TERMS AND CONDITIONS
The following TERMS AND CONDITIONS are those in effect as of this date, and are subject to change at any time without notice at the sole discretion of the Site owner and operator. The Site owner and operator is under no obligation to inform you of any change to these Terms and Conditions, and by utilizing and/or purchasing any product provided on this Site, you agree to visit the Site regularly for updates to these Terms and Conditions.
Please review all terms and conditions set forth herein, as these Terms and Conditions shall apply to your use of this site, any related site listed herein (hereinafter collectively referred to as the “Sites”), and any products purchased on the Sites. By utilizing and/or purchasing from any of the Sites, you expressly agree to any and all Terms and Conditions set forth herein. As stated above, we reserve the right to modify the content of these Terms and Conditions at any time without any sort of notice, and it is your responsibility to check this page periodically for any such changes. By utilizing any of the Sites subsequent to a change to the Terms and Conditions, you thereby agree to accept and be bound by any such changes to the Terms and Conditions, regardless of whether you have actually read and/or otherwise reviewed said changes. If, at any time, you determine that you are not willing to be bound by the Terms and Conditions set forth herein, then you shall relinquish any rights that you may have to the use of the Sites and any products purchased therefrom, and agree to no longer utilize any of the Sites.
LINKS TO THIRD PARTY SITES
On occasion, the Sites will provide links to third party sites (hereinafter referred to as the “Third Party Sites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to the Sites, and expressly do not apply to the Third Party Sites. Joanna and Brett Photography has no official affiliation with the Third Party Sites, and therefore has no control over the terms and conditions that will apply to the Third Party Sites. As such, it is your responsibility to review the Third Party Sites for their applicable terms and conditions. Additionally, Joanna and Brett Photography does not endorse or take any responsibility for the content or products provided on the Third Party Sites. Consistent therewith, you hereby agree to hold Joanna and Brett Photography harmless with respect to your use of the Third Party Sites, despite any link thereto provided on the Sites.
By utilizing the content or purchasing the products contained on the Sites, you expressly acknowledge that such information is confidential, and agree not to disclose any such information to any third party.
INTELLECTUAL PROPERTY/SINGLE USE LICENSE
All content contained in and all products sold on the Sites are the intellectual property of Joanna and Brett Photography. As such, any such content and/or products are being provided to you for your individual use and as a single-use license. No license to sell or otherwise distribute Joanna and Brett Photography’s intellectual property is expressed or implied. You are not authorized nor permitted to utilize any such content and/or products on your sites without express permissions from Joanna and Brett Photography. By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree (1) not to infringe on or otherwise violate Joanna and Brett Photography’s intellectual property, (2) to ensure that any confidential information disclosed to you by Joanna and Brett Photography remains confidential, and (3) not to disclose any information provided to you by Joanna and Brett Photography to any third party. In the event that you violate any provisions of this section of the Terms and Conditions, you agree that Joanna and Brett Photography will be entitled to injunctive relief against you in relation to such violations.
SCOPE OF BUSINESS RELATIONSHIP
By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree that each party is an independent contractor in its performance of such services, and nothing contained herein shall render such relationship a partnership, joint venture, or the like. Under no circumstances shall Joanna and Brett Photography be deemed your employee, or vice versa.
In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, etc.) make it inadvisable, illegal or impossible for either party to perform its obligations under this Agreement, that party’s performance shall be extended (but not excused) without liability for the period of delay.
If any provision of these Terms and Conditions are deemed to be invalid or otherwise unenforceable, the remaining terms of the Terms and Conditions shall remain in full force and effect. Additionally, the failure of Joanna and Brett Photography to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.
LIMITATION OF LIABILITY
You agree that you have utilized the Sites and products contained thereon at your own risk, and under no circumstances will Joanna and Brett Photography or any of its subsidiaries be liable to you for any damages (actual, special or consequential) that result from your use of the materials or information on the Sites, or any of the products provided on the Sites. In the event that such a limitation of liability is precluded by law, you expressly agree that any damages you have against Joanna and Brett Photography will be limited to the amount that you paid Joanna and Brett Photography in connection with the Sites and products contained thereon.
In the event of a dispute over the content or products provided on the Sites, you agree that you will not engage in any conduct or communication with a third party, public or private, aimed at disparaging Joanna and Brett Photography. This includes, but is not limited to, refraining from making any sort of communication that may be viewed by a third party that can be construed as derogatory or critical in any manner of Joanna and Brett Photography.
You may not assign your rights to utilize the content or products contained on the Sites without the express written consent of Joanna and Brett Photography.
Joanna and Brett Photography may modify these Terms and Conditions at any time, without notice.
By utilizing the content or purchasing the products contained on the Sites, you agree, for yourself, your marital communities and/or spouses (if any), your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors, and accountants, to indemnify and hold harmless Joanna and Brett Photography, and their respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors and accountants, and each of them, and anyone chargeable on their behalf, against any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, injuries, damages, costs, expenses, attorney’s fees, judgments, executions, obligations, claims, and demands whatsoever from the beginning of time to the date of this Agreement arising from or relating to your use of said content and or products from the Sites.
If not resolved first via good faith negotiations, every controversy or dispute with Joanna and Brett Photography relating to the content and/or products on the Sites must be submitted to the American Arbitration Association. All claims against Joanna and Brett Photography must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced by any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances, you will be responsible for any and all arbitration costs and attorneys’ fees incurred by Joanna and Brett Photography.
Any notice, demand, or communication required or permitted to be given by any provision of these Terms and Conditions will be deemed to have been given and received (a) when delivered personally to the Party designated to receive such notice, or (b) on the first (1st) business day following delivery to a nationally recognized overnight courier service (such as Federal Express), specifying next day delivery, or (c) on the third (3rd) day after the same is sent by certified mail, postage and charges prepaid.
REFUSAL OF SERVICE
Joanna and Brett Photography reserves the right to refuse service to any person or entity without reason, including but not limited to restricting access to the Sites and refusing to sell products contained on the Sites.
EFFECT OF HEADINGS
The headings or captions of these Terms and Conditions are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions hereof.
These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of Virginia.
SCOPE OF USE OF SITE CONTENT
Joanna and Brett Photography owns the content contained on the Sites. Accordingly, you are permitted to do the following with respect to any information contained on the Sites, without need to obtain prior permission: Link to the Sites or any specific post on the sites. Extract any portion of a post on the Sites, provided that you cite the appropriate Site and provide a link to that Site. Print and distribute portions of the Sites for internal distribution within your company. Print any information from the Sites in any non-commercial publication, provided you cite the source of the information and provided information for accessing the source of the information. If you wish to utilize the content of the Sites in any other manner, you must first obtain the express written consent of Joanna and Brett Photography.
The content and products provided on the Sites (as defined in the Terms and Conditions) are not to be interpreted as a promise or guarantee of earnings. Rather, the level of success and earnings that you may attain depends on the techniques you utilize in your business, your finances, your knowledge, and various skills. The content and products on the Sites are designed to help increase those factors for you, but are not a guarantee of success, as these factors will differ among each individual. Any and all statements on the Sites or in any of the products on the Sites are intended to express our opinion of the earnings potential that some people may achieve, but in no manner are to be construed as a guarantee of such earnings. To the extent that we have included any case studies or testimonials on the Site or in the products, these are included for illustrative purposes only, and are not meant to represent the average or typical customer experience or results. YOU FULLY AGREE AND UNDERSTAND THAT JOANNA AND BRETT PHOTOGRAPHY IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.