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.
This website is owned and operated by Willie & Kim Photography, LLC (“Company,” “we,” or “us”).
This Disclaimer, along with the Terms & Conditions and Privacy Policy, governs your access to and use of www.willieandkim.com, including any content, functionality and services offered on or through www.willieandkim.com (the “Website”), whether as a guest or a registered user.
Please read the Disclaimer carefully before 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 Disclaimer. If you do not want to agree to the Terms & Conditions and Privacy Policy, you must not access or use the Website.
AGREEMENT TO TERMS OF USE
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.
SCOPE OF TERMS OF USE
Willieandkim.com is an affiliate of Willie & Kim Photography, LLC, which in turn owns and operates the website. These Terms and Conditions shall apply not only to willieandkim.com, but to any and all websites owned and operated by Willie & Kim Photography, LLC, presently or in the future which include but are not necessarily limited to the following: www.willieandkimn.com
Additionally, these Terms and Conditions shall apply to any social media account owned and operated by Willie & Kim Photography, LLC, including but not limited to any account on Facebook, Linkedin, Twitter, Instagram, Pinterest, or the like.
These Terms and Conditions shall also apply to any site that Willie & Kim Photography, LLC may have owned or operated at some previous time, or that Willie & Kim Photography, LLC either currently owns and operated but has not listed herein, or that Willie & Kim Photography, LLC owns and operates at a future date. Unless otherwise provided, all references to the Sites shall be to any and all sites referenced in this section of the Terms and Conditions, but shall not apply to any Third Party Sites (discussed below).
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. Erica and Jon Photography, LLC 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, Willie & Kim Photography, LLC 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 Willie & Kim Photography, LLC harmless with respect to your use of the Third Party Sites, despite any link thereto provided on the Sites.
CONFIDENTIALITY
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 Willie & Kim Photography, LLC. 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 Willie & Kim Photography, LLC’s intellectual property is express or implied. You are not authorized nor permitted to utilize any such content and/or products on your sites without express permission from Willie & Kim Photography, LLC. By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree (1) not to infringe on or otherwise violate Willie & Kim Photography, LLC’s intellectual property, (2) to ensure that any confidential information disclosed to you by Willie & Kim Photography, LLC remains confidential, and (3) not to disclose any information provided to you by Willie & Kim 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 Willie & Kim Photography, LLC will be entitled to injunctive relief against you in relation to such violations.
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 the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.
FOR EDUCATIONAL AND INFORMATIONAL USE ONLY
The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.
NO GUARANTEES
You agree that the Company has not made any 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 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. 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.
REVIEWS
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. 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. If you would like more information about any such discounts and incentives, send an email to hello@willieandkim.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
AFFILIATE LINKS
From time to time, the Company participates in affiliate marketing and may allow 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, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company may not always inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your 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.
TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. 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 results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. 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 or by the Company.
REFUND POLICY
The refund policy for products purchased from the Sites 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 Willie & Kim Photography, LLC.
ERRORS AND OMISSIONS
This World Wide Web Site is a public 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 accept that the information contained on this Website may be erroneous and 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 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.
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 Willie & Kim 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 Sites without the express written consent of Willie & Kim Photography, LLC.
INDEMNIFICATION
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 Willie & Kim 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, 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.
DISPUTE RESOLUTION
If not resolved first via good faith negotiations, every controversy or dispute with Willie & Kim Photography, LLC relating to the content and/or products on the Sites must be submitted to the American Arbitration Association. All claims against Willie & Kim Photography, LLC 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 Willie & Kim Photography, LLC.
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 Willie & Kim Photography, LLC, shall be sent to:
Willie & Kim Photography, LLC
P. O. Box 1463
McKinney, TX 75070
REFUSAL OF SERVICE
Willie & Kim Photography, LLC reserves the right to refuse service to any person or entity without reason, including but limited 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.
GOVERNING LAW
These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of Texas.
PRIVACY POLICY AND EXCEPTIONS
See the separate Privacy Policy.
SCOPE OF USE OF SITE CONTENT
Willie & Kim Photography, LLC 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 Willie & Kim Photography, LLC. In order to request such consent, please consent, please contact hello@willieandkim.com.
Updated as of December 13, 2019
