"Terms and Conditions”

(Jan. 2024)

Welcome to opalandagate.com. The opalandagate.com website (the "Site") is comprised of various web pages operated by Opal and Agate Photography ("Opal and Agate"). www.opalandagate.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms""). Your use of www.opalandagate.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The purpose of our website can be explained in a few different bullet points.:

1. First and most importantly, we will be using our website to sell services.

2. as a hub to connect clients to our social media.

3. as a blog featuring success stories from the field, gear reviews, tips and tricks, how-to's, and tutorials.

Privacy

Your use of www.opalandagate.com is subject to Opal and Agate's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.opalandagate.com or sending emails to Opal and Agate constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Opal and Agate does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.opalandagate.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Cancellations/Refunds for Studio/Shoot time.

We will only refund the deposit made for a shoot if a client cancels outside of a grace period of 48 hours before the shoot. In the event the cancellation falls within the 48-hour grace period, a cancellation fee of $50.00 will be charged to the client upon rescheduling and making another deposit.

Returned Checks / Credit Card Chargeback Policy

There is a $25 service charge for checks that the customer's bank returns for any reason. Before the ordered item is shipped, customers who file a chargeback with their credit card company will be assessed a $25 chargeback fee in addition to the original purchase price.

Refunds on Prints

Our process makes it simple to get your printed images looking how you want them. We have blended convenience, collaboration, and professional know-how into our various printing programs, and we provide samples and swatches of photographic paper, photo album material, and book cover design fabric and materials. Since we go over proofs as many times as needed with clients, we do not refund money for prints, photo albums, or books

Links to Third Party Sites/Third Party Services

www.opalandagate.com may contain links to other websites (""Linked Sites""). The Linked Sites are not under the control of Opal and Agate and Opal and Agate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Opal and Agate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Opal and Agate of the site or any association with its operators.

Certain services made available via www.opalandagate.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.opalandagate.com domain, you hereby acknowledge and consent that Opal and Agate may share such information and data with any third party with whom Opal and Agate has a contractual relationship to provide the requested product, service or functionality on behalf of www.opalandagate.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.opalandagate.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Opal and Agate that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Opal and Agate or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Opal and Agate content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Opal and Agate and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Opal and Agate or our licensors except as expressly authorized by

these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities,

personal web pages, calendars, and/or other message or communication facilities designed to

enable you to communicate with the public at large or with a group (collectively, "Communication

Services"). You agree to use the Communication Services only to post, send and receive messages

and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service,

you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as

rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any

inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material

or information; upload files that contain software or other material protected by intellectual

property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or

have received all necessary consents; upload files that contain viruses, corrupted files, or any other

similar software or programs that may damage the operation of another's computer; advertise or

offer to sell or buy any goods or services for any business purpose, unless such Communication

Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes

or chain letters; download any file posted by another user of a Communication Service that you

know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete

any author attributions, legal or other proper notices or proprietary designations

"Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.opalandagate.com or Posted on Any Opal and Agate Web Page

Opal and Agate does not claim ownership of the materials you provide to www.opalandagate.com (including feedback and suggestions) or post, upload, input or submit to any Opal and Agate Site or our associated services (collectively ""Submissions""). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Opal and Agate, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Opal and Agate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Opal and Agate's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Opal and Agate account to third party accounts. By connecting your Opal and Agate account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Opal and Agate from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Opal and Agate Content accessed through www.opalandagate.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Opal and Agate, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your

"violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Opal and Agate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Opal and Agate in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and Opal and Agate agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPAL AND AGATE PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OPAL AND AGATE PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

"SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ""AS IS"" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPAL AND AGATE PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPAL AND AGATE PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPAL AND AGATE PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Opal and Agate reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Opal and Agate as a result of this agreement or use of the Site. Opal and Agate's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Opal and Agate's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Opal and Agate with respect to such use. If any part of this agreement is

determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,

the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable

provision will be deemed superseded by a valid, enforceable provision that most closely matches

the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Opal and Agate with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and Opal and

Agate with respect to the Site. A printed version of this agreement and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon or relating

to this agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish

to the parties that this agreement and all related documents be written in English.

Changes to Terms

Opal and Agate reserves the right, in its sole discretion, to change the Terms under which

www.opalandagate.com is offered. The most current version of the Terms will supersede all

previous versions. Opal and Agate encourages you to periodically review the Terms to stay

informed of our updates.

Contact Us

Opal and Agate welcomes your questions or comments regarding the Terms:

Opal and Agate Photography

2203 Concord Drive

Lakewood, Ohio 44107

Email Address:

admin@opalandagate.com

Telephone number:

2163073205

Effective as of January 12, 2023