Policies, Conditions of Use, Legal Notices & Disclaimers
Please read the following policies, notices and conditions with care before using this website. By accessing or using this website in any manner, you expressly consent to the following policies, terms and conditions. We reserve the right to change this information at any time without notice.
Business Polices and Practices:
Customer Service Philosophies:
It is Lindsey Mote's committed goal to provide the very best maternity, baby and family photography available in the greater Colorado Spriings and Denver areas, and to do everything reasonably possible to ensure that her clients are completely happy with her services.
Lindsey is a mom and knows how it is to have a new baby, a cranky toddler, cranky husband (or all three!). She will respect and value your time and hopes that you will return the courtesy. She wants her clients to come back for many years, and to tell others about how happy they are with her work.
Payment, Refund & Cancellation Policies:
- Payment in-full is normally due at the time that services are provided. Acceptable methods of payment are check, cash or credit card. A deposit may be required for certain types of services.
- There will be an additional travel fee required for phto sessions outside the Colorado Springs metropolitan area.
- Refunds will normally not be provided for services already rendered, or for images, prints or other items already provided to the client. In the case of errors or problems with prints or other items provided by third-parties, Lindsey Mote will do everything reasonably possible to assist the client in resolving the problem(s), but will not be responsible for refunding or absorbing the cost of such items.
- Photo sessions cancelled withing 24 hours of the scheduled time may incur a cancellation fee of $25.00 at Lindsey's discretion.
- Returned checks, declined credit card payments or chargebacks will incur a fee of $25.00 in addition to any other bank charges levied along with the outstanding payment amount originally due.
Legal Notices, Disclaimers and Conditions of Use:
Copyright, Ownership & Trademark Notice, & Fair Warning to Internet Service Providers:
All electronic displays, materials and “pages” within this website, and any material available for download, are the sole property of Lindsey Mote Photography & Design, a wholly-owned subsidiary of Mote Marketing, Inc., Colorado Springs, CO USA. The contents of this site are copyrighted and may not be distributed, modified or reproduced, in whole or in part, or used for any commercial purposes, whether for profit, advertising, artistic purposes or otherwise, without the prior express written consent of Lindsey Mote Photography & Design. The act of downloading or printing information from this website to a single computer for informational, personal, and non-commercial use is permitted as long as all copyright or proprietary information remains intact with every download or printing.
The uploading of these materials to any other website or server without the prior written authorization of Lindsey Mote Photography & Design, is expressly prohibited and constitutes a per se copyright infringement under the Copyright Act of 1976 and a misappropriation of property. Potentially liable webservers and internet service providers include but are not limited to those defined by the Digital Millennium Copyright Act of 1998. Any internet service provider or webserver that fails to utilize video-filtering and other web-monitoring technology during a period of unauthorized uploading of materials from this website will be considered by Lindsey Mote Photography & Design to have intentionally violated its copyright and to have intentionally misappropriated its website contents. Such unpermitted uploading, infringement or misappropriation will be prosecuted to the fullest extent of the law, in any all necessary jurisdictions.
Lindsey Mote Photography & Design is an exclusive trademark. All other trademarks, service marks and logos used in this site are property of their respective owners as provided by law.
Acceptable Use & Limited License:
The content on this website is provided to you without charge as a convenience and for informational purposes only. Lindsey Mote Photography & Design hereby grants to you a non-exclusive license to use this website solely for your personal and non-commercial use. Any unlawful use of this site or any use inconsistent with these terms and conditions is prohibited and will result in immediate and automatic termination of such limited license.
Any threatening, abusive, offensive, or other unlawful conduct directed at this website, its owners or operators, or any persons or parties associated therewith, will be investigated and prosecuted to the fullest extent of all applicable state and federal laws. Notwithstanding the rights of Lindsey Mote Photography & Design to pursue offenders under the laws of the United States and the State of Colorado, County of El Paso (infra), responsible offenders outside the United States will be referred for investigation and prosecution in the appropriate jurisdiction. Be advised that this webserver records the IP addresses of all computers accessing this website and/or sending email through our contact forms.
Links to Other Websites:
Pages within this website may contain links to other sites not owned or managed by Lindsey Mote Photography & Design. Lindsey Mote Photography & Design does not review, control or take responsibility for the content of such sites. Links from this website to other sites not managed by Lindsey Mote Photography & Design do not imply endorsement or credibility of the service(s), information, or product(s) offered through the linked sites, and Lindsey Mote Photography & Design assumes no liability related to a visitor's use of any linked site. Similarly, if a third party provides a link to this website, it does not necessarily reflect any approval, agreement for use, or relationship between Lindsey Mote Photography & Design and such third party.
Disclaimer of Warranties & Limitation of Liability:
The Lindsey Mote Photography & Design, a wholly-owned subsidiary of Mote Marketing, inc., and materials on this website are provided "as is" for your convenience. Although every effort is made to ensure that the material within this website is accurate and timely, we make no warranties or representations as to the accuracy or completeness of the contents, whether the contents are current, or free from changes caused by third parties.
By using this site in any manner, you expressly agree that you do so at your own risk, and that Lindsey Mote Photography & Design, a wholly-owned subsidiary of Mote Marketing, inc., and any directors, officers, employees or other representatives thereof shall not be liable for damages arising from the operation, content or use of this website. You further agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential damages. Lindsey Mote Photography & Design, a wholly-owned subsidiary of Mote Marketing, inc., expressly disclaims all warranties, expressed or implied, of any and every kind, with respect to the site and its use, including but not limited to fitness for a particular purpose, and assumes no liability for interruptions, errors, computer viruses or other hazards resulting from your use of this site.
Reservation of Rights, and Stipulation of Jurisdiction and Venue:
Our failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right to do so with respect to any other term, time or occasion. By using the Lindsey Mote Photography & Design website in any manner, you expressly agree that any legal action brought against Lindsey Mote Photography & Design, or any representative(s), employee(s) or agent(s) thereof, shall be governed by the laws of the State of Colorado, without regard to its conflict of law principles. You further agree that the sole jurisdiction and venue for any litigation arising from your use of this web site shall be the appropriate city, county, state or federal court located in the County of El paso in the State of Colorado.
Inquiries regarding proprietary rights and requests for commercial use may be directed to Lindsey Mote through this website. For questions regarding this Agreement or our policies, please click here to contact us by email.
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