PROPRIETARY CONTENT, DISCLAIMER AND PAYMENT SECURITY

Use Of This Website

By reading or using this website, you indicate your acceptance and agreement with the following terms, information, disclaimers and conditions. If you do not accept these terms, you are not authorized to use this website or view any of the information or contents herein.

General Disclaimer

This website is made available to the general public strictly to view the information available on the Photographers Trail Notes Web site for informational purposes only. However, the text, concept, information, KMZ trail files, maps and images located throughout this site are proprietary information and may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of Photographers Trail Notes LLC (hereinafter referred to as “PTN”).

The Information provided on this site was done to the best of our ability using available information at the time of chronicling. However, locations, trails, directions, and other key aspects of the information provided can change over time and may now be different from when it was recorded on this site. We therefore make no representation or warranty of any kind, either express or implied (including any express or implied warranty of merchantability, or fitness for a particular purpose) with respect to such information including the completeness, accuracy, reliability, suitability, or accessibility of any such information. Any reliance you place on such information is therefore strictly at your sole risk.

Third Party Information Disclaimer

Certain links on this site lead to websites controlled by other parties over whom PTN’ has no control. Therefore, PTN makes no representation or warranty concerning the content or accuracy of third-party information and expressly disclaims any liability therefore. Links from PTN to third-party sites do not constitute an endorsement by PTN with respect to such third-parties or their products and services. The appearance on the web site of product or service information does not constitute an endorsement by PTN.

Copyright & Trademark

This website and all the information it contains, including, but not limited to, information, opinions, text, designs, illustrations, photographs, guides, KMZ trail file, maps, trademarks, trade names, service marks and logos ("Protected Information") are the property of PTN, its contributors, and licensors and is protected from unauthorized use, copying, distribution and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. All rights reserved. All such Protected Information is to be used only in conjunction with this website and except as expressly allowed as indicated in this website, you may not use our Protected Information without PTN's express written consent. By your use of this website, you agree and acknowledge that the Protected Information is valuable property and that other than any specific and limited license for the use of such Protected Information, you shall not acquire any ownership rights to the same. You are not authorized to use this website or the Protected Information for any commercial purposes without first obtaining a written license from PTN. PTN reserves the right to immediately cancel or terminate any subscription and/or your access to this website or the Protected information as a result of any unauthorized use contrary to the terms and conditions stated in this website.

Photographers Trail Notes, PTN, the Photographer’s Trail Notes logo, the Protected Information, and all services provided herein are trademarks of PTN. Nothing herein grants you the right to use such information without the express written consent of PTN.

Subscription and Payment Security

PTN uses a third-party payment service provider, MemberSpace, for the processing of memberships - and payments are processed by Stripe.

PTN does not receive, retain or have access to any credit card or personal information.

Electronic Communications

By your use of this website and/or the information provided herein, you acknowledge and agree to transact with us electronically and that all communications with us will be electronically and will satisfy and comply with any legal requirement that such transactions, contracts and communications be in writing.

PTN’s Right to Amend.

PTN reserves the right to update, modify and amend the terms and conditions contained in this website at any time, and which shall become effective immediately. By your continued use of this website, you provide your consent and agreement to any such updates, modifications or amendments and agree to be bound by the same.

Release Of Claims And Indemnity

Your use of this website and/or the information provided herein, constitutes your agreement to release, indemnify, protect, defend and hold harmless ptn, its owners, directors, officers, employees, agents, contributors, or licensors (collectively the ‘company group”) from and against any and all claims for bodily injury, illness, or death, and loss, damage, destruction of personal property, loss of profits that you may suffer, regardless of however the same may be caused, and without regard to whether any such claim is caused, in whole or in part, by the negligence (whether sole, joint or concurrent; active or passive), strict liability, statutory liability, contractual liability or other fault of any member of the company group or by any false, incorrect or erroneous information provided by virtue of this website (whether or not known, unknown or otherwise).

Waiver Of Consequential And Other Special Damages

By your use of this website and/or the information provided herein, you agree that neither ptn, its owners, directors, officers, employees, agents, contributors, or licensors (collectively “company group”) shall be liable for any special, indirect, consequential, exemplary or punitive damages resulting from or arising out of any subscription purchased, your use of this website, or any information provided herein, including, without limitation, damages arising from bodily injury, illness, or death, and loss, damage, destruction of personal property, loss of profits, however same may be caused. The waiver of damages shall survive despite termination of any services or the expiration or termination of any subscription agreement.

Limitation Of Damages

By your use of this website and/or the information provided herein, you agree that the total aggregate liability of the company group to you for all damages, losses, claims and causes of action (whether in contract or tort, including without limitation, those resulting from or arising from negligence, (whether sole, joint or concurrent; active or passive), strict liability, statutory liability, contractual liability or other fault as a result of your use of this website and/or the information provided herein shall be limited to, and not exceed, the amount, if any, paid by you to or for the benefit of, ptn for any subscription obtained.

Choice Of Law, Jurisdiction And Venue

All claims and disputes arising out your use of this website, any subscription purchases herein, and/or your use of any information provided in this website shall be shall be governed by and construed in accordance with the laws of the state of Texas without regard to any conflict of laws rule which would result in the application of the laws of any other jurisdiction. Your use of this website or the information provided herein, constitues your agreement to submit to the exclusive jurisdiction of the state and federal courts sitting in Harris County, Texas with respect to any claims or disputes relating to or arising out of any subscription purchased, your use of this website, and/or any information provided herein.

Injunction Relief

The Parties agree that PTN would be irreparably injured and is entitled to seek equitable relief (including without limitation, the granting of injunctive relief in PTN’s favor) without the necessity of posting bond or other security, if you use the Protected Information contrary to the terms and conditions set forth in this website. Equitable relief will not be exclusive of other remedies to which PTN may be entitled at law or in equity

Attorney’s Fees

In the event PTN is required to employ legal counsel or initiate a civil action or other legal proceeding to enforce the terms and conditions contained in this website, PTN is entitled to recover its reasonable attorneys’ fees (including court costs) in connection with such civil action or other legal proceeding.

Notices

Notices to PTN may be sent via U.S. Mail, or courier,

to the following address:

Photographers Trail Notes LLC

Sugar Land, Texas 77479

Force Majeure

PTN’s obligations and your use of this website may be suspended from time to time so long as a Force Majeure Event occurs. A Force Majeure Event” shall mean an event or occurrence, or the continuation or consequences of such even or occurrence, that is beyond the control of PTC that reasonably precludes it’s performance and could not reasonably have been prevented, anticipated, or provided against; provided that, only one or more of the following categories of events shall be considered a Force Majeure Event: (a) acts of God including events caused by natural physical disasters, storms, (b) compliance with any directive, decree, or moratorium of any government agency with competent power and jurisdiction, (c) an act or inaction by any government, governmental agency, or instrumentality with competent power and jurisdiction, (d) man-made disasters and events including acts of terrorism, website hacking or interference, (e) any other act, event or cause beyond the reasonable control of PTN or any member of Company Group. PTN shall not be liable for any losses or damages that you may suffer or incur as a result of any Force Majeure Event.

Non-Assignability

Your use of this Website is a personal right granted only to you pursuant to the terms and conditions as set forth in this Website. You may not assign or transfer any rights granted to you without the express written consent of PTN. Any attempted assignment or transfer without the prior written consent of PTN shall be null and void.

Unenforceability

In the event any provision in this website is held to be void or unenforceable, then any such provision shall be deemed to be excluded; provided however, the remainder of the terms and conditions as set forth in this website shall remain in full force and effect.

Entire Agreement

The terms and conditions as set forth in this website comprises the full and complete agreement between you and PTN and supersedes and cancels all prior communications and understandings (whether written or oral, expressed or implied) relating to the use of this website or the Protected Information contained herein.

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