Term and Conditions.
1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Welcome to Photonotice.com. These Terms and Conditions of Use ("Terms of Use") apply to the Photonotice.com web site and associated Web pages (collectively, “Photonotice Web Site”) operated by Photonotice.com or its parent, subsidiary and/or affiliated companies (collectively, "Photonotice.com"). By using Photonotice.com, you agree to be bound by these Terms of Use.
2. DESCRIPTION OF SERVICE
Photonotice.com provides users with a variety of resources, including the ability to view a traffic violation online and/or to pay a violation online (the "Services"). The Services, including any updates, enhancements or new features, are subject to the Terms of Use.
3. CHANGES IN TERMS AND CONDITIONS
Photonotice.com reserves the right to modify or terminate the Services from time to time, for any reason, and without notice. You agree that Photonotice.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Photonotice.com reserves the right to change the terms, conditions and notices under which it offers the Photonotice Web Site. You are responsible for regularly reviewing these terms, conditions and notices and any additional terms posted on the Photonotice Web Site. Your continued use of the Photonotice Web Site after the effective date of such changes constitutes your acceptance of the changes.
4. PRIVACY POLICY
Please also review our Privacy Policy, which provides information on the collection and use of your information and also governs your visit to the Photonotice.com Web Site.
5. USE OF THE PHOTONOTICE.COM WEB SITE
The Photonotice Web Site is only for your personal use. You will not use the Photonotice Web Site for commercial purposes. You will not use the Photonotice Web Site in any way that is unlawful or harms Photonotice.com or any third party assisting in transaction processing. You may not use the Photonotice Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Photonotice Web Site. Without limiting the generality of this section, you may not use the Photonotice Web Site in any manner that could do damage, overburden, disable or impair any Photonotice.com Web Site (or the network(s) connected to any Photonotice.com Web Site), interfere with any other party’s use of the Photonotice.com Web Site, or otherwise violate any applicable laws or regulations. Photonotice.com reserves the right at all times to disclose any information as Photonotice.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, to enforce these Terms of Use or to protect the rights of Photonotice.com, users of the Web Site and/or the public.
You agree that Photonotice.com may, in its sole discretion and without prior notice, terminate your access to the Web Site or Services, for any reason whatsoever, including but not limited to, your violation of these Terms of Use. If Photonotice.com does take any legal action against you as a result of your violation of these Terms of Use, Photonotice.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Photonotice.com. You agree that Photonotice.com will not be liable to you or to any third party for termination of your access to the Web Site as a result of any violation of these Terms of Use.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PHOTONOTICE WEB SITE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTONOTICE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PHOTONOTICE.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PHOTONOTICE.COM WEB SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, RELIABLE OR TIMELY. PHOTONOTICE.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PHOTONOTICE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE AND ANY LINKED SITES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PHOTONOTICE.COM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, ACTS OF GOD, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL PHOTONOTICE.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE PHOTONOTICE.COM WEB SITE, EVEN IF PHOTONOTICE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) TORT (INCLUDING NEGLIGENCE), OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PHOTONOTICE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST PHOTONOTICE.COM WITH RESPECT TO THESE TERMS OF USE OR THE PHOTONOTICE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PHOTONOTICE WEB SITE.
8. VOID WHERE PROHIBITED
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 6 and 7 may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
9. INDEMNITY
You agree to indemnify and hold Photonotice.com (including its parent, subsidiary and affiliated companies), its officers, directors, shareholders, predecessors, successors in interest, employees, agents, and affiliates, harmless from any demands, losses, liability, claims or expenses (including attorneys fees) made against Photonotice.com by any third party due to or arising out of or in connection with your use of the Photonotice.com Web Site or Services.
10. APPLICABLE LAW
You agree that all matters relating to your use of the Photonotice.com Web Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to principles of conflict of laws.
11. DISPUTE RESOLUTION
Any disputes must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. In the event of any controversy or dispute between Photonotice.com and you arising out of or in connection with your use of the Web Site, the parties shall attempt, in good faith, to resolve any such dispute. If the parties are unable to resolve such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous written or oral understandings or agreements regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Photonotice.com.
Welcome to Photonotice.com. These Terms and Conditions of Use ("Terms of Use") apply to the Photonotice.com web site and associated Web pages (collectively, “Photonotice Web Site”) operated by Photonotice.com or its parent, subsidiary and/or affiliated companies (collectively, "Photonotice.com"). By using Photonotice.com, you agree to be bound by these Terms of Use.
2. DESCRIPTION OF SERVICE
Photonotice.com provides users with a variety of resources, including the ability to view a traffic violation online and/or to pay a violation online (the "Services"). The Services, including any updates, enhancements or new features, are subject to the Terms of Use.
3. CHANGES IN TERMS AND CONDITIONS
Photonotice.com reserves the right to modify or terminate the Services from time to time, for any reason, and without notice. You agree that Photonotice.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Photonotice.com reserves the right to change the terms, conditions and notices under which it offers the Photonotice Web Site. You are responsible for regularly reviewing these terms, conditions and notices and any additional terms posted on the Photonotice Web Site. Your continued use of the Photonotice Web Site after the effective date of such changes constitutes your acceptance of the changes.
4. PRIVACY POLICY
Please also review our Privacy Policy, which provides information on the collection and use of your information and also governs your visit to the Photonotice.com Web Site.
5. USE OF THE PHOTONOTICE.COM WEB SITE
The Photonotice Web Site is only for your personal use. You will not use the Photonotice Web Site for commercial purposes. You will not use the Photonotice Web Site in any way that is unlawful or harms Photonotice.com or any third party assisting in transaction processing. You may not use the Photonotice Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Photonotice Web Site. Without limiting the generality of this section, you may not use the Photonotice Web Site in any manner that could do damage, overburden, disable or impair any Photonotice.com Web Site (or the network(s) connected to any Photonotice.com Web Site), interfere with any other party’s use of the Photonotice.com Web Site, or otherwise violate any applicable laws or regulations. Photonotice.com reserves the right at all times to disclose any information as Photonotice.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, to enforce these Terms of Use or to protect the rights of Photonotice.com, users of the Web Site and/or the public.
You agree that Photonotice.com may, in its sole discretion and without prior notice, terminate your access to the Web Site or Services, for any reason whatsoever, including but not limited to, your violation of these Terms of Use. If Photonotice.com does take any legal action against you as a result of your violation of these Terms of Use, Photonotice.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Photonotice.com. You agree that Photonotice.com will not be liable to you or to any third party for termination of your access to the Web Site as a result of any violation of these Terms of Use.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PHOTONOTICE WEB SITE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTONOTICE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PHOTONOTICE.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PHOTONOTICE.COM WEB SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, RELIABLE OR TIMELY. PHOTONOTICE.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PHOTONOTICE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE AND ANY LINKED SITES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PHOTONOTICE.COM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, ACTS OF GOD, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL PHOTONOTICE.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE PHOTONOTICE.COM WEB SITE, EVEN IF PHOTONOTICE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) TORT (INCLUDING NEGLIGENCE), OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PHOTONOTICE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST PHOTONOTICE.COM WITH RESPECT TO THESE TERMS OF USE OR THE PHOTONOTICE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PHOTONOTICE WEB SITE.
8. VOID WHERE PROHIBITED
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 6 and 7 may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
9. INDEMNITY
You agree to indemnify and hold Photonotice.com (including its parent, subsidiary and affiliated companies), its officers, directors, shareholders, predecessors, successors in interest, employees, agents, and affiliates, harmless from any demands, losses, liability, claims or expenses (including attorneys fees) made against Photonotice.com by any third party due to or arising out of or in connection with your use of the Photonotice.com Web Site or Services.
10. APPLICABLE LAW
You agree that all matters relating to your use of the Photonotice.com Web Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to principles of conflict of laws.
11. DISPUTE RESOLUTION
Any disputes must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. In the event of any controversy or dispute between Photonotice.com and you arising out of or in connection with your use of the Web Site, the parties shall attempt, in good faith, to resolve any such dispute. If the parties are unable to resolve such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous written or oral understandings or agreements regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Photonotice.com.
