Terms of Service

Last Modified: September 21, 2022

Welcome to SALEMROBERTS.COM. These terms and conditions (“Terms”) govern and apply to anyone accessing or using the websites located at www.salemroberts.com, our blog(s), and any other website(s) owned and/or operated by SALEMROBERTS.COM (including any of its subsidiaries or corporate affiliates, collectively, “Salem Roberts" "we," "us" or "our") and any of their associated web pages (collectively, our “Services”).

Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand, and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.

Salem Roberts reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Salem Roberts will notify you by posting the revised Terms on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services.

Salem Roberts may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall each survive such termination.

This page details the current Terms and Conditions for Salem Roberts. By clicking “I have read and agree to the terms above” you accept these Terms and Conditions.

Thank you for booking a portrait photography session with Salem Roberts ("me/I/my/the photographer"). Please read these Terms and Conditions carefully, as they apply to your ("you/the client") booking ("Photography Services/photo shoot session/sitting").

I am happy to answer any questions or concerns you may have in relation to these terms and conditions at any time. However, continuing with your booking means you are agreeing with these terms.

I reserve the right to change these Terms and Conditions at any time, and I will give reasonable notice to you if this happens.

GENERAL

These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of the United States.

ACCEPTANCE

Your booking and/or Session Fee payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognized unless explicitly agreed to in writing.

Any booking or payment made to me indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.

STAYING COVID SECURE

If you are experiencing any of the known symptoms of Covid-19, or if you have been in contact with anyone who has recently experienced symptoms, or if you or any member of your household has been asked to self-isolate, then please inform me immediately so we can rearrange your shoot.

If we need to reschedule your photoshoot booking due to you or someone in your household experiencing symptoms of Covid-19, and/or due to a regional or national lockdown which prevents me from operating my studio or prohibits non-essential travel, then this will need to be booked in and taken within three months of the original booking date.

COPYRIGHT & OWNERSHIP

The copyright and all other rights in the Photos shall be retained by Salem Roberts. The Photographer asserts the right to be credited as the author of the Photos. Any unauthorized reproduction or modification of any images will constitute a breach of copyright. This includes making copies or 'screen shots' of images shared by the photographer online.

Sometimes the photographer may share previews or "sneak peeks" of your images, or give you access to an online gallery of images. These images must not be copied, screenshot, downloaded, edited or altered in any way.

If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer's company name (Salem Roberts) and social media page or Website (salemroberts.com) in your posts.

Clients are not permitted to take their own photographs at any portrait photography session.

RESCHEDULING & REFUNDS/CANCELLATIONS

Sometimes it is necessary for the photographer or client to reschedule, for example due to injury or serious illness. If there are unavoidable circumstances that affect your ability to take part in our photo shoot session, then I am happy for us to reschedule once, within a three-month period. Please let me know as soon as possible that you can no longer make the session, and at least 48 hours in advance.

Please note that any new date will be subject to the Photographer's availability. I shall use reasonable endeavor to arrange an alternative date for your photo shoot session.

Please note that in the lead-up to Christmas and other special occasions, rescheduling may not be possible until the following year.

In the event that we cannot agree another date, or if you are unable to attend your re-booked session, then your session fee will be lost.

Please note that all Session Fees, Gift Certificates, and Tips are non-refundable.

HEALTH

If you are taken ill by an infectious disease, you must let me know and rearrange your session until you are fully recovered and no longer contagious. This is to protect the health of all my clients, who often include newborns.

Please inform me on booking if you or anyone attending your photography session suffers from any health conditions including allergies, photosensitive epilepsy, medical issues, physical difficulties and disabilities etc.

MY OBLIGATIONS

I will use reasonable endeavors to supply the Photography Services described on my website and marketing materials in a professional manner.

I reserve the right to decline to book or carry out any portrait session or services that I deem to pose a health and safety risk to you, myself, my assistant, or other people.

YOUR OBLIGATIONS

You agree to assist and cooperate with me in all matters relating to the Photography Services and to supply me with all information reasonably requested in order for me to carry out the Photography Services. You agree to do everything you can and that I request of you to ensure that everyone attending the photoshoot is well-rested and cooperative (e.g. no sugary food or drinks before or during the shoot; timing naps and feeds to ensure children are at their best for the agreed start time; staying calm, positive and encouraging; getting involved with the games, activities and instructions given by the photographer etc). Although I will do everything I can to make the experience engaging and enjoyable, you understand that I am not responsible for any photoshoot participants who refuse to cooperate, and that this may impact on the number and quality of the images I am able to capture.

It's not always possible to remove snot, sleep crusts, food crumbs or dribble and is rarely possible to fix creases and hair in Photoshop. In addition, it always looks better to fix these things beforehand, so please make sure everything is how you want it to look in the final images before we take any pictures.

You agree to take responsibility for your own and your child(ren)'s safety throughout your portrait session, recognizing that there are additional hazards to watch out for in a professional photography studio, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. If your child(ren) is posed in, on or near a prop or another member of your family, you agree to remain nearby, vigilant and responsible for their safety at all times.

You agree not to take pictures on your own camera or phone during the portrait session or reveal, nor to take screenshots from your online gallery.

SESSION TIMES & DURATION

Please make every effort to arrive on time for your session and please let me know as soon as possible if you anticipate arriving late. If you are less than fifteen minutes late, your session length may be reduced accordingly. If you are more than fifteen minutes late, your session may be canceled, with no re-shoot provided.

If a session duration is not specified as part of your package, I will end the session at my discretion when I determine that adequate images in terms of quality and quantity have been captured.

CREATIVE LICENCE

You grant the photographer full creative license to shoot, select images, edit images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.

SPECIAL IMAGE REQUESTS

I will make every effort to comply with requests for specific photos. Please ensure these are notified to me in advance of the shoot. Requests that are felt to be unsafe will be refused. It may not be possible for all of the images requested, or those expected, to be captured.

SHORTLISTING & EDITING

Your photographer will carry out any shortlisting and editing necessary to prepare the portraits for your viewing and selection.

The photographer's choice of image selection is final. Additional editing can be requested but is delivered at the photographer's discretion and may incur additional charges.

ORDER SALES & FULFILLMENT

Due to the nature of custom photography, all orders are final and cannot be cancelled or refunded. Please note that any special offers and discounts only apply to your initial ordering window.

IMAGE ARCHIVING

Salem Roberts will keep all images on archive for one month from the date of your photo shoot session, after which they may be permanently deleted.

It is your responsibility to backup any digital files you receive. Please create multiple backups on different devices, and ensure the safe keeping of any prints, albums or other products.

DATA PROTECTION

Salem Roberts will store Client names, contact details and session information privately and will not share these with any other business or organization. A separate Privacy Policy is available on request.

LIABILITY

In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond my control, my liability shall be limited to a reschedule or reshoot.

I will not be liable for any acts, events, omissions or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or sub-contractors.

The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.

In the event of incapacitating illness or injury to the Photographer, I will have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then I shall refund to you any fee paid in relation to the interrupted Photo Services in full.

Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. Salem Roberts cannot be held responsible for any personal accidents during a photographic shoot.

Salem Roberts is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.

Salem Roberts holds general liability insurance.

IMAGE PERMISSIONS RELEASE

Being able to share the photographs I capture is an essential part of running a photography business. General Data Protection Regulation (GDPR) requires that I make clear how your images may be used, and collect your consent for this use. I don't include surnames or address details more specific than a town or city.

By accepting these Terms and Conditions you agree to provide consent for images captured by Salem Roberts to be used for: Photography qualifications and awards, Editorial (e.g. blog about your shoot on salemroberts.com), salemroberts.com website (e.g. on my portfolio), Business promotion (e.g. leaflets, brochures, adverts, postcards etc), Social Media (e.g. a sneak peek from your shoot on Instagram & Facebook).

INVOICES

All invoices are due upon receipt and subject to an additional 10% late payment fee— after 5 days— if left unpaid.

All invoices that remain unpaid after 30 days will be charged if there is a card on file. Saving your card on file authorizes SALEM ROBERTS, LLC to charge your card for any work contracted.

All invoices that are unable to be charged or remain unpaid after 90 days will be sent to collections.

CANCELLATION

You can cancel your Subscription or Project at any time. Please note that if you choose to cancel your Subscription or Project, you must give 30 days notice and cancel before your Subscription will renew for a subsequent month in order to avoid being charged for the next month's Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the next-current monthly Subscription period. If you cancel your Project, the full contracted amount is still due.

NO REFUNDS AND FEES

REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION OR PROJECT. SALEM ROBERTS, LLC GUARANTEES THE QUALITY OF OUR WORK, BUT NOT THE OUTCOMES. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH, OR PROJECTS THAT ARE ABANDONED FOR ANY ISSUE OR REASON, INCLUDING "CHANGE OF MIND" OR A CUSTOMER'S LACK OF AVAILABILITY. In such circumstances, you will continue to have access to your Subscription until the end of the monthly billing cycle. While all Projects are non-cancelable, they may be postponed, delayed, and rescheduled without penalty and without time limit. Payments for all Subscriptions and Projects are due as specified, regardless of other issues. Projects that have not been completed after 90 DAYS due to the customer will be invoiced for the remaining amount of the contract if any amount has remained unpaid.

You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Salem Roberts to perform under this Agreement. You further agree that, upon registering for the services through the Site, or upon paying your first subscription plan invoice, you authorize Salem Roberts to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually), or for any unpaid balances due. Payment of the fees shall be in such amounts and at such times as set forth by Salem Roberts through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Salem Roberts that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

Promotions, upgrades, and adjustments to existing plans are non-refundable.

You, the client are responsible to use Salem Roberts after payment.

ACCESS TO AND USE OF THE SERVICES

Unless authorized in writing by Salem Roberts, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
violate any applicable laws, rules, or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of Salem Roberts.

For any portion of the Services that require a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s) if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

INTELLECTUAL PROPERTY

The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of Salem Roberts and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Salem Roberts be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.

The Services as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Salem Roberts, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.

CONTENT

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by Salem Roberts, and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Salem Roberts reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Salem Roberts in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT SALEM ROBERTS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by Salem Roberts, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.

CONTENT YOU PROVIDE (USER-GENERATED CONTENT)

Salem Roberts welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information (which use shall be governed by our Privacy Policy) (collectively, the "User-Generated Content") from you on the Services, including but not limited to on its blog, product detail webpages and elsewhere. You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, “Submit” or “Submission”, as appropriate) to the Services (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the Services.

By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Salem Roberts, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Salem Roberts or a third party to post User Generated Content to any public area of the Services, you grant Salem Roberts all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

In the event that you do not wish for Salem Roberts to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Salem Roberts, and Salem Roberts makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Salem Roberts reserves the right to remove any User Generated Content from the Services at any time and for any reason.

LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION OF THE CONTENT AND SERVICES

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.

You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Salem Roberts. Use of any of Salem Roberts’ trademarks as metatags on other networks is also strictly prohibited.

Salem Roberts may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have Salem Roberts’ written permission.

UNAUTHORIZED USE OF THE WEBSITE

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.

You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated devices on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

LINKING TO THE SERVICES

If Salem Roberts authorizes you to deep-link your website or service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Salem Roberts has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Salem Roberts and its technology and Content, including all ownership rights, remain the exclusive property of Salem Roberts; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Salem Roberts may terminate your access to the Services at any time in its sole discretion.

Salem Roberts reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Salem Roberts’ sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.

TERMS OF SALE; RISK OF LOSS

By placing an order with Salem Roberts, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of order confirmation does not constitute Salem Roberts’ acceptance of an order. We retain the right to refuse any request made by you.

Prior to Salem Roberts’ acceptance of an order, verification of information may be required. Salem Roberts reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Salem Roberts, for any reason whatsoever. Salem Roberts reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Salem Roberts shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, Salem Roberts shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions, and offers described on our Services and Shop are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.

Session Fees and Tips are not eligible to be tax-deductible and are also non-refundable.

Please see our Customer Care webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Salem Roberts reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by Salem Roberts as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).

The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.

REPORTING

If you see objectionable content or have any questions about these Terms, please contact Salem Roberts at the address noted below.

OFFLINE CONDUCT

Although Salem Roberts cannot monitor the conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

VIOLATION OF THESE TERMS

You agree that monetary damages may not provide a sufficient remedy to Salem Roberts for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

DISCLAIMER AND LIMITATION OF LIABILITY

A. Disclaimer. SALEM ROBERTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY SALEM ROBERTS OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY SALEM ROBERTS ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, SALEM ROBERTS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. SALEM ROBERTSMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.

SOME STATES OR JURISDICTIONS INCLUDING NEW JERSEY DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN NEW JERSEY OR IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability. IN NO EVENT SHALL SALEM ROBERTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SALEM ROBERTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, SALEM ROBERTS’ LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

THIS LIMITATION OF LIABILITY PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS IN OTHER STATES OR JURISDICTIONS THAT MAY VIEW SUCH PROVISIONS AS UNENFORCEABLE OR ILLEGAL.

C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

INDEMNITY

You agree to indemnify, defend and hold harmless Salem Roberts, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Salem Roberts and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Salem Roberts reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Salem Roberts in asserting any available defenses.

This indemnity provision does not apply to New Jersey residents or residents of other states or jurisdictions that may view such provisions as unenforceable or illegal.

MODIFICATION/TERMINATION OF SERVICES

In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Salem Roberts shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.

GENERAL LEGAL PROVISIONS

These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Salem Roberts as a result of these Terms or use of the Services.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Salem Roberts’ performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Salem Roberts’ right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Salem Roberts, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Salem Roberts. Any rights not expressly granted herein are reserved by Salem Roberts.

COPYRIGHT POLICY

Salem Roberts’ policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on or through our Services;
your address, telephone number, and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Salem Roberts’ Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Legal Department
Salem Roberts, LLC
Attn: Counsel
2035 Sunset Lake Road
Suite B-2
Newark, Delaware 19702
Telephone: +1 (877) 657-2536
Email: legal@salemroberts.com

TRADEMARKS

Salem Roberts and all related names, logos, product and service names, designs and slogans are trademarks of SALEMROBERTS.COM or its affiliates or licensors. Such marks cannot be used without the prior written permission of Salem Roberts. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

For more information on the trademarks of Salem Roberts, LLC. please contact us at the address noted above.