TERMS OF USE

 

The following Terms of Use are entered into by and between You and Leah Goetzel Photography (referred to as “Company,” “we,” “our,” “us,” or similar wording).

 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Company online services, including any content, functionality and services offered on or through LEAHGOETZEL.COM, LEAHNOELLE.COM (the “Website”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Privacy

 

Your use of the Website is subject to Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

 

Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide, including but not limited to use any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

 

No Unlawful or Prohibited Use and Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

 

As a condition of your use of the Website, you warrant to Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

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 Website, is the property of Company 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 Website or any of the resources available for download from the Website.

 

Company content is not for resale. Your use of the Website or any of the resources available for download from the Website 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 individual use, and will make no other use of the content without the express written permission of Company 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 Company or our licensors except as expressly authorized by these Terms.

 

Company name, Company logo, Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks and/or service marks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks and/or service marks of their respective owners.

 

For Educational and Informational Purposes Only

 

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, spiritual, health, or any other professional advice. No contract between You and Us is created, expressly or impliedly, by virtue of your use and/or access of or to this Website.  Only if a subsequent written contract is signed by You and Us is any contractual relationship created.

 

Accuracy and Personal Responsibility

 

We have attempted to provide accurate information on this Website, but we cannot guarantee the accuracy of the information. Neither Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

 

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

 

No Guarantees as to Results

 

Company has not made any guarantees to you, whether recommended on this Website or not. Company provides educational and informational resources that are intended to help users of this Website.  Prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

Email and Other Electronic Communications

 

Visiting the Website or sending emails to Company 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, such as via email and on the Website, satisfy any legal requirement that such communications be in writing.

 

Any email or other electronic communication, however, does not create a business relationship or any contractual relationship. Only in the event of a subsequent written agreement signed by both parties is a contractual relationship or business relationship created.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order or other legal process.

 

Use of Communication Services

 

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections 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 and the service offered by us.

 

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 or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.

 

You agree to use caution when giving out any personally identifying information about yourself in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

 

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 the Website

 

By posting, uploading, inputting, providing, or submitting feedback, suggestions, or other material (“Submissions”) to the Website, you grant to Company and its owners, affiliated companies, and necessary sub-licensees, permission to use your Submissions in connection with the operation of their businesses including but not limited to the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions, and to publish your name in connection with your Submissions.

 

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

 

By posting, uploading, inputting, providing, or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including but not limited to all the rights necessary for you to provide, post, upload, input or submit the Submissions.  You agree to indemnify, defend, and hold Company harmless from and against any violation of the foregoing warranty.

 

Links to Third Party Websites and Services

 

The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of Company and Company is not responsible for the contents of any Linked Website, including but not limited to any link contained in a Linked Website, or any changes or updates to a Linked Website. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Website or any association with its operators.

 

Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers. 

 

Use of Templates and Forms

 

Company may provide various templates and/or forms for download on this Website. Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

 

By ordering or downloading our forms, you agree that such forms may only be used by you for your personal or business use and may not be sold or redistributed without the prior express written consent of Company.

 

Surveys and Contests

 

From time to time, the Website may offer the right to participate in surveys or contests, and may request information in connection with such surveys or contests.  Participation in these contests or surveys is completely voluntary and you may choose whether or not to participate, and therefore whether or not to disclose information sought by this Website.  Information requested may include contact information such as name and shipping address, or demographic information such as your age or ZIP code.  Contact information obtained through our Website may be used to notify the winners and award prizes.  Survey information may be used for purposes of monitoring or improving the use and satisfaction of users of the Website.

 

Use of Free Downloadable Content

 

Company may provide various resources on this Website, which users may access by providing an e-mail address. Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources in exchange for an email address and other demographic information about you, for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the free downloadable content in any manner.

 

By downloading the free downloadable content, you agree that such content you download may only be used by you for your personal or business use and may not be sold or redistributed without the prior express written consent of Company.

 

By downloading the free downloadable content, you further agree that you shall not create any derivative work based upon the free downloadable content and you shall not offer any competing products or services based upon any information contained in the free downloadable content.

 

Guests

 

 Company may, from time to time, provide information from a third party in the form of other media (e.g., podcast guest interview, interview on other platform, guest blog post, etc.). Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

 

Individuals who agree to appear as guests on any podcast or other medium offered by Company agree to transfer all intellectual property rights they may have in any such interviews to Company and further provide a license to any rights they are unable to assign, including but not limited to the personality rights of such individual guest.

 

No Refunds

 

 All sales are final, and Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances, unless otherwise specifically set forth in the subsequent written contract between you and us.

 

No Warranties

 

COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

 

YOU AGREE TO ABSOLVE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

 

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

 

COMPANY 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 WEBSITE 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. COMPANY 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 COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY 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 WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  TO THE EXTENT THAT SUCH LIMITATIONS ARE NOT APPLICABLE, YOU AND COMPANY AGREE THAT THE COMPANY’S MAXIMUM AMOUNT OF LIABILITY, REGARDLESS OF THE CLAIM, ALLEGATION OR CAUSE OF ACTION, IS THE TOTAL AMOUNT OF THE CONTRACT PRICE BETWEEN YOU AND COMPANY, LESS COMPANY’S OUT OF POCKET COSTS EXPENDED IN CONNECTION WITH THE CONTRACTED-FOR SERVICES.

 

Arbitration

 

In the event you assert any legal or equitable claim or cause of action against Company arising out of or relating to the use or operation of the Website, the services offered by Company, or the contract between you and Company, THE PARTIES AGREE THAT ANY AND ALL SUCH CLAIM OR CAUSE OF ACTION SHALL BE PRESENTED THROUGH BINDING ARBITRATION, THE EXCLUSIVE JURISDICTION AND VENUE FOR WHICH SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION, OR OTHER COMPARABLE ARBITRATION BODY, IN AUSTIN, TEXAS, AND THAT THE PARTIES EXPRESSLY WAIVE THE RIGHT TO JURY TRIAL IN FAVOR OF SUCH ARBITRATION.  You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Company. Each party agrees that it shall be responsible for its own costs and expenses relating to initiating the arbitration and for the administration of the arbitration.

 

International Users

 

Company does not collect data or information pertaining to international users.  The Website is controlled, operated and administered by Company from our offices within the United States. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use Company content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

 

You agree to indemnify, defend, and hold Company, its owners, officers, directors, employees, agents and third parties, harmless from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 

 

Termination and Access Restriction

 

Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, this section.

 

No Joint Venture or Other Relationship

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Website. Nothing contained in these Terms shall be in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Company with respect to such use. If any part of these Terms are 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.

 

Entire Agreement

 

Unless otherwise specified herein, these Terms, along with the Privacy Policy, constitute the entire agreement between the you and Company with respect to the Website and it supersedes any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Website. 

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

 

Company welcomes your questions or comments regarding the Terms:

 

hello@leahgoetzel.com or through the CONTACT page of this website. 


Effective as of February 25, 2020

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