TERMS AND CONDITIONS OF USE

Last Updated on: February 7, 2026

This Agreement is between You (“Purchaser,” “You,” “Your”) and Mary Beth Photography (“Company,” “We,” “Us,” “Our”) for the purpose of outlining the terms (“Terms”) of use of any digital products (“Product(s)”) purchased through this website at marybethhphotography.com , or any related domains or subdomains (the “Sites”).

By purchasing any Product(s), You agree to be bound by these Terms without any other conditions or declarations. If at any time You do not agree with these Terms, or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.

Scope of Product Purchase and Use Agreement

Our “Product(s)” include, but are not limited to: digital guides, videos, templates and any other material(s) and/or document(s) for paid purchase on the Sites.

Intellectual Property

All Product(s) are the intellectual property of and are owned by Mary Beth Photography. All Product(s) are subject to the copyrights and other intellectual property rights of Mary Beth Photography, and are protected by United States Copyright Laws (U.S.C. Title 17). The Product(s) may not be copied for any reason, including Your personal use, commercial use, or distribution, nor may these Product(s) be modified or reposted to other sites, without the prior express written permission of Company. We may prosecute You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

Age of Majority

You understand that, by purchasing any Product(s), services, or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PURCHASE POLICIES & NO REFUNDS

ALL DIGITAL PRODUCT(S) WHICH ARE DOWNLOADABLE ARE NON-REFUNDABLE UPON PURCHASE UNDER ANY CIRCUMSTANCE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE PRODUCT(S) TO YOUR EMAIL ADDRESS, AND BECAUSE YOU ARE GRANTED IMMEDIATE ACCESS TO THE LANGUAGE AND INFORMATION CONTAINED WITHIN THE DOCUMENT(S).

License to Use Product(s)

So long as You comply with these Terms of Use, Mary Beth Photography grants You ONE revocable, worldwide, non-exclusive, non-transferable license to download and view the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with the Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms consistent with the Permitted Use outlined herein.

If You violate this license by giving or selling a copy of the Product(s) to any third-party, We reserve the right to invoice You for the licenses You have gifted to others, revoke Your access to our Product(s) permanently, and/or sue You for any and all damages.

Such permission to modify Product(s) consistent with the Permitted Use outlined above in no way expands the limited license provided herein, nor does it grant You intellectual property ownership in, or provide You a general right to modification of, the Product(s).

NO WARRANTIES

MARY BETH PHOTOGRAPHY’S PRODUCT(S) ARE PROVIDED “AS IS.” COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PRODUCT(S), DOCUMENT(S), OR TEMPLATE(S), THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING PRODUCT(S) AND MATERIAL(S) AVAILABLE THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MARY BETH PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITES, PRODUCT(S), OR MATERIAL(S) WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

Limitation of Liability

In no event shall Company be liable under this Agreement to Purchaser or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Maximum Damages

The sole remedy for any actions or claims shall be limited to, and shall not exceed, the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.

No Guarantees

Company does not guarantee any desired results from the use of any Product(s) purchased on the Sites by Purchaser, including financial or other personal or business gains.

Sales Taxes

Should any sale and/or use tax be imposed on any part of Your purchase, such tax shall be collected from You and remitted by Company. All sales tax will be included in the checkout.

Entire Agreement

This is a binding Product Purchase and Use Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Harris County, Texas. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

Arbitration

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Harris County, Texas unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

Transfer

This Agreement cannot be transferred or assigned to any third-party by Purchaser without the written consent of Company.

All Rights Reserved

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.