Terms of Use

Thank you for visiting mikefoxphotography.com. We have prepared the information below to ensure that your experience on our website is one you’ll want to repeat again and again. Mike Fox Photography provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of mikefoxphotography.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since Mike Fox Photography may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Legal Information

This website is expressly owned and operated by Mike Fox Photography. The mailing address for Mike Fox Photography is 3506 N Hampton Ct Pearland TX 77584. Unless otherwise noted, all design and content featured on mikefoxphotography.com-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Mike Fox Photography. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Mike Fox Photography. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Mike Fox Photography. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Limitation of Liability

Given the unpredictability of technology and the online environment, Mike Fox Photography does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Mike Fox Photography shall not be liable for damages of any kind related to your use of or inability to access this website.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on mikefoxphotography.com  may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event an Mike Fox Photography product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Mike Fox Photography shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mike Fox Photography shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mike Fox Photography shall issue a credit to your credit card account in the amount of the incorrect price.

Indemnification

You agree to indemnify, defend, and hold harmless Mike Fox Photography, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Correspondence

Although we will make every effort to respond quickly to applicable email messages, mikefoxphotography.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding mikefoxphotography.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through mikefoxphotography.com shall become and remain the property of Mike Fox Photography. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Mike Fox Photography Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Urban Outfitters, Inc. and its subsidiaries including Mike Fox Photography. (together, “Mike Fox Photography”) agree that any controversy, claim, action, or dispute in any way related to your use of any Mike Fox Photography website, any purchase from Mike Fox Photography, or to any products or services sold or distributed by Mike Fox Photography (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Informal Dispute Resolution.

Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Mike Fox Photography at:

3506 N Hampton Ct

Pearland TX 77584

or:

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Mike Fox Photography agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Scope of Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Mike Fox Photography agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Mike Fox Photography expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

Right to Bring Small Claims in Court.

Instead of arbitration, either you or Mike Fox Photography may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

How Arbitration Works.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Mike Fox Photography will reimburse those fees in an amount up to $10,000. Mike Fox Photography also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Mike Fox Photography agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Mike Fox Photography hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Mike Fox Photography and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.