Please read these terms of use ("Agreement" or "Terms") carefully before using the services offered by Foster Brothers Photography, LLC ("Foster Brothers Photography" or "we" or “us”). This Agreement sets forth the legally binding terms and conditions for your use of the various websites owned and operated by Foster Brothers Photography, including, without limitation, the fosterbrothersphotography.com website ("Sites"), the mobile application offered by Foster Brothers Photography (the "App"), your purchase of the products sold through our Sites and App (the "Products"), but not your use of such Products, and any other features, content, or applications offered from time to time by Foster Brothers Photography in connection with the above (collectively, the "Service"). By using the Service in any manner, whether by purchasing any Products, or just visiting or browsing the Sites and/or App, you agree to be bound by this Agreement. The Service is offered only to persons 18 years of age or older who are legally able to enter into a contract with us.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FOSTER BROTHERS PHOTOGRAPHY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Acceptance of Terms

By using our Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.

Modification of Terms of Use

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Sites or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Privacy

Please review our privacy practices to understand what information we collect and how we use it. Our privacy policy is located at https://www.FosterBrothersPhotography.com/privacy (the "Privacy Policy") and is incorporated into these Terms. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

Registration

The Products and Service are available only to individuals who are at least 18 years old and capable of forming a binding contract with us. If you want to use certain features of the Service, such as purchasing our Products, you will have to create an account (“Account”). You can do this via our Sites or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It is your responsibility to provide accurate, current and complete information, and to keep your Account information and password secure. You may not transfer your Account to anyone else without our prior written permission.

Purchases

You may purchase our Products through our Sites or App. All purchases are subject to our return policy which can be found at [insert link to return policy]. If you wish to purchase any Products made available through the Service, you will be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE, AND THAT THE INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT, AND COMPLETE. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases. Verification of information may be required prior to the acknowledgment or completion of any purchase. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice. Our inclusion of any Products on the Service does not imply or warrant that these Products will be available. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse service to any customer.

Product Descriptions

We attempt to describe the Products offered on the Service as accurately as possible. However, we do not warrant that the descriptions or any content of the Service are accurate, complete, reliable, current, or error-free. If a Product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.

Pricing and Discount Information

We cannot confirm the price or availability of an item until you place an order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following: If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. Despite our best efforts, there may be times when a product is out of stock or unavailable for other reasons. In such cases, we reserve the right to cancel your order and provide you a refund if necessary. We will notify you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

Product Availability and Delivery

We do our best to provide accurate information regarding the availability of Products. However, availability may be subject to change without notice. We cannot guarantee that all Products listed on the Sites and App will be available at the time of your order. We reserve the right to limit the quantities of any Products that we offer and/or to refuse, correct, or cancel any order for any reason, in our sole discretion, including but not limited to if the Product is mispriced, listed with incorrect information, or unavailable. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Return Policy

We accept returns of certain Products subject to the terms and conditions of our return policy. Please review our return policy at [insert link to return policy] for more information.

Intellectual Property

The Service, including without limitation, the Sites, App, Products, and all content and materials contained therein, including, but not limited to, text, graphics, images, logos, button icons, software, and audio or video clips, is the property of Foster Brothers Photography or its licensors and is protected by United States and international copyright laws. You may not copy, reproduce, distribute, transmit, display, publish, sell, license, or otherwise exploit any content or materials obtained from or through the Service without the prior written consent of Foster Brothers Photography or the respective licensors of the content or materials. All rights not expressly granted herein are reserved to Foster Brothers Photography and its licensors.

Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOSTER BROTHERS PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FOSTER BROTHERS PHOTOGRAPHY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOSTER BROTHERS PHOTOGRAPHY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FOSTER BROTHERS PHOTOGRAPHY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL FOSTER BROTHERS PHOTOGRAPHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRODUCT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOSTER BROTHERS PHOTOGRAPHY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Foster Brothers Photography, its directors, officers, employees, agents, partners, suppliers, and content providers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or relating to your use of the Service, including, but not limited to, any content or Product you post, submit, or transmit through the Service, your violation of these Terms, or your violation of any rights of any other person or entity.

Termination

Foster Brothers Photography may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [insert state], without regard to its conflicts of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in [insert location], and you hereby submit to the personal jurisdiction and venue of such courts.

Entire Agreement

These Terms constitute the entire agreement between you and Foster Brothers Photography regarding the use of the Service, superseding any prior agreements between you and Foster Brothers Photography relating to your use of the Service.

Contact Information

If you have any questions or need further information regarding these Terms or the Service, please contact us at [insert contact information].