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Terms & Conditions

A LEGAL DISCLAIMER

Agreement between User and www.bradiantphotography.com

 

Welcome to www.bradiantphotography.com. The www.bradiantphotography.comwebsite (the "Site") is comprised of various web pages operated by B Radiant LLC ("BRP LLC"). www.bradiantphotography.com is oEered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.bradiantphotography.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference www.bradiantphotography.com is an E-Commerce Site.

The purpose of this website is to give a customer a look into what type of service they would like to purchase.

TERMS & CONDITIONS - THE BASICS

Privacy

Your use of www.bradiantphotography.com is subject to BRP LLC's Privacy Policy. Please

review our Privacy Policy, which also governs the Site and informs users of our data

collection practices.

Electronic Communications

Visiting www.bradiantphotography.com or sending emails to BRP LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account

and password and for restricting access to your computer, and you agree to accept

responsibility for all activities that occur under your account or password. You may not

assign or otherwise transfer your account to any other person or entity. You acknowledge

that BRP LLC is not responsible for third party access to your account that results from

theft or misappropriation of your account. BRP LLC and its associates reserve the right to

refuse or cancel service, terminate accounts, or remove or edit content in our sole

discretion.

Services

Children Under Thirteen

BRP LLC does not knowingly collect, either online or oEline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bradiantphotography.com only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. There are no refunds unless deem absolutely necessary. Please contact click here to submit a request for all cancellations, refunds and/or returns. 

Links to Third Party Sites/Third Party Services

www.bradiantphotography.commay contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BRP LLC and BRP LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BRP LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BRP LLC of the site or any association with its operators.

Certain services made available via www.bradiantphotography.com are delivered by third party sites and organizations. By using any product, service or functionality originating from  the www.bradiantphotography.com domain, you hereby acknowledge and consent that BRP LLC may share such information and data with any third party with whom BRP LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.bradiantphotography.com users and customers. 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.bradiantphotography.com strictly in accordance with these terms of use. As a

condition of your use of the Site, you warrant to BRP LLC that you will not use the Site for

any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any

manner which could damage, disable, overburden, or impair the Site or interfere with any

other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any

materials or information through any means not intentionally made available or provided

for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as

the compilation thereof, and any software used on the Site, is the property of BRP LLC or its

suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary

notices, legends or other restrictions contained in any such content and will not make any

changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,

create derivative works, or in any way exploit any of the content, in whole or in part, found

on the Site. BRP LLC content is not for resale. Your use of the Site does not entitle you to

make any unauthorized use of any protected content, and you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content

solely for your personal use and will make no other use of the content without the express

written permission of BRP LLC and the copyright owner. You agree that you do not acquire

any ownership rights in any protected content. We do not grant you any licenses, express or

implied, to the intellectual property of BRP LLC or our licensors except as expressly

authorized by these Terms.

International Users

The Service is controlled, operated and administered by BRP LLC from our offices within

the USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the BRP LLC Content

accessed through www.bradiantphotography.com in any country or in any manner

prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless BRP LLC, its offices, directors,

employees, agents and third parties, for any losses, costs, liabilities and expenses

(including reasonable attorney's fees) relating to or arising out of your use of or inability to

use the Site or services, any user postings made by you, your violation of any terms of this

Agreement or your violation of any rights of a third party, or your violation of any applicable

laws, rules or regulations. BRP LLC reserves the right, at its own cost, to assume the

exclusive defense and control of any matter otherwise subject to indemnification by you, in

which event you will fully cooperate with BRP LLC in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort,

or otherwise at law or in equity for damages or any other relief, then such dispute shall be

resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,

conducted by a single neutral arbitrator and administered by the American Arbitration

Association, or a similar arbitration service selected by the parties, in a location mutually

agreed upon by the parties. The arbitrator's award shall be final, and judgment may be

entered upon it in any court having jurisdiction. In the event that any legal or equitable

action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the

prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The

parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or

any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties

agree that the Federal Arbitration Act governs the interpretation and enforcement of this

provision. The entire dispute, including the scope and enforceability of this arbitration

provision shall be determined by the Arbitrator. This arbitration provision shall survive the

termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis;

class arbitrations and class/representative/collective actions are not permitted. THE

PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE

CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF

A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you

and BRP LLC agree otherwise, the arbitrator may not consolidate more than one person's

claims and may not otherwise preside over any form of a representative or class

proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE

THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. B RADIANT LLC

AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT

ANY TIME.

B RADIANT PHOTOGRAPHY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS

ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED

ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE

LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. B

RADIANT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND

CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL B

RADIANT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,

INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER

INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE

SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE

SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF B RADIANT

LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION

OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION

MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR

WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

BRP LLC reserves the right, in its sole discretion, to terminate your access to the Site and

the related services or any portion thereof at any time, without notice. To the maximum

extent permitted by law, this agreement is governed by the laws of the State of Virginia, and

you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all

disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in

any jurisdiction that does not give eEect to all provisions of these Terms, including, without

limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists

between you and BRP LLC as a result of this agreement or use of the Site. BRP LLC's

performance of this agreement is subject to existing laws and legal process, and nothing

contained in this agreement is in derogation of BRP LLC's right to comply with

governmental, court and law enforcement requests or requirements relating to your use of

the Site or information provided to or gathered by BRP LLC with respect to such use. If any

part of this agreement is determined to be invalid or unenforceable pursuant to applicable

law including, but not limited to, the warranty disclaimers and liability limitations set forth

above, then the invalid or unenforceable provision will be deemed superseded by a valid,

enforceable provision that most closely matches the intent of the original provision and the

remainder of the agreement shall continue in eEect.

Unless otherwise specified herein, this agreement constitutes the entire agreement

between the user and BRP LLC with respect to the Site and it supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral, or written,

between the user and BRP LLC with respect to the Site. A printed version of this agreement

and of any notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this agreement to the same extent and subject to the

same conditions as other business documents and records originally generated and

maintained in printed form. It is the express wish to the parties that this agreement and all

related documents be written in English.

Changes to Terms

BRP LLC reserves the right, in its sole discretion, to change the Terms under which

www.bradiantphotography.com is oEered. The most current version of the Terms will

supersede all previous versions. BRP LLC encourages you to periodically review the Terms

to stay informed of our updates.

Contact Us

BRP LLC welcomes your questions or comments regarding the Terms:

Email Address:

info@BRadiantPhotorgraphy.com

Telephone number:

8046870090

Effective as of January 01, 2024

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