Terms of Use - Kevin Chavez Photography

TERMS OF USE

YOUR ACCEPTANCE OF THESE TERMS OF USE: These terms of use (the “Terms of Use”) govern your use of the website, “www.kevinchavez.com” (the “Site”), all related products and/or services, and any other products and/or services we provide in connection with the Site (the Site and all of the foregoing are hereinafter referred to individually and collectively as, the “Services”). By using this Site, you are agreeing to comply with and be bound by these Terms of Use with Kevin Chavez Photography LLC (collectively, “Kevin Chavez Photography LLC,” “we,” “us,” and “our”). If you do not agree to these Terms of Use, then please do not use the Site and/or Services.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY: By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

OWNERSHIP OF THIS SITE AND ITS CONTENT: The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) all things otherwise provided to you as a part of the Services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.

LINKS AND THIRD-PARTY MATERIALS: Certain content, components, and/or features of the Services may include materials from third parties and/or hyperlinks to other web sites, resources, or content. You acknowledge and agree that because we may have no control over such third-party sites and/or materials, we are not responsible for the availability of such sites or resources, and do not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products, or materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products, or materials on or available from such sites or resources.

DISCLAIMERS: You understand and agree to the following:; YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO, FREE OF VIRUSES, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) ANY DEFECTS OR ERRORS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.; ANY MATERIAL TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.; WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THESE TERMS.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS, KEVIN CHAVEZ PHOTOGRAPHY LLC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE THE SERVICES, (b) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF ANY OF THE SERVICES, (c) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA, (d) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR CONTENT OR DATA ON OR THROUGH THE SERVICES, (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICES, (f) LOSS CAUSED BY A VIRUS; AND (g) ANY OTHER MATTERS WHATSOEVER RELATING TO THE SERVICES. WITHOUT LIMITING ANYTHING CONTAINED HEREIN AND FOR CLARITY, YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.; YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR ONE (1) MONTH IN QUESTION.

INDEMNITY: You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, (including attorneys’ fees, expert fees, expenses, and court costs), whether or not an action is actually commenced, made by a third party, relating to or arising from any of the following: (a) any content you submit, post, transmit, or otherwise make available through the Site and/or the Services; (b) your use of the Site and/or the Services; (c) any violation by you of these Terms of Use; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms of Use, and/or your use of the Services.

THESE TERMS OF USE MAY CHANGE: These Terms of Use are current as of the Effective Date. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. If we make any changes to these Terms of Use, we will change the Effective Date above, and where appropriate, may notify you via e-mail or announcement on the Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the Terms of Use as revised. If at any time you choose not to accept these Terms of Use, you should not use this Site and/or the Services.

GENERAL

ENTIRE AGREEMENT.
These Terms of Use, together with the Privacy Policy contain the entire understanding between you and us regarding your use of the Site, and supersedes all prior agreements, representations, and understandings between you and us relating to the subject matter hereof. However, for clarity, these Terms of Use and the Privacy Policy are not intended in any way to supersede any other agreements you enter into with Company, including but not limited to, Company’s commercial photography and/or portrait agreements. If you enter into any such agreements with Company and any terms contained in such agreements conflict with these Terms of Use and/or the Privacy Policy, the terms of such agreements shall prevail.
SEVERABILITY.
If any provision of these Terms of Use is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms of Use will be severable and remain in effect.
WAIVER.
Any failure by us to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms of Use.
CHOICE OF LAW.
The validity, construction, and performance of these Terms of Use shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws provisions.
MANDATORY ARBITRATION.
If a dispute arises out of or relating to any aspect of these Terms of Use, all of the parties agree to try and settle the dispute quickly and fairly through discussion. If the dispute cannot be settled through discussion, all parties agree to first try in good faith to settle the dispute by private mediation before resorting to arbitration. If a dispute cannot be resolved with either discussion or mediation, then the dispute shall be submitted for binding arbitration to an arbitration service chosen by us in or around Tulare County, California to conduct the binding arbitration under such services’ rules. In the event that no arbitration services exist in or around Tulare County, California, then we shall select another arbitration service in California. In the event of an arbitration (or any other court proceeding), the prevailing party shall be entitled to recover from the other party, all costs the prevailing party reasonably incurs in such arbitration (or other court proceeding), including without limitation, reasonable attorneys’ fees. You and Kevin Chavez Photography LLC thus KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION IN CONNECTION WITH THESE TERMS OF USE. FURTHER, YOU AND KEVIN CHAVEZ PHOTOGRAPHY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING.
ASSIGNMENT.
We shall have the right to assign or delegate any of our rights or obligations of these Terms of Use, in whole or in part, at any time, with or without prior notice to you. You may not assign these Terms of Use in any way. All obligations contained in these Terms of Use shall extend to and be binding upon the parties’ respective successors, assigns, and designees.
NO THIRD-PARTY BENEFICIARIES.
Except as otherwise expressly provided in these Terms of Use, you agree that there shall be no third‐party beneficiaries to these Terms of Use.

DEFINITIONS: The term “Content” refers to all of the software and codes comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.; The term “including” means “including, but not limited to.”

QUESTIONS: If you have any questions about this Site or these Terms of Use, please contact us using the following information: via email at hello@kevinchavez.com