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TERMS + CONDITIONS

Terms and Conditions
The following TERMS AND CONDITIONS are those in effect as of this date, between the owner and operator, Katelyn James Photography, LLC (“Katelyn James Photography,” the “Company,” or “We,” or “Us”) and the user (“You” or “Your”). The Website 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 Website, You agree to visit this URL regularly for updates to these Terms and Conditions.

These Terms & Conditions, along with our Privacy Policy, govern Your access to, use of and functionality and services offered on or through http://www.katelynjames.com, https://katelynjamesblog.com/, https://katelyn-james-courses.mykajabi.com/, https://go.katelynjames.com/, www.kjcourses.com, or any other associated domains and/ or subdomains owned by Us now or in the future (the “Website”).

AGREEMENT TO TERMS OF USE

Please read these Terms and Conditions the Privacy Policy carefully before accessing You start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions and Privacy Policy when this option is made available to You, You accept and agree to be bound and abide by the terms. Disclaimer: If You do not want to agree to the Terms & Conditions and Privacy Policy, You must not access or use the Website.

 By using and/or purchasing from any of the Websites, You expressly agree to any and all Terms and Conditions set forth herein. As stated above, We reserve the right to modify these Terms and Conditions at any time without notice, and it is Your responsibility to check this page periodically for any such changes. By using the Website(s) 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 these Terms and Conditions, then You shall relinquish any rights that You may have to the use of the Websites and any products purchased therefrom, and agree to no longer utilize the Website(s).

SCOPE OF TERMS OF USE


These Terms and Conditions apply to all websites owned and operated by Katelyn James Photography, LLC, which include but are not necessarily limited to the following:

           www.katelynjames.com
           www.katelynjamesblog.com
 https://go.katelynjames.com/
 www.kjcourses.com
 https://katelyn-james-courses.mykajabi.com/



On occasion, the Websites will provide links to third party sites (hereinafter referred to as the “Third Party Websites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to Our Website(s), and expressly do not apply to the Third Party Websites. 

Katelyn James Photography, LLC has no official affiliation with the Third Party Websites, and therefore has no control over the terms and conditions that will apply to the Third Party Websites. It is Your responsibility to review the Third Party Websites for their applicable terms and conditions.

Additionally, Katelyn James Photography, LLC does not endorse or take any responsibility for the content or products provided on the Third Party Websites. Therefore, You agree to hold Katelyn James Photography, LLC harmless with respect to Your use of the Third Party Websites, despite any link thereto provided on the Websites.

CHILDREN UNDER THE AGE OF 14

Our Website is not intended for children under 14 years of age. No one under age 14 may provide any information to or on the Website. We do not knowingly collect personal information from children under 14. If You are under 14, do not use or provide any information on these Website or on or through any of the features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about Yourself to us, including Your name, address, telephone number, email address, or any screen name or user name You may use.

If We learn We have collected or received personal information from a child under 14 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 14, please contact Us at katelyn@katelynjames.com. 

CONFIDENTIALITY
By utilizing the content or purchasing the products contained on the Websites, You expressly acknowledge that such information and materials are confidential, and agree not to disclose or share any such information to any third party.

INTELLECTUAL PROPERTY/ SINGLE USE LICENSE
All content contained in and all products sold on the Websites are the intellectual property of Katelyn James Photography, LLC, and are protected by the copyright and trademark laws of the United States. 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 Katelyn James Photography, LLC’s intellectual property is express or implied. You are not authorized nor permitted to use, sell, or share Our content and/or products on Your sites without express permission from Katelyn James Photography, LLC. You expressly agree (1) not to infringe on or otherwise violate Katelyn James Photography, LLC’s intellectual property, (2) to ensure that any confidential information disclosed to You by Katelyn James Photography, LLC remains confidential, and (3) not to disclose any information provided to You by Katelyn James Photography, LLC to any third party. In the event that You violate any provisions of this section of the Terms and Conditions, You agree that Katelyn James Photography, LLC will be entitled to any and all remedies under the law, including but not limited to compensatory, punitive, and/ or treble damages and injunctive relief against You or third parties in relation to such violations.

SCOPE OF USE OF WEBSITE CONTENT

Notwithstanding the above, Katelyn James Photography, LLC owns the content contained on the Websites. Accordingly, You may:
Link to the Website.
Extract any portion of a post on the Websites, provided that You cite the appropriate Website and provide a link to that Website.
Print and distribute portions of the Websites for internal distribution within Your company.
Print any information from the Websites 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 Websites in any other manner, You must first obtain the express written consent of Katelyn James Photography, LLC. In order to request such consent, please consent, please contact katelyn@katelynjames.com

NO PROFESSIONAL-CLIENT RELATIONSHIP 

Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between You and Katelyn James Photography, LLC. We do not accept You as a client unless and until We You have signed a written agreement and paid a retainer fee in full, or until all fees are completed and processed. Thus, You recognize and agree that We have not created any professional-client relationship by Your use of this Website.

FOR EDUCATIONAL AND INFORMATIONAL USE ONLY

The information contained on the Website(s) and the resources available for download through the Website(s) are for educational and informational purposes only.

NO GUARANTEES

We make no guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in photography, business, and otherwise. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome in exposure, earnings, or other business potential. Thus, the results obtained by others – whether clients or customers of the 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. 

THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THE OUTCOMES, EFFECTS, OR SUCCESS RATE OF THE PROGRAM, WHETHER VERBALLY OR IN WRITING. 

Furthermore, We do not represent and warrant that the Website(s) will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the service or associated downloads are free from viruses or harmful components. USE OF THE WEBSITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.

REVIEWS

At various times, We may provide reviews of products, books, software applications, services, or other resources. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, We will provide honest reviews of these products and/or services. You recognize that You should conduct Your own due diligence and should not rely solely upon any reviews provided on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product in compliance with FTC guidelines. If You would like more information about any such discounts and incentives, send an email to katelyn@katelynjames.com that includes the title of the reviewed product as the subject line. 

TESTIMONIALS

At various places on this Website, You may find testimonials from clients and customers of the products and services offered by us. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about the results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. We make no guarantees about the outcomes, income potential, or success of any practice, program, method, teaching, tool, or other recommendation given by Us or our affiliates. You specifically recognize and agree that the testimonials are not a guarantee of results that You or anyone else will obtain by using any products or services offered on this Website.

EARNINGS DISCLAIMER. 


The information presented in this Website is intended to be for Your educational and entertainment purposes only. The Company is not
(1) presenting the Student with a business opportunity;
(2) presenting the Student with a distributorship;
(3) making any claims as to income a Student may earn;
(4) presenting You the Student an opportunity to “get rich.”
 
Before embarking on any endeavor, please use caution and seek the advice of Your own personal professional advisors, such as Your attorney and Your accountant.
 
Income figures are anecdotal information passed on concerning the results achieved by the individual sharing the information. TWe have performed no independent verification of the statements made by those individuals. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
 
Materials in the Program and on the Company website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
 
AFFILIATE LINKS

From time to time, the Company participates in affiliate marketing and may include affiliate links to be included on some of our pages. This means that We may earn a commission if/when You click on or make purchases via affiliate links. As a policy, We will only affiliate with products, services, coaches, consultants, and other experts that We believe will provide value to our customers and followers.

You recognize that it remains Your personal responsibility to investigate whether any affiliate offers are right for Your business and will benefit You. You agree to conduct and rely on Your own investigation to decide whether to purchase the affiliate product or service. 

NO ENDORSEMENTS

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is Your responsibility to conduct Your own investigation and make Your own determination about any such product, service, coach, consultant, and/or expert.

REFUND POLICY

The refund policy for products purchased from the Websites differ for each product, so check the sales material at the time of Your order for details. If You do not understand or agree with any of these conditions (or those set forth in the sales material for each product), please do not order this material. If You require further clarification, please contact us by email (below).


PLEASE NOTE: If You request and receive a refund for any product, service, or course as part of any of our 100% money back guarantees, You will be allowed to purchase other products, services or courses in the future, or even the same product, service or course in the future; but, in doing so, You acknowledge that You waive Your right to a refund on any and all of those future purchases, at any time, for any reason. In other words, You can’t get a refund more than once. To put it plainly: if You receive a refund for one thing, choose to buy something else, and then want another refund, we’re clearly just not the right fit for each other.

ERRORS AND OMISSIONS 

This Website is a resource of general information that is intended, but not promised or guaranteed to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but We cannot represent that this Website is free of errors. You agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.

FORCE MAJEURE

In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act 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 to perform the obligations under this Agreement, that Party’s performance shall be extended (but not excused) without liability for the period of delay. Notwithstanding the foregoing, any regularly scheduled payments shall continue to be processed during the period of delay.

SEVERABILITY/ WAIVER

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 Katelyn James Photography, LLC to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.

USER’S PERSONAL RESPONSIBILITY

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 action or implementing any plan or policy suggested or recommended on this Website.

ASSIGNMENT

You may not assign Your rights to utilize the content or products contained on the Websites without the express written consent of Katelyn James Photography, LLC.

INDEMNIFICATION

By utilizing the content or purchasing the products contained on the Websites, You agree, for Yourself, Your spouse (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 Katelyn James Photography, LLC, 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, injuries, damages, claims, and demands whatsoever from the e date of this Agreement arising from or relating to Your use of said content and or products from the Websites.

DISPUTE RESOLUTION

If not resolved first via good faith negotiations, every controversy or dispute with Katelyn James Photography, LLC relating to the content and/or products on the Websites, Your use of the Website, and/ or this Privacy Policy, the Parties agree to first submit the dispute to mediation. The mediator shall be selected by an agreement of the Parties, and costs shall be split equally between the Parties The mediation shall take place in Henrico, Virginia, occur within ninety (90) days from the date of the initial mediation demand. If the Parties cannot reach a settlement within niney (90) days from the start of the mediation, the Parties may submit the matter to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. 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. All claims against Katelyn James Photography, LLC must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. Notwithstanding the foregoing, We may bring collection actions with which to collect debts on unpaid accounts, the cost, attorneys fees, and expenses of which the losing party shall bear.


NOTICES

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. Any notice, demand, or communication directed to Katelyn James Photography, LLC, shall be sent to: 

Katelyn James Photography, LLC
4990 Sadler Rd. Box #2995 Glen Allen, Virginia 23058

REFUSAL OF SERVICE

Katelyn James Photography, LLC reserves the right to refuse service to any person or entity without reason, including but limited restricting access to the Websites and refusing to sell products contained on the Websites.

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.

GOVERNING LAW

These Terms and Conditions shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia.

PRIVACY POLICY AND EXCEPTIONS

CLICK HERE TO VIEW PRIVACY POLICY 

COPYRIGHT AND DMCA

Katelyn James Photography respects the intellectual property rights of others. Per the DMCA, We will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action We deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If You believe that Your intellectual property rights have been violated by Us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

A description of the copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
An address, telephone number, and email address where We can contact You and, if different, an email address where the alleged infringing party can contact You;
A statement that You have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by You under penalty of perjury that the information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.
We may request additional information before removing any allegedly infringing material. In the event We remove the allegedly infringing materials, Katelyn James Photography will immediately notify the person responsible for posting such materials that We have removed or disabled access to the materials. We may also provide the responsible person with Your email address so that the person may respond to Your allegations.

Pursuant to 17 U.S.C. 512(c), Katelyn James Photography’s designated Copyright Agent is:

Name: Michael Alsop
4990 Sadler Rd. Box #2995 Glen Allen, Virginia 23058
Email Address: michael@katelynjames.com

Updated as of January 9, 2019

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