Terms and Conditions - Light By Dawn Studios

Light By Dawn Studios Terms and Conditions - www.lightbydawn.com

Agreement between User and www.lightbydawn.com

Welcome to www.lightbydawn.com.

The www.lightbydawn.com website (the "Site") is comprisedof various web pages operated by Light By Dawn Studios ("Dawn O'Neal-Shumate").www.lightbydawn.com is offered to you conditioned on your acceptance without modification ofthe terms, conditions, and notices contained herein (the "Terms"). Your use ofwww.lightbydawn.com constitutes your agreement to all such Terms. Please read these termscarefully, and keep a copy of them for your reference.

www.lightbydawn.com is an E-Commerce Site.

Light By Dawn Studios is the business name representing Dawn O'Neal-Shumate as LeadPhotographer and Creative Director, herein listed as www.lightbydawn.com, which profiles,displays, markets, advertises, and provides sales of the creative work of the photographerincluding mobile studio portraits, custom commercial studio stills and on-site live event services.

Electronic Communications

Visiting www.lightbydawn.com or sending emails to Dawn O'Neal-Shumate constitutes electroniccommunications. You consent to receive electronic communications and you agree that allagreements, notices, disclosures and other communications that we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Dawn O'Neal-Shumate does not knowingly collect, either online or offline, personal informationfrom persons under the age of thirteen. If you are under 18, you may use www.lightbydawn.comonly with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.lightbydawn.com may contain links to other websites ("Linked Sites"). The Linked Sites arenot under the control of Dawn O'Neal-Shumate and Dawn O'Neal-Shumate is not responsible forthe contents of any Linked Site, including without limitation any link contained in a Linked Site, orany changes or updates to a Linked Site. Dawn O'Neal-Shumate is providing these links to youonly as a convenience, and the inclusion of any link does not imply endorsement by Dawn O'NealShumate of the site or any association with its operators.

Certain services made available via www.lightbydawn.com are delivered by third party sites andorganizations. By using any product, service or functionality originating from thewww.lightbydawn.com domain, you hereby acknowledge and consent that Dawn O'NealShumate may share such information and data with any third party with whom Dawn O'NealShumate has a contractual relationship to provide the requested product, service or functionality onbehalf of www.lightbydawn.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and usewww.lightbydawn.com strictly in accordance with these terms of use. As a condition of your useof the Site, you warrant to Dawn O'Neal-Shumate that you will not use the Site for any purposethat is unlawful or prohibited by these Terms. You may not use the Site in any manner which coulddamage, disable, overburden, or impair the Site or interfere with any other party's use andenjoyment of the Site. You may not obtain or attempt to obtain any materials or informationthrough any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of Dawn O'Neal-Shumateor its suppliers and protected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and other proprietary notices,legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.Dawn O'Neal-Shumate content is not for resale. Your use of the Site does not entitle you to makeany unauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of Dawn O'Neal-Shumate and the copyright owner. You agree that you do not acquireany ownership rights in any protected content. We do not grant you any licenses, express orimplied, to the intellectual property of Dawn O'Neal-Shumate or our licensors except as expresslyauthorized by these Terms.

International Users

The Service is controlled, operated and administered by Dawn O'Neal-Shumate from our officeswithin the USA. If you access the Service from a location outside the USA, you are responsiblefor compliance with all local laws. You agree that you will not use the Dawn O'Neal-ShumateContent accessed through www.lightbydawn.com in any country or in any manner prohibited byany applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Dawn O'Neal-Shumate, its officers, directors,employees, agents and third parties, for any losses, costs, liabilities and expenses (includingreasonable attorney's fees) relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any terms of this Agreement or yourviolation of any rights of a third party, or your violation of any applicable laws, rules or regulations.Dawn O'Neal-Shumate reserves the right, at its own cost, to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you, in which event you will fullycooperate with Dawn O'Neal-Shumate in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of orconcerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolvedonly by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a singleneutral arbitrator and administered by the American Arbitration Association, or a similar arbitrationservice selected by the parties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding or arbitration arises out of or concerns theseTerms and Conditions, the prevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms andConditions or any disputes arising as a result of these Terms and Conditions, whether directly orindirectly, including Tort claims that are a result of these Terms and Conditions. The parties agreethat the Federal Arbitration Act governs the interpretation and enforcement of this provision. Theentire dispute, including the scope and enforceability of this arbitration provision shall bedetermined by the Arbitrator. This arbitration provision shall survive the termination of these Termsand Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; classarbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'SINDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCHAS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THEOTHER. Further, unless both you and Dawn O'Neal-Shumate agree otherwise, the arbitrator maynot consolidate more than one person's claims, and may not otherwise preside over any form of arepresentative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THEINFORMATION HEREIN. LIGHT BY DAWN STUDIOS AND/OR ITS SUPPLIERS MAYMAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LIGHT BY DAWN STUDIOS AND/OR ITS SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANYPURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLSUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OFANY KIND. LIGHT BY DAWN STUDIOS AND/OR ITS SUPPLIERS HEREBYDISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THISINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL LIGHT BY DAWN STUDIOS AND/OR ITS SUPPLIERS BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIALDAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OFOR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THEPROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANYINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICSOBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OFTHE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, EVEN IF LIGHT BY DAWN STUDIOS OR ANY OF ITSSUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSESOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIEDWITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Dawn O'Neal-Shumate reserves the right, in its sole discretion, to terminate your access to the Siteand the related services or any portion thereof at any time, without notice. To the maximum extentpermitted by law, this agreement is governed by the laws of the State of North Carolina and youhereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputesarising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction thatdoes not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists betweenyou and Dawn O'Neal-Shumate as a result of this agreement or use of the Site. Dawn O'NealShumate's performance of this agreement is subject to existing laws and legal process, and nothingcontained in this agreement is in derogation of Dawn O'Neal-Shumate's right to comply withgovernmental, court and law enforcement requests or requirements relating to your use of the Siteor information provided to or gathered by Dawn O'Neal-Shumate with respect to such use. If anypart of this agreement is determined to be invalid or unenforceable pursuant to applicable lawincluding, but not limited to, the warranty disclaimers and liability limitations set forth above, thenthe invalid or unenforceable provision will be deemed superseded by a valid, enforceable provisionthat most closely matches the intent of the original provision and the remainder of the agreementshall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the userand Dawn O'Neal-Shumate with respect to the Site and it supersedes all prior orcontemporaneous communications and proposals, whether electronic, oral or written, between theuser and Dawn O'Neal-Shumate with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedingsbased upon or relating to this agreement to the same extent and subject to the same conditions asother business documents and records originally generated and maintained in printed form. It is theexpress wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Dawn O'Neal-Shumate reserves the right, in its sole discretion, to change the Terms under whichwww.lightbydawn.com is offered. The most current version of the Terms will supersede allprevious versions. Dawn O'Neal-Shumate encourages you to periodically review the Terms tostay informed of our updates.

Dawn O'Neal-Shumate welcomes your questions or comments regarding the Terms:

Light By Dawn Studios

PO Box 443

Boone, North Carolina 28607

Email Address:lightbydawnstudios@gmail.com

Telephone number:828-372-2485

Effective as of May 28, 2019

This is a RocketLawyer.com document.