Terms of Service

Agreement to these terms

By accessing or using texkelly.com, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, please do not use the site. We may update these terms from time to time, and your continued use of the site means you accept the current version.

Who we are

Tex Kelly Productions, LLC is a photography, video, web, and marketing studio serving Prescott Valley, Arizona and Humboldt County, California. You can reach us through the contact form on this site.

Using this site

You may use this site for lawful, personal, and business purposes. You agree not to misuse it: no attempting to break, overload, or gain unauthorized access to the site or its systems, no scraping or automated data collection without our written permission, no copying or republishing our content as your own, and nothing unlawful or that infringes someone else's rights. We may limit or end your access if you misuse the site.

Our content and your content

Our work is ours. The site and its contents, including the photography, video, design, written copy, logos, and brand marks, are owned by Tex Kelly Productions, LLC or used with permission, and are protected by copyright and other laws. You may not reproduce, distribute, or use them without our written permission.

What you send us. When you submit an inquiry or other information, you confirm it is accurate and that you have the right to share it. You give us permission to use it to respond to and carry out your request, as described in our Privacy Policy.

Inquiries, quotes, and services

The information, prices, and packages shown on this site are for general guidance and may change at any time. Nothing on this site is a binding offer or a guarantee of availability. Any work we do for you is governed by a separate written service agreement that covers scope, pricing, deliverables, payment, and cancellation. If anything in that agreement conflicts with these terms, the service agreement controls for that work.

Links and third-party services

This site may link to other websites or rely on third-party services we do not control. We are not responsible for their content, products, or practices. Following a link or using a linked service is at your own risk and subject to that party's own terms.

Disclaimers

This site is provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent allowed by law. We do not warrant that the site will be uninterrupted, error-free, or secure, or that any information on it is complete or current. Nothing on this site is professional, legal, financial, or other advice. We also do not guarantee any particular result, ranking, lead volume, or business outcome from any service. Examples of past work describe what we have done, not a promise of future results.

Limitation of liability

To the fullest extent permitted by law, Tex Kelly Productions, LLC and its owners and team will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising out of or related to your use of this site. To the fullest extent permitted by law, our total liability for any claim relating to this site or, where no separate service agreement applies, to a service, will not exceed the greater of the amount you paid us for the service at issue or one hundred dollars ($100). Some places do not allow certain limits, so parts of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Tex Kelly Productions, LLC and its owners and team from any claims, losses, or expenses, including reasonable attorneys' fees, arising out of your misuse of the site, your violation of these terms, or your violation of any law or the rights of another.

Governing law and venue

These terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Subject to the section below, any dispute will be brought in the state or federal courts located in Yavapai County, Arizona, and you agree to that venue.

Dispute resolution

If a dispute comes up, we ask that you first contact us so we can try to resolve it informally. If we cannot, you and Tex Kelly Productions, LLC agree to resolve the dispute through final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. Disputes will be handled on an individual basis only, and you and we waive any right to a jury trial or to participate in a class or representative action. You may opt out of this arbitration agreement by notifying us in writing within thirty (30) days of first accepting these terms.

Changes to these terms

We may update these terms from time to time. When we do, we will change the effective date at the top of this page. Your continued use of the site after a change means you accept the updated terms.

Contact us

Questions about these terms? Reach us through the contact form on this site.