TERMS OF SERVICE
IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
(defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.rachelldawnportraits.com,
or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who
may interact with this site, and “we”, “us” and “our” refer to Rachell Dawn Portraits, doing business as Rachell Dawn Portraits.
Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site,
you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
Rachell Dawn Portraits is a resource through which you may obtain portrait photography services.
Rachell Dawn Portraits permits you to control management of your personal information and invites you to read the complete statement of its
Rachell Dawn Portraits will only collect and otherwise access information you voluntarily provide via email or through other direct contact
initiated by you. Rachell Dawn Portraits will not sell or otherwise distribute this information any other individual or entity, except its
duly authorized agents, contractors, and other third parties that assist it in its business operations. Rachell Dawn Portraits is the sole
manager of such information collected on the Site. Rachell Dawn Portraits will use such information to respond to you as necessary.
You grant Rachell Dawn Portraits a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate
this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for
shipping of Products.
Links on the Site may be affiliate links controlled by parties other than Rachell Dawn Portraits to help support the maintenance of the Site.
Rachell Dawn Portraits does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site
and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and
use of affiliate links and release Rachell Dawn Portraits from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Rachell Dawn Portraits 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) any Products and portions therefore;
(c) all things otherwise provided to you as a part of Rachell Dawn Portraits’ services, and; (d) any other intellectual property rights
afforded to Rachell Dawn Portraits, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).
Except as stated below, Rachell Dawn Portraits does not grant you any rights to any Intellectual Property contained within the Site.
You agree not to make unauthorized use of or otherwise infringe upon Rachell Dawn Portraits’ Intellectual Property in anyway, and understand
that it is your responsibility to ensure you refrain from doing so. Rachell Dawn Portraits will take whatever legal action is necessary to
protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the services to
ensure compliance with these Terms.
By using the Site and entering personal information, you give Rachell Dawn Portraits permission to contact you via email, telephone,
and by any other method for which you include contact information to provide you with information regarding specials, new Products and
know by emailing us at firstname.lastname@example.org and we will kindly refrain from doing so.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, RACHELL DAWN PORTRAITS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL,
PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT
OF YOUR USE OF THE WEBSITE INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.
EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO RACHELL DAWN PORTRAITS, SUCH RECOVERY IS LIMITED TO THE
AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Alabama. Any dispute between
the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Huntsville, AL.
Rachell Dawn Portraits reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility
to review these Terms prior to use and periodically throughout your use of Rachell Dawn Portraits’ Products, and services.
Any questions regarding the above Terms may be directed to: