Terms & Conditions

ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this www.BradKaplanPhotography.photos/ www.BradKaplanPhotography.com (the “Website”). You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

GENERAL CONDITIONS

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or any content on the Website, without express written permission by us. The headings used in these Terms and Conditions for convenience only and will not limit or otherwise affect these Terms and Conditions.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to our Website.

SERVICES, PRICES AND REFUNDS

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the and service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service. All sales are final. We do not offer any refunds on any digital products or services.

THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third- party.

PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. This can be found at the bottom of this page.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on this Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in this Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the Internet, generally; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of this Website or related website for violating any of the prohibited uses.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at bradkaplan@icloud.com.

Use Of Information

We reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures we have taken and what information we retain from your visit to this Website, please read our Website Privacy Policy.

Privacy Policy

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from this Website, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

HOW DO YOU GET OUR CONSENT?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

HOW DO I WITHDRAW OUR CONSENT?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at bradkaplan@icloud.com.

Editing, Deleting And Modification

We reserve the right in our sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Website at any time. We may alter the availability of any feature of this Website or service at any time.

Indemnification

You agree to indemnify, defend and hold us and our principals, shareholders, members, directors, officers, employees, agents and affiliates (collectively, “Affiliated Parties”) harmless from any damages, liability, losses, claims and expenses, including reasonable attorneys’ fees, , your use of this Website, your interaction with any other users, persons or organizations, or your violation of these Terms and Conditions. This indemnification obligation includes the payment of any attorney fees and costs incurred by any Affiliated Parties.

Account, Password And Nontransferability Of Access

If you visit or use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for anything that happens under your account or password. You may not transfer your right to use this Website or any password or right given to you to obtain access to this Website. You acknowledge that we is not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts and remove or edit content in our sole discretion.

Disclaimers

THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE”. YOUR ACCESS TO USE, OF AND RELIANCE ON THIS WEBSITE AND CONTENT ACCESSED THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE, OR THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS OR ERROR-FREE. WE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT OR PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE, OR ITS REGULATION, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.

Limitation Of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE.

FURTHER, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, OR DELAYS IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, OR THAT RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF KNOWLEDGEWORKS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THIS WEBSITE SHALL BE TO TERMINATE AND DISCONTINUE YOUR USE OF OR ACCESS TO THIS WEBSITE.

Change Of Terms

These Terms and Conditions supersede any prior and contemporaneous agreements, representations, warranties and understandings with respect to this Website. By using this Website, you agree to these Terms and Conditions as well as any posted changes of these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time. We ask that you review these Terms and Conditions from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms and Conditions, DO NOT use this Website.

Links To Other Accounts And Websites

The Website may contain links to other Websites. We are not responsible for the content, accuracy or opinions expressed in, or the existence of, such Websites, and we do not investigate, monitor or check for accuracy or completeness. Including a linked Website on this Website does not imply approval or endorsement of the linked Website. If you decide to leave our Website or access these third-party sites, you do so at your own risk. We are not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.

International Users

We control, operate and administer this Website from our office in the United States. If you access the Website from outside the United States, you are responsible for compliance with the laws of any applicable jurisdiction. You agree that you will not access the Website in any manner that is restricted by any applicable statutes or regulations.

Severability

If any provision of these Terms and Conditions are held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.

Headings Of The Terms Of Use

The section headings used in these Terms and Conditions are only for reference and the convenience of the readers and shall not constitute part of these Terms and Conditions for interpretation purposes.

No Waiver

The failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Entire Agreement

These Terms and Conditions constitute the entire and only agreement between you and WE and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.