This website is operated by Lake Hodges Photo Tours LLC. Throughout the
site, the terms “we”, “us” and “our” refer to Lake Hodges Photo Tours LLC.
Lake Hodges Photo Tours LLC offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms and Conditions”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These
Terms and Conditions apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors
Please read these Terms and Conditions carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be bound
by these Terms and Conditions. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use any
services. If these Terms and Conditions are considered an offer, acceptance
is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be
subject to the Terms and Conditions. You can review the most current version
of the Terms and Conditions at any time on this page. We reserve the right to
update, change or replace any part of these Terms and Conditions by posting
updates and/or changes to our website. It is your responsibility to check this
page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at
least the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have given
us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete
or more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
Modifications to The Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that
your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantities
of any products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was
made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms and Conditions.
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise use
in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or thirdparties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Service or on any related website is inaccurate
at any time without prior notice (including after you have submitted your
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
In addition to other prohibitions as set forth in the Terms and Conditions, you
are prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided ‘as is’ and ‘as
available’ for your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall Lake Hodges Photo Tours LLC, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service providers
or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any
of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Lake Hodges Photo Tours
LLC and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms and Conditions or the documents they incorporate
by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms and
Conditions, such determination shall not affect the validity and enforceability
of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by
either you or us. You may terminate these Terms and Conditions at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms and Conditions, we also may
terminate this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms
and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not
be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with
the laws of Escondido, CA.
Changes to the Terms and Conditions
You can review the most current version of the Terms and Conditions at any
time at this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms and Conditions by posting updates and changes to our
website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the
posting of any changes to these Terms and Conditions constitutes acceptance
of those changes.