Terms of use

TERMS OF USE These Terms of Use govern your access to and use of picsfromtheporch.com, including its websites, applications, software, physical locations, online stores, products, services, subscriptions, memberships, courses, events, communications, content, and related offerings. For purposes of these Terms of Use: * "picsfromtheporch.com," "we," "us," and "our" refer to the owner and operator of picsfromtheporch.com, together with its affiliates, subsidiaries, licensors, service providers, representatives, employees, officers, directors, contractors, successors, and assigns. * "Services" refers collectively to all websites, applications, software, products, services, content, physical locations, transactions, memberships, subscriptions, courses, events, and other offerings provided by or through picsfromtheporch.com. * "You" and "your" refer to any person or entity that accesses, uses, purchases, or interacts with the Services. By accessing or using the Services, creating an account, making a purchase, submitting information, clicking a button indicating acceptance, or otherwise interacting with picsfromtheporch.com, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Services. 1. Additional Terms and Policies These Terms of Use incorporate by reference any additional policies, notices, disclosures, agreements, order terms, product terms, refund policies, subscription terms, community guidelines, acceptable-use policies, and other terms made available by picsfromtheporch.com. The Privacy Policy of picsfromtheporch.com is also incorporated into these Terms of Use. Additional terms may apply to particular products, services, transactions, promotions, software, subscriptions, memberships, physical locations, or business relationships. If additional terms expressly conflict with these Terms of Use, the additional terms will control only with respect to the specific subject addressed by those additional terms. 2. Eligibility and Authority You must be legally capable of entering into a binding agreement to use the Services. Unless expressly permitted by picsfromtheporch.com, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. If you use the Services on behalf of a company, organization, employer, customer, or other entity, you represent and warrant that: * You have authority to bind that entity * The entity agrees to these Terms of Use * You have authority to provide any information submitted through the Services * Your use of the Services complies with all agreements and obligations applicable to that entity picsfromtheporch.com may refuse access to the Services to any person or entity at any time, to the extent permitted by law. 3. Changes to These Terms picsfromtheporch.com may modify, replace, amend, or update these Terms of Use at any time. Changes become effective when posted unless a different effective date is stated. Where required by applicable law, picsfromtheporch.com may provide additional notice of material changes. Your continued use of the Services after updated Terms of Use become effective constitutes your acceptance of the updated Terms of Use. You are responsible for periodically reviewing these Terms of Use. 4. Changes to the Services picsfromtheporch.com may, at any time and without liability: * Modify the Services * Add or remove features * Change pricing * Change product or service descriptions * Change eligibility requirements * Change usage limits * Change available payment methods * Suspend or discontinue any part of the Services * Restrict access to the Services * Correct errors or omissions * Replace products, services, software, or content * Introduce new requirements or policies picsfromtheporch.com does not guarantee that any product, service, feature, content, price, promotion, or functionality will remain available. 5. Accounts and Registration Certain Services may require you to create an account. You agree to provide accurate, current, complete, and truthful information. You are responsible for: * Maintaining the confidentiality of your login credentials * Restricting access to your account and devices * All activities conducted through your account * Promptly updating your account information * Promptly notifying picsfromtheporch.com of unauthorized access or suspected security issues You may not: * Share your account unless expressly permitted * Sell or transfer your account * Create an account using false information * Impersonate another person or entity * Create multiple accounts to avoid restrictions * Access another person's account without authorization picsfromtheporch.com may require identity verification, payment verification, business verification, or other information before allowing access to some Services. picsfromtheporch.com may suspend, restrict, or terminate an account if it believes the account is inaccurate, compromised, fraudulent, inactive, abusive, or being used in violation of these Terms. 6. Limited License to Use the Services Subject to your compliance with these Terms of Use, picsfromtheporch.com grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose. This license does not transfer ownership of any intellectual property or other rights. Except as expressly authorized in writing by picsfromtheporch.com, you may not: * Copy, reproduce, republish, distribute, sell, license, or commercialize the Services * Modify, adapt, translate, or create derivative works from the Services * Reverse engineer, decompile, disassemble, or attempt to discover source code * Scrape, crawl, index, download, harvest, or extract data or content * Use automated systems, bots, spiders, or similar technologies to access the Services * Use the Services to create or train a competing product, model, database, or service * Remove copyright, trademark, ownership, or attribution notices * Bypass access controls, usage restrictions, or security measures * Frame, mirror, embed, or reproduce any part of the Services * Use the Services for resale, service-bureau use, or unauthorized commercial purposes * Permit another party to engage in prohibited conduct All rights not expressly granted are reserved by picsfromtheporch.com. 7. Acceptable Use You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services to: * Violate any law, regulation, court order, or legal obligation * Infringe intellectual-property, privacy, publicity, contractual, or other rights * Commit or facilitate fraud, deception, abuse, harassment, or unlawful conduct * Transmit viruses, malware, harmful code, or destructive technologies * Interfere with the operation, security, availability, or performance of the Services * Gain unauthorized access to systems, accounts, networks, or information * Circumvent usage limits, payment requirements, access restrictions, or security controls * Send spam, unsolicited communications, or unlawful marketing * Collect information about others without authorization * Publish unlawful, defamatory, threatening, obscene, abusive, or harmful material * Misrepresent your identity, affiliation, qualifications, or authority * Use the Services for surveillance, exploitation, discrimination, or unlawful profiling * Generate, upload, distribute, or store illegal or infringing content * Conduct activities that could expose picsfromtheporch.com to liability, harm, or regulatory risk * Use the Services in any manner that picsfromtheporch.com determines is harmful, disruptive, abusive, or inconsistent with the intended use of the Services picsfromtheporch.com may determine, in its sole discretion, whether conduct violates these Terms. 8. User Content and Submissions The Services may allow you to submit, upload, transmit, publish, store, create, or provide information, text, images, audio, video, files, reviews, comments, prompts, messages, designs, data, or other materials. Collectively, these materials are referred to as "User Content." You retain any ownership rights you may have in User Content, subject to the rights granted in these Terms. By submitting User Content, you grant picsfromtheporch.com a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to: * Host * Store * Use * Reproduce * Copy * Modify * Adapt * Translate * Publish * Display * Perform * Distribute * Transmit * Create derivative works * Analyze * Process * Format * Promote * Commercialize * Otherwise use the User Content This license may be exercised through any media, technology, distribution method, or format now known or later developed, subject to applicable law and the Privacy Policy. You represent and warrant that: * You own or control all necessary rights in your User Content * You have permission to submit the User Content * The User Content is accurate where accuracy is required * The User Content does not violate any law or third-party right * The User Content does not contain confidential information you are not authorized to disclose * The use of the User Content by picsfromtheporch.com will not create liability for picsfromtheporch.com You are solely responsible for your User Content. 9. Feedback and Suggestions If you provide ideas, suggestions, recommendations, concepts, improvements, comments, or other feedback relating to picsfromtheporch.com or the Services, you agree that: * The feedback is not confidential * picsfromtheporch.com has no obligation to compensate or credit you * picsfromtheporch.com may use the feedback for any purpose * You assign to picsfromtheporch.com all rights you may have in the feedback * picsfromtheporch.com may develop, use, sell, license, or commercialize products or services based on the feedback 10. Monitoring, Moderation, and Removal picsfromtheporch.com may, but is not obligated to: * Monitor use of the Services * Review User Content * Remove or restrict content * Investigate suspected violations * Preserve information * Disclose information where legally permitted * Suspend or terminate users * Cooperate with law enforcement or government authorities picsfromtheporch.com is not responsible for monitoring all activity or User Content and does not endorse User Content submitted by users. 11. Third-Party Content, Services, and Links The Services may contain links to, integrations with, references to, or content from third-party websites, software, products, platforms, payment processors, service providers, advertisers, or other parties. Third-party services are not controlled by picsfromtheporch.com. picsfromtheporch.com does not guarantee or accept responsibility for: * Third-party products or services * Third-party content * Third-party availability * Third-party security * Third-party privacy practices * Third-party statements * Third-party transactions * Third-party accuracy * Third-party conduct Your use of third-party services is at your own risk and may be subject to separate terms and policies. A link, integration, reference, or relationship does not constitute an endorsement unless expressly stated. 12. Product and Service Information picsfromtheporch.com attempts to provide useful descriptions of its products and services but does not guarantee that descriptions, images, specifications, availability, pricing, measurements, colors, compatibility information, or other content are complete, current, accurate, or error-free. Images and displays may differ from actual products. Product and service descriptions do not create warranties unless expressly stated in a separate written warranty. picsfromtheporch.com may correct errors, revise information, cancel orders, or change descriptions at any time. 13. Orders and Order Acceptance Submitting an order does not guarantee acceptance. picsfromtheporch.com may accept, reject, limit, cancel, or place conditions on an order for any lawful reason, including: * Product or service availability * Pricing errors * Suspected fraud * Payment issues * Usage restrictions * Geographic restrictions * Legal or regulatory concerns * Resale concerns * Errors in product descriptions * Violations of these Terms An order is not accepted until picsfromtheporch.com confirms acceptance or performs the applicable product or service. If an order is canceled after payment, picsfromtheporch.com may issue a refund of the amount charged for the canceled item, subject to applicable law. picsfromtheporch.com may limit quantities purchased by any person, household, account, business, payment method, or address. 14. Pricing and Payment Prices may change at any time. Unless expressly stated otherwise, prices: * Are displayed in the currency shown at checkout * Exclude taxes, duties, fees, shipping, handling, and other charges * Apply only at the time shown * May differ across locations, channels, customers, or promotions You authorize picsfromtheporch.com and its payment processors to charge your selected payment method for all amounts associated with your transaction. You represent and warrant that: * You are authorized to use the payment method * The payment information is accurate * Charges may be processed by third-party payment providers * You will pay all amounts when due picsfromtheporch.com may use third-party payment processors and is not responsible for their acts, omissions, availability, security, or policies. If payment cannot be completed, picsfromtheporch.com may suspend or cancel access, orders, subscriptions, accounts, or Services. 15. Taxes, Fees, and Currency Conversion You are responsible for all taxes, duties, assessments, fees, tariffs, and similar charges associated with your purchase or use of the Services, except taxes imposed directly on the net income of picsfromtheporch.com. Where required, picsfromtheporch.com may collect taxes or fees from you. Currency-conversion rates and fees may be determined by payment processors, banks, card issuers, or other third parties. picsfromtheporch.com is not responsible for third-party currency-conversion rates or fees. 16. Subscriptions, Memberships, and Automatic Renewal Certain Services may be offered on a recurring subscription or membership basis. By starting a subscription or membership, you authorize picsfromtheporch.com to charge the applicable recurring fees, taxes, and other amounts to your payment method until the subscription is canceled or terminated. Unless otherwise stated: * Subscriptions automatically renew at the end of each billing period * Renewal charges may be processed without additional authorization * Pricing may change upon notice where required by law * Cancellation takes effect at the end of the current paid billing period * Partial-period refunds or credits are not provided * Failure to use the Services does not cancel the subscription * Deleting an application or ceasing use does not necessarily cancel the subscription You are responsible for canceling a subscription using the cancellation method made available by picsfromtheporch.com. Cancellation and renewal terms may vary by product, service, jurisdiction, or purchase channel. To the extent required by law, picsfromtheporch.com will provide legally required renewal notices, cancellation methods, and disclosures. 17. Free Trials and Promotional Periods picsfromtheporch.com may offer free trials, introductory periods, discounted periods, promotions, or other incentives. Unless otherwise stated: * Eligibility is determined by picsfromtheporch.com * Trials and promotions may be modified or withdrawn at any time * Only one trial or promotion may be available per person, business, account, household, device, or payment method * A payment method may be required * The applicable paid subscription may begin automatically when the trial or promotional period ends * You must cancel before the applicable deadline to avoid the next charge picsfromtheporch.com may disqualify any participant it believes is abusing or manipulating a trial, discount, promotion, or incentive. 18. Refunds, Returns, and Cancellations Unless a separate refund or return policy expressly states otherwise, or applicable law requires otherwise, all sales are final and nonrefundable. picsfromtheporch.com may approve or deny refund, return, exchange, cancellation, or credit requests in its sole discretion, to the extent permitted by law. Refunds, returns, exchanges, and cancellations may be subject to: * Time limits * Eligibility requirements * Restocking fees * Return-shipping costs * Condition requirements * Proof-of-purchase requirements * Usage restrictions * Administrative charges * Deductions for services already provided * Deductions for damaged, missing, altered, or used products Digital products, downloaded materials, accessed courses, completed services, customized products, personalized products, opened products, perishable products, gift cards, promotional items, and services already performed may be nonrefundable. Any approved refund may be issued to the original payment method, as store credit, or through another method selected by picsfromtheporch.com, subject to applicable law. 19. Chargebacks and Payment Disputes Before initiating a chargeback or payment dispute, you agree to make a reasonable effort to contact picsfromtheporch.com at hello@picsfromtheporch.com and allow picsfromtheporch.com an opportunity to address the issue. An improper, fraudulent, abusive, or unauthorized chargeback may constitute a violation of these Terms. To the extent permitted by law, picsfromtheporch.com may: * Suspend or terminate Services * Cancel accounts * Recover unpaid amounts * Recover reasonable collection costs * Provide transaction information to payment processors * Contest a chargeback * Restrict future purchases 20. Physical Products Physical products may vary from photographs, descriptions, measurements, specifications, packaging, samples, or previous versions. Minor differences, variations, substitutions, or changes that do not materially impair the intended use of a product do not necessarily entitle you to a refund or replacement. You are responsible for: * Reviewing product information before purchase * Confirming product suitability * Following instructions, warnings, and safety information * Using products only as intended * Inspecting products upon delivery * Notifying picsfromtheporch.com of qualifying issues within the applicable deadline To the extent permitted by law, picsfromtheporch.com is not responsible for injury, loss, or damage caused by misuse, unauthorized modification, improper storage, failure to follow instructions, or use contrary to warnings. 21. Shipping, Delivery, and Risk of Loss Shipping and delivery dates are estimates unless expressly guaranteed in writing. picsfromtheporch.com is not responsible for delays caused by carriers, customs, weather, labor disputes, supply shortages, incorrect addresses, government action, force majeure events, or other circumstances outside its reasonable control. You are responsible for providing complete and accurate delivery information. Additional fees may apply for: * Incorrect addresses * Refused deliveries * Unclaimed packages * Reshipping * International duties * Customs charges * Storage fees * Special handling To the extent permitted by law, risk of loss and title to physical products pass to you when the product is delivered to the applicable carrier or delivery provider. Claims relating to damaged, missing, or delayed shipments must be submitted within the deadline required by picsfromtheporch.com or the applicable carrier. 22. Digital Products, Courses, and Educational Content Digital products, courses, training, templates, recordings, downloads, documents, software, and educational materials are licensed, not sold, unless expressly stated otherwise. Your access is personal, limited, revocable, and non-transferable. Unless expressly authorized, you may not: * Share login credentials * Copy or redistribute materials * Resell access * Record private sessions * Publish course materials * Share downloads * Create derivative training products * Use materials to train others for commercial purposes * Allow unauthorized users to access purchased content Course schedules, instructors, modules, materials, delivery methods, and included features may change. Completion of a course or program does not guarantee certification, employment, income, licensing, qualification, business results, or any specific outcome. 23. Appointments, Events, and In-Person Services Appointments, consultations, events, reservations, and in-person services may be subject to separate scheduling, cancellation, attendance, safety, and conduct policies. Unless otherwise stated: * Appointments and reservations are not guaranteed until confirmed * Deposits may be nonrefundable * Late arrivals may reduce the time available * Missed appointments may be charged in full * Rescheduling may be limited * Events may be postponed, relocated, modified, or canceled * Participation may be denied for safety, misconduct, or policy violations You are responsible for determining whether a service, event, activity, or product is appropriate for you. You agree to follow all posted rules, instructions, safety requirements, and staff directions while visiting a physical location or participating in an event. 24. Software, SaaS, and Online Platforms If the Services include software, SaaS products, hosted platforms, applications, accounts, or technology tools, picsfromtheporch.com may establish and enforce: * Account limits * User limits * Storage limits * Usage limits * Credit limits * API limits * Processing limits * Fair-use requirements * Technical restrictions * Feature restrictions * Geographic restrictions Unused credits, usage allowances, or allocations may expire and may not roll over unless expressly stated. picsfromtheporch.com may suspend or limit use that it believes: * Exceeds reasonable usage * Degrades performance * Creates security risks * Violates law * Harms other users * Circumvents pricing or limits * Is inconsistent with the intended plan or product Unless expressly agreed in writing, picsfromtheporch.com does not guarantee uptime, compatibility, availability, response times, performance levels, or uninterrupted access. 25. Beta, Preview, and Experimental Features Certain Services or features may be identified as beta, preview, early access, experimental, developmental, or similar. These features may: * Be incomplete * Contain errors * Change without notice * Be discontinued * Produce unexpected results * Be unavailable * Lack support * Result in data loss You use beta, preview, and experimental features at your own risk. picsfromtheporch.com may impose additional restrictions on such features. 26. Artificial Intelligence and Automated Features The Services may use artificial intelligence, machine learning, automated tools, algorithms, generative systems, or third-party technology providers. Artificial-intelligence and automated outputs may be inaccurate, incomplete, outdated, offensive, unsuitable, or misleading. You are responsible for: * Reviewing all outputs * Confirming accuracy * Obtaining professional advice where appropriate * Determining suitability * Complying with applicable laws * Ensuring you have rights to submitted materials * Evaluating outputs before publishing or relying on them picsfromtheporch.com does not guarantee that artificial-intelligence outputs are unique, accurate, legally compliant, non-infringing, or appropriate for a particular purpose. Similar or identical outputs may be generated for other users. You must not submit confidential, sensitive, proprietary, regulated, or restricted information unless you are authorized to do so and accept the risks associated with such submission. 27. Communications and Electronic Notices You agree that picsfromtheporch.com may communicate with you electronically, including through: * Email * Website notices * Account notices * Application notifications * Telephone calls * Text messages * Electronic documents Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law. You are responsible for maintaining current contact information and monitoring communications from picsfromtheporch.com. Marketing communications may be subject to additional consent and opt-out requirements described in the Privacy Policy or at the time of collection. 28. Promotions, Contests, Giveaways, and Incentives Promotions, contests, sweepstakes, giveaways, referral programs, loyalty programs, discounts, and incentives may be governed by separate rules. picsfromtheporch.com may: * Determine eligibility * Verify participants * Disqualify participants * Modify or cancel promotions * Correct errors * Substitute prizes * Withhold benefits where fraud or abuse is suspected Coupons, credits, gift cards, discounts, rewards, and promotional benefits: * May expire * May be nontransferable * May have no cash value * May not be combined * May be revoked for abuse * May be limited to specified products or customers 29. Affiliate, Referral, and Partner Relationships Certain links, recommendations, endorsements, promotions, or content may involve affiliate, referral, sponsorship, advertising, or commercial relationships. picsfromtheporch.com may receive compensation, commissions, benefits, or other consideration in connection with certain referrals or transactions. Participation in an affiliate, reseller, referral, partner, or similar program may require acceptance of separate terms. 30. No Professional Advice Unless expressly stated in a separate written agreement, information provided through the Services is for general informational and educational purposes only. The Services do not constitute legal, medical, health, financial, tax, accounting, investment, employment, engineering, licensing, regulatory, or other professional advice. You should consult an appropriately qualified professional before making decisions requiring professional advice. Your use of the Services does not create a professional-client, fiduciary, advisory, employment, agency, partnership, or similar relationship unless expressly agreed in writing. 31. No Guarantee of Results picsfromtheporch.com does not guarantee any particular result, outcome, revenue, profit, savings, growth, performance, ranking, traffic, customer acquisition, health result, business result, educational result, or other benefit. Results vary based on numerous factors outside the control of picsfromtheporch.com. Statements relating to potential outcomes, examples, testimonials, case studies, projections, estimates, or past performance are illustrative only and do not guarantee future results. You are solely responsible for your decisions, actions, implementation, costs, risks, and results. 32. Testimonials and Case Studies Testimonials, reviews, examples, and case studies may reflect individual experiences. They may not be typical and should not be interpreted as guarantees or promises. Results experienced by others do not guarantee that you will achieve similar results. To the extent permitted by law, picsfromtheporch.com may edit testimonials for length, formatting, grammar, clarity, or privacy, without materially changing their meaning. 33. Intellectual Property Rights The Services and all associated materials are owned by or licensed to picsfromtheporch.com. Protected materials may include: * Names * Logos * Trademarks * Service marks * Designs * Graphics * Text * Photographs * Videos * Audio * Software * Source code * Object code * Databases * Courses * Documents * Templates * Product designs * Business methods * Workflows * Features * Interfaces * Content * Trade secrets These materials are protected by intellectual-property and other laws. You may not use the intellectual property of picsfromtheporch.com without prior written permission. No license is granted by implication, estoppel, or otherwise. 34. Copyright Complaints If you believe content available through the Services infringes your copyright, you may send a written notice to hello@picsfromtheporch.com. Your notice should include: * Identification of the copyrighted work * Identification of the allegedly infringing material * Information sufficient to locate the material * Your contact information * A statement that you have a good-faith belief the use is unauthorized * A statement that the information in the notice is accurate * A statement, under penalty of perjury, that you are authorized to act * Your physical or electronic signature picsfromtheporch.com may remove or restrict content in response to a complaint and may terminate repeat infringers. Knowingly submitting a false or misleading infringement notice may result in liability. 35. Privacy Your use of the Services is subject to the Privacy Policy of picsfromtheporch.com. You acknowledge that information transmitted through the internet or electronic systems may not be completely secure. You are responsible for determining whether the Services are appropriate for the information you submit. 36. Security and Data Loss picsfromtheporch.com may use measures designed to protect the Services, but no system is completely secure. To the maximum extent permitted by law, picsfromtheporch.com does not guarantee: * The security of information * The confidentiality of transmissions * The prevention of unauthorized access * The preservation of data * The availability of backups * Recovery from data loss * Compatibility with all devices or systems You are responsible for maintaining independent backups of important information and content. 37. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." picsfromtheporch.com DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF: * MERCHANTABILITY * FITNESS FOR A PARTICULAR PURPOSE * TITLE * NON-INFRINGEMENT * ACCURACY * COMPLETENESS * RELIABILITY * AVAILABILITY * SECURITY * QUIET ENJOYMENT * QUALITY * PERFORMANCE * RESULTS * COMPATIBILITY picsfromtheporch.com DOES NOT WARRANT THAT: * THE SERVICES WILL MEET YOUR NEEDS * THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE * DEFECTS WILL BE CORRECTED * INFORMATION WILL BE ACCURATE * PRODUCTS OR SERVICES WILL PRODUCE A PARTICULAR RESULT * THE SERVICES WILL BE FREE FROM HARMFUL COMPONENTS * ACCESS WILL ALWAYS BE AVAILABLE * DATA WILL NOT BE LOST * THIRD-PARTY SERVICES WILL FUNCTION PROPERLY YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 38. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, picsfromtheporch.com WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES. THIS EXCLUSION INCLUDES DAMAGES RELATING TO: * LOST PROFITS * LOST REVENUE * LOST SALES * LOST SAVINGS * LOST BUSINESS OPPORTUNITIES * LOST DATA * LOSS OF GOODWILL * BUSINESS INTERRUPTION * REPLACEMENT COSTS * PERSONAL INJURY * PROPERTY DAMAGE * RELIANCE ON INFORMATION * THIRD-PARTY CONDUCT * UNAUTHORIZED ACCESS * SERVICE INTERRUPTION * PRODUCT OR SERVICE FAILURE TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF picsfromtheporch.com FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: * THE AMOUNT YOU PAID DIRECTLY TO picsfromtheporch.com FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR * ONE HUNDRED U.S. DOLLARS THE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF picsfromtheporch.com WAS ADVISED OF THE POSSIBILITY OF DAMAGES. THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 39. Indemnification To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless picsfromtheporch.com from and against all claims, demands, investigations, proceedings, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: * Your use or misuse of the Services * Your violation of these Terms * Your violation of law * Your violation of another party's rights * Your User Content * Your products, services, business, customers, employees, or contractors * Your negligence, misconduct, fraud, or unlawful activity * Information you submit * Transactions conducted through your account * Claims brought by a third party relating to your actions picsfromtheporch.com may assume exclusive control of the defense of any matter subject to indemnification. You agree to cooperate fully with the defense of any claim. You may not settle any claim affecting picsfromtheporch.com without prior written approval. 40. Release To the maximum extent permitted by law, you release picsfromtheporch.com from claims, liabilities, damages, losses, and disputes arising from or relating to: * Other users * Third-party products or services * Third-party communications * User Content * Transactions with third parties * Events outside the control of picsfromtheporch.com * Unauthorized conduct by third parties If you are a California resident, you waive California Civil Code Section 1542 to the extent permitted by law, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 41. Suspension and Termination picsfromtheporch.com may suspend, restrict, limit, or terminate your access to the Services at any time, with or without notice, to the extent permitted by law. Reasons may include: * Violation of these Terms * Nonpayment * Suspected fraud * Security concerns * Abuse * Legal or regulatory risk * Inactivity * Misuse * Conduct harmful to picsfromtheporch.com or others * Discontinuation of the Services * Requests from law enforcement or government authorities Upon termination: * Your right to use the Services ends immediately * Outstanding amounts remain due * Access to content or data may be lost * Licenses granted by you may survive * Provisions intended to survive will remain effective You are responsible for exporting or saving information before termination where export functionality is available. 42. Informal Dispute Resolution Before filing a lawsuit, arbitration demand, or other formal proceeding, you agree to send a written notice describing the dispute to hello@picsfromtheporch.com. The notice must include: * Your full name * Your account email address * A detailed description of the dispute * The specific relief requested * Relevant supporting information You and picsfromtheporch.com agree to attempt in good faith to resolve the dispute informally for at least 30 days after receipt of the notice. Any applicable filing deadline will be tolled during this informal-resolution period to the extent permitted by law. 43. Binding Individual Arbitration PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except for disputes that qualify for small-claims court or disputes that applicable law does not permit to be arbitrated, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, a transaction, or your relationship with picsfromtheporch.com will be resolved through final and binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act to the extent applicable. Arbitration will be administered by the American Arbitration Association under the applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the dispute. Unless applicable law or the arbitration rules require otherwise: * Arbitration will occur remotely, by telephone, by video conference, through written submissions, or in the home county & state of picsfromtheporch.com. * The arbitrator will have authority to award relief available under applicable law * The arbitrator must apply these Terms * The arbitration will be confidential * Judgment on the award may be entered in a court of competent jurisdiction The arbitrator, and not a court, will have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the class-action waiver. Nothing prevents either party from: * Bringing an individual action in small-claims court * Seeking temporary or preliminary injunctive relief relating to intellectual property, unauthorized access, or security * Reporting matters to a government agency * Exercising rights that cannot legally be waived This arbitration provision does not apply where prohibited by law. 44. Class-Action and Jury-Trial Waiver TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND picsfromtheporch.com AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. YOU AND picsfromtheporch.com WAIVE THE RIGHT TO: * A JURY TRIAL * PARTICIPATE IN A CLASS ACTION * SERVE AS A CLASS REPRESENTATIVE * PARTICIPATE IN A COLLECTIVE ACTION * PARTICIPATE IN A REPRESENTATIVE ACTION * CONSOLIDATE CLAIMS WITH OTHER PARTIES * SEEK RELIEF ON BEHALF OF OTHER PEOPLE AN ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. If the class-action waiver is found unenforceable as to a particular claim, that claim must be resolved in a court of competent jurisdiction and not in arbitration. 45. Coordinated and Mass Arbitration Proceedings If 25 or more similar arbitration demands are asserted against picsfromtheporch.com by the same or coordinated counsel, organization, or group, the demands will be administered in coordinated batches to the extent permitted by the arbitration provider and applicable law. Unless otherwise agreed: * A limited number of representative cases may proceed first * Remaining cases may be stayed while representative cases proceed * The parties will participate in good-faith mediation after the initial cases * Additional cases may proceed in reasonable batches This procedure is intended to promote efficient and fair resolution and does not authorize class arbitration. 46. Arbitration Opt-Out You may opt out of the arbitration agreement by sending written notice to hello@picsfromtheporch.com within 30 days after you first accept these Terms. The notice must include: * Your full name * Your email address * A clear statement that you are opting out of arbitration Opting out of arbitration does not opt you out of any other provision of these Terms. 47. Time Limit for Claims TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM FIRST ACCRUED. ANY CLAIM NOT FILED WITHIN THAT PERIOD IS PERMANENTLY BARRED. This provision does not apply where applicable law prohibits shortening the applicable limitations period. 48. Governing Law These Terms and any dispute arising out of or relating to the Services will be governed by the laws of the home state of picsfromtheporch.com, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Where arbitration does not apply, you agree that disputes will be brought exclusively in the state or federal courts located in the home county and state of picsfromtheporch.com. You consent to the personal jurisdiction and venue of those courts. Nothing in this section limits rights that cannot legally be waived under applicable consumer-protection law. 49. International Use and Export Controls The Services may not be appropriate or available in every jurisdiction. You are responsible for complying with applicable local laws. You may not use, export, re-export, transfer, or make available the Services in violation of export-control, sanctions, trade, or other applicable laws. You represent that you are not located in, ordinarily resident in, or controlled by a prohibited jurisdiction or restricted party, to the extent such restrictions apply. 50. Force Majeure picsfromtheporch.com will not be responsible or liable for delay, interruption, failure, loss, or damage caused by circumstances beyond its reasonable control. These circumstances may include: * Natural disasters * Severe weather * Fire * Flood * Earthquake * Epidemic * Pandemic * War * Terrorism * Civil unrest * Labor disputes * Government action * Regulatory action * Court orders * Power failures * Telecommunications failures * Internet failures * Cyberattacks * Supply-chain disruptions * Carrier delays * Equipment failure * Third-party-service failure * Shortages * Acts of God 51. Assignment You may not assign, transfer, delegate, sublicense, or otherwise dispose of your rights or obligations under these Terms without prior written approval from picsfromtheporch.com. Any attempted assignment in violation of this section is void. picsfromtheporch.com may assign, transfer, delegate, sublicense, or otherwise dispose of its rights and obligations without restriction, including in connection with a merger, acquisition, financing, restructuring, sale of assets, or other business transaction. 52. Relationship of the Parties Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship, franchise, agency relationship, or similar relationship between you and picsfromtheporch.com. You have no authority to bind picsfromtheporch.com. 53. No Third-Party Beneficiaries Except as expressly stated, these Terms do not create rights for any third party. 54. Severability If any provision of these Terms is held invalid, illegal, or unenforceable, the provision will be enforced to the maximum extent permitted and modified only to the minimum extent necessary. The remaining provisions will remain in full force and effect. 55. No Waiver Failure by picsfromtheporch.com to enforce any provision does not waive its right to enforce that provision or any other provision later. A waiver is effective only if in writing and signed by an authorized representative of picsfromtheporch.com. 56. Entire Agreement These Terms, together with incorporated policies and applicable additional terms, constitute the entire agreement between you and picsfromtheporch.com concerning the Services. They supersede prior or contemporaneous understandings, communications, proposals, or agreements concerning the same subject. 57. Interpretation Headings are for convenience only and do not affect interpretation. Words such as "including" and "include" mean "including without limitation." These Terms will not be interpreted against picsfromtheporch.com merely because picsfromtheporch.com drafted them. Any rights and remedies available to picsfromtheporch.com are cumulative. 58. Contact Information Questions concerning these Terms of Use may be sent to: hello@picsfromtheporch.com