitors’ preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users’ experience by customizing our web
page content based on visitors’ browser type and/or other information.
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Disclaimers
The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly
disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory,
including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet
enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will
meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will
be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law
requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90)
days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the
above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you
or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any
indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to
these terms or your use of, or incapability to use the site even if company has been advised of the
possibility of such damages. Access to and use of the site is at your own discretion and risk, and you
will be solely responsible for any damage to your device or computer system, or loss of data resulting
therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein,
our liability to you for any damages arising from or related to this agreement, will at all times be
limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not
enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating
to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while
you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason
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at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may involve deletion of your User
Content associated with your Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these Terms. Even after your rights under
these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2
through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the termination of users of our online Site
who are repeated infringers of intellectual property rights, including copyrights. If you believe that one
of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to
have the allegedly infringing material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us
to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that
you are either the owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written notification and allegation of copyright
infringement.
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General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify
you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently
posting notice of the changes on our Site. You are responsible for providing us with your most current
e-mail address. In the event that the last e-mail address that you have provided us is not valid our
dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the
changes described in the notice. Any changes to these Terms will be effective upon the earliest of
thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days
following our posting of notice of the changes on our Site. These changes will be effective
immediately for new users of our Site. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION
AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the
use of any product or service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the
party must first send to the other party a written Notice of Dispute describing the nature and basis of
the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 123
company address. After the Notice is received, you and the Company may attempt to resolve the claim
or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30)
days after the Notice is received, either party may begin an arbitration proceeding. The amount of any
settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an
established alternative dispute resolution provider that offers arbitration as set forth in this section. If
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AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules
of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available
online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a
single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less
than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearancebased arbitration, at the option of the party seeking relief. For claims or disputes where the total
amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a
hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100
miles of your residence, unless you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the
date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater
than the last settlement offer that the Company made to you prior to the initiation of arbitration, the
Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and
disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration
shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or
demanded within the statute of limitations and within any deadline imposed under the AAA Rules for
the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of
you and the Company, and the dispute will not be consolidated with any other matters or joined with
any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or
part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the
Terms. The arbitrator shall issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based. The arbitrator has the same authority to award
relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is
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final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS
TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all
claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less expensive than rules applicable in a court
and are subject to very limited review by a court. In the event any litigation should arise between you
and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the
dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration
agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of
more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of
any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties
agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a
party from submitting to a court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall continue in full force and
effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be
waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship
with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual
action in small claims court.
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Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief
before a state or federal court in order to maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of
the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in
court, the parties hereby agree to submit to the personal jurisdiction of the courts located within
Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations
in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in violation of the United
States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814,
or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to receive communications
from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you electronically satisfy any legal
obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of
the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a
waiver of such right or provision. The section titles in these Terms are for convenience only and have no
legal or contractual effect. The word “including” means “including without limitation”. If any provision
of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and
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enforceable to the maximum extent permitted by law. Your relationship to Company is that of an
independent contractor, and neither party is an agent or partner of the other. These Terms, and your
rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and
service marks displayed on the Site are our property or the property of other third-parties. You are not
permitted to use these Marks without our prior written consent or the consent of such third party
which may own the Marks.
Contact Information