Terms and Conditions

 Terms and Conditions

Last updated: May 1, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the BrettHigginsPhotography.com website (the “Service”) operated by Brett Higgins aka Capturing The Elements, Beyond The Photograph (“us”, “we”, or “our”), author of Photo Notes, and all derivative works protected under copyright law.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms shall apply to all visitors, users and accessors who wish to utilize the Service. By accessing or utilizing the Service you hereby agree to be bound by these Terms. If you disagree with any part of the terms then you agree that you do not have permission to access the Service.

Intellectual Property

The Service and all original content herein are the exclusive property of BrettHigginsPhotography.com and its licensors. The Service is hereby protected by copyright, trademark, and all other laws of the United States and other countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Brett Higgins

Links To Other Web Sites

Our Service may contain links to third party websites or services that are not owned or controlled by BrettHigginsPhotography.com. BrettHigginsPhotography.com and its owner, Brett Higgins has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and you also agree that BrettHigginsPhotography.com shall not be responsible nor liable, directly or indirectly, for any damage or losses caused or alleged to be caused in connection with use of or reliance on any such content, goods or services obtained through any such third party websites or services. You are strongly advised to read the terms and conditions and privacy policies of any third party websites or services you choose to visit.


You hereby agree to defend, indemnify and hold harmless BrettHigginsPhotography.com and its licensee and licensors, employees, contractors, agents, officers, and directors against any and all claims, damages, obligations, losses, liabilities, cost, debt, expenses (including but not limited to attorney’s fees), resulting from or arising from your use and access of the Service, or breach of these Terms set forth herein.

Limitation Of Liability

In no event shall BrettHigginsPhotography.com, nor its directors, employees, partners, agents or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages including and without limitation to loss of profits, data, use, good will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BrettHigginsPhotography.com its subsidiaries, affiliates, and licensors do not warrant that the Service will function uninterrupted, secure, or available at any certain time or location, and; b) any errors or defects will be corrected, and; c) that the Service is free of viruses or other harmful components, or; d) that the results of using the Service is guaranteed to meet your requirements, needs, or expectations.


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Arizona, in the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable in a court of law, the remaining provisions of the Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Service, and supersede and replace any prior agreements that may have existed between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace the Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to utilize the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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