Terms and Conditions

Use of this website constitutes acceptance of and agreement with the terms of use set forth here, which terms may change from time to time and will be effective at the time of posting to this site. Use of this website after any such changes constitutes consent to such changes. The user is responsible for regularly reviewing the “Terms of Use.” Access to this website may be terminated at any time without notice. The last update to “Terms of Use” are effective as of August 25, 2015.

dawn-alexandra.com contains content, photographs, designs, graphics, images, recordings, advertisements, animation and other material that are protected by copyright, trademark and other intellectual or proprietary rights owned by us and/or third parties. Users may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

This website and the information provided are for individual, non-commercial use. Any other use is strictly prohibited, including without limitation, copying, modification, republication, deletion, transmission, distribution, uploading, downloading, posting, reproduction, redistribution and any other dissemination. Users may not use any information from this website, directly or indirectly, for purposes of marketing, solicitation, telemarketing, e-mailing or direct marketing. Users may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website or any information or content which is a part of or linked to this website. Users may not extract information about usage or users of dawn-alexandra.com. Users may not use this website or any information, content or links for any illegal or immoral purpose or to transmit to or through this site or to or through any illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic or other objectionable material. Users shall not post or transmit through dawn-alexandra.com any material which advertises or otherwise solicits funds or is a solicitation for goods or services.

Links to other websites are for users’ convenience. We are not responsible for the content or privacy of any linked site or any link contained in a linked site. We reserve the right to terminate a link at any time. Links to other websites in no way constitute an endorsement or approval by us of that site, content, firm or services referenced there. Users are responsible for checking the applicable terms of use and privacy policy of the linked sites. Accessing any link is solely at the user’s own risk.

By virtue of use of dawn-alexandra.com, users are granted a nonexclusive, nontransferable, revocable, limited license to access and use the website solely in accordance with these Terms of Use. We may terminate this license at any time for any reason. We reserve the right to revise any or all of this website and content and to modify any features, specifications, or materials without notice. By accessing or use of this website, users grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute materials and information generated by the user through use of the website.

We make no representation, warranty or guarantee regarding the availability or performance of dawn-alexandra.com or its content. Although we try to provide accurate information, we cannot and do not represent, warrant or guarantee such accuracy, and users should not assume that the materials on this site are continuously updated or otherwise contain current information. Any use of dawn-alexandra.com and reliance upon any information provided through it shall be at the user’s sole risk. In no event will Alexandra's Photography, it’s owners, operators, affiliates, listed firms, consultants, services or content providers or any other person related or contributing to this site, including any site linked to or from dawn-alexandra.com, be responsible or liable to any person for any loss, damage, injury, claim, liability, or other matter arising out of or relating to this website or any information provided on or through this site, including but not limited to any information contained in or omitted from the website, any person’s reliance on any such information, and services provided (or the failure to provide services) by any company, firm, consultant, or service provider.

THE WEBSITE AND INFORMATION PROVIDED ARE “AS IS, WHERE IS,” AND WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OWNERSHIP, TITLE, VALIDITY, AND LEGALITY OF ANY CONTENT. IN NO EVENT SHALL CASHMAN PHOTO ENTERPRISES, ITS OWNERS, OPERATORS, AFFILIATES, LISTED ATTORNEYS, LAW FIRMS, CONSULTANTS, SERVICES OR CONTENT PROVIDERS OR ANY OTHER PERSON RELATED OR CONTRIBUTING TO THIS SITE, INCLUDING ANY SITE LINKED TO OR FROM THIS WEBSITE BE LIABLE FOR ANY SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, REPLACEMENT COST, DAMAGES FROM USE OR RELIANCE ON INFORMATION PRESENTED IN OR THROUGH THIS SITE, OR ANY CLAIMS BY ANY PERSON WITH RESPECT TO THE WEBSITE, THE INFORMATION PROVIDED, OR LINKED SITES, WHETHER BASED UPON CONTRACT OR TORT INCLUDING NEGLIGENCE. REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS/WORM, INTERNET, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT WITHIN OUR CONTROL.

User agrees to indemnify and hold harmless Alexandra's Photography, its owners, operators, affiliates, listing companies, firms, consultants, services or content providers or any other person related or contributing to this site, including any site inked to or from dawn-alexandra.com, and their respective directors, officers, employees, and agents from and against all claims, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of user’s use of this website, any breach of the Terms of Use, and any violation of law, including, without limitation, any communication by user which is claimed to be defamatory, obscene or otherwise unlawful or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties.

Any person listing services or products with us or providing information through dawn-alexandra.com shall be bound by these Terms of Use, and shall, in addition to the foregoing indemnification, further indemnify and hold harmless Alexandra's Photography, its owners, operators, affiliates, other listing companies, firms, consultants, services or content providers or any other person related or contributing to this site, including any site linked to or from this website, and their respective directors, officers, employees, and agents, from and against any claims, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to such person’s provision of services or failure to so provide. Listing persons shall advise us immediately in writing of any of the following events: loss of license, suspension, incarceration, bankruptcy, receivership, change of material information, material adverse legal or professional action (civil action exceeding $100,000 or any criminal or state bar action), or similar circumstance. In addition to the other conditions of termination and other rights set forth in the Terms of Use, we reserve the right to immediately terminate such listing in any such event and in the event that complaints are received or proceedings or other circumstances occur that in our opinion make the listing inappropriate.

User agrees that we may take any action regarding suspected unlawful activity including reporting, disclosing information relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the website.

All matters relating to user’s access and use of this site are governed by the laws of the United States and the State of Missouri. With respect to any actions arising out of or relating to user’s access or use of dawn-alexandra.com and information, user consents to the exclusive jurisdiction and venue of Dawn County, Missouri if in state court. User shall pay any damages related to user’s violation of these Terms of Use including our costs, fees and expenses as they are reasonably incurred (including attorney fees and court costs).

These Terms of Use constitutes our sole and entire agreement with respect to user’s access to and use of the website. If any provision of these Terms of Use is held by a court of proper jurisdiction to be unlawful, void or unenforceable, such provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.