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Images by Dena

Photography

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    • Beginner’s Photography Essentials
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Terms & Conditions

The fol­low­ing Terms of Use are entered into by and between You and Images by Dena (“Com­pa­ny,” “we,” or “us”).

The fol­low­ing terms and con­di­tions, togeth­er with any doc­u­ments they express­ly incor­po­rate by ref­er­ence (col­lec­tive­ly, these “Terms of Use”), gov­ern your access to and use of Images by Dena includ­ing any con­tent, func­tion­al­i­ty, and ser­vices offered on or through ANY of our web­sites online, includ­ing, with­out lim­i­ta­tion, Images by Dena, whether as a guest or a reg­is­tered user.

Please read the Terms of Use care­ful­ly before you start to use these Web­sites. By using the Web­site or by click­ing to accept or agree to the Terms of Use when this option is made avail­able to you, you accept and agree to be bound and abide by these Terms of Use and our Pri­va­cy Pol­i­cy, incor­po­rat­ed here­in by ref­er­ence. If you do not want to agree to these Terms of Use or the Pri­va­cy Pol­i­cy, you must not access or use the Website.

This Web­site is offered to users who are 16 years of age or old­er. By using this Web­site, you rep­re­sent and war­rant that you are of legal age to form a bind­ing con­tract with the Com­pa­ny and meet all of the pre­ced­ing eli­gi­bil­i­ty require­ments. If you do not meet all of these require­ments, you must not access or use these Websites.

Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time in our sole dis­cre­tion. All changes are effec­tive imme­di­ate­ly and apply to all access to and use of the Web­sites there­after. Your con­tin­ued use of the Web­site fol­low­ing the post­ing of revised Terms of Use means that you accept and agree to the changes.

Pri­va­cy
Your use of the Web­site is also sub­ject to the Company’s Pri­va­cy Pol­i­cy. Please review our Pri­va­cy Pol­i­cy, which also gov­erns the Web­site and informs users of our data col­lec­tion prac­tices. Your agree­ment to the Pri­va­cy Pol­i­cy is here­by incor­po­rat­ed into these Terms of Use.

Dis­claimer
Your use of the Web­site is also sub­ject to the Company’s Dis­claimer. Please review our Dis­claimer, which also gov­erns the Web­site and informs users of var­i­ous lim­i­ta­tions regard­ing the infor­ma­tion pro­vid­ed. Your agree­ment to the Dis­claimer is here­by incor­po­rat­ed into these Terms of Use.

Access­ing The Web­site And Account Secu­ri­ty
 We reserve the right to with­draw or amend the Web­site and any ser­vice or mate­r­i­al pro­vid­ed with­out notice. We will not be liable if for any rea­son all or any part of this Web­site is unavail­able at any time or for any peri­od. From time to time, we may restrict access to some parts of this Web­site, or the entire Website.

To access the Web­site or some of the resources it offers, you may be asked to pro­vide spe­cif­ic reg­is­tra­tion details or oth­er infor­ma­tion. It is a con­di­tion of your use of the Web­site and any resources down­loaded from the Web­site that all the infor­ma­tion you pro­vide on the Web­site is cor­rect, cur­rent, and com­plete. You agree that all infor­ma­tion you pro­vide to reg­is­ter with the Web­site or oth­er­wise, includ­ing but not lim­it­ed to through the use of any inter­ac­tive fea­tures on this Web­site, is gov­erned by our Pri­va­cy Pol­i­cy, and you con­sent to all actions we take con­cern­ing your infor­ma­tion con­sis­tent with our Pri­va­cy Policy.

If you choose or are pro­vid­ed with, a user name, pass­word, or any oth­er piece of infor­ma­tion as part of our secu­ri­ty pro­ce­dures, you must treat such infor­ma­tion as con­fi­den­tial. You also acknowl­edge that your account is per­son­al to you and agree not to pro­vide any oth­er per­son with access to this Web­site or por­tions of it using your user name, pass­word or oth­er secu­ri­ty infor­ma­tion. You agree to noti­fy us imme­di­ate­ly of any unau­tho­rized access to or use of your user name or pass­word or any oth­er breach of secu­ri­ty. You should use par­tic­u­lar cau­tion when access­ing your account from a pub­lic or shared com­put­er so that oth­ers are not able to view or record your pass­word or oth­er per­son­al information.

We have the right to dis­able any user name, pass­word, whether cho­sen by you or pro­vid­ed by us, at any time in our sole dis­cre­tion for any or no rea­son, includ­ing if, in our opin­ion, you have vio­lat­ed any pro­vi­sion of these Terms of Use.

No Unlaw­ful Or Pro­hib­it­ed Use And Intel­lec­tu­al Prop­er­ty
You are grant­ed a non-exclu­sive, non-trans­fer­able, revo­ca­ble license to access and use the Web­site and the resources avail­able for down­load from the Web­site strict­ly by these Terms of Use.

As a con­di­tion of your use of the Web­site, you war­rant to the Com­pa­ny that you will not use the Web­site or any of the resources avail­able for down­load from the Web­site for any pur­pose that is unlaw­ful or pro­hib­it­ed by these Terms. You may not use the Web­site or any of the resources avail­able for down­load from the Web­site in any man­ner that could dam­age, dis­able, over­bur­den, or impair the Web­site or inter­fere with any oth­er party’s use and enjoy­ment of the Web­site. You may not obtain or attempt to obtain any mate­ri­als or infor­ma­tion through any means not inten­tion­al­ly made avail­able or pro­vid­ed for through the Website.

All con­tent includ­ed, such as text, graph­ics, logos, images, as well as the com­pi­la­tion there­of, and any soft­ware used on the Web­site is the prop­er­ty of the Com­pa­ny or its sup­pli­ers and pro­tect­ed by copy­right and oth­er laws that pro­tect intel­lec­tu­al prop­er­ty and pro­pri­etary 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 to it.

You will not mod­i­fy, pub­lish, trans­mit, reverse engi­neer, par­tic­i­pate in the trans­fer or sale, cre­ate deriv­a­tive works, or in any way exploit any of the con­tent, in whole or in part, found on the website.

The Com­pa­ny con­tent is not for resale. Your use of the Web­site or any of the resources avail­able for down­load from the Web­site does not enti­tle you to make any unau­tho­rized use of any pro­tect­ed con­tent, and in par­tic­u­lar, you will not delete or alter any pro­pri­etary rights or attri­bu­tion notices in any con­tent. You will use pro­tect­ed con­tent sole­ly for your indi­vid­ual use and will make no oth­er use of the con­tent with­out the express writ­ten per­mis­sion of the Com­pa­ny and the copy­right own­er. You agree that you do not acquire any own­er­ship rights in any pro­tect­ed con­tent. We do not grant you any licens­es, express or implied, to the intel­lec­tu­al prop­er­ty of the Com­pa­ny or our licen­sors except as express­ly autho­rized by these Terms.

The Com­pa­ny name, the Com­pa­ny logo, the Com­pa­ny slo­gan, and all relat­ed names, logos, prod­uct and ser­vice names, designs, and slo­gans are trade­marks of the Com­pa­ny or its affil­i­ates or licen­sors. You must not use such marks with­out the pri­or writ­ten per­mis­sion of the Com­pa­ny. All oth­er names, logos, prod­uct and ser­vice names, designs, and slo­gans on these Web­sites are the trade­marks of their respec­tive owners. 

For Edu­ca­tion­al And Infor­ma­tion­al Pur­pos­es Only
As set forth more ful­ly in the Dis­claimer, the infor­ma­tion con­tained on these Web­sites and the resources avail­able for down­load through these Web­sites is for edu­ca­tion­al and infor­ma­tion­al pur­pos­es only. The infor­ma­tion con­tained on these Web­sites and the resources avail­able for down­load through these Web­sites is not intend­ed as, and shall not be under­stood or con­strued as legal, finan­cial, tax, med­ical, health, or any oth­er pro­fes­sion­al advice.

Accu­ra­cy And Per­son­al Respon­si­bil­i­ty
As set forth more ful­ly in the Dis­claimer, we have done our best to ensure that the infor­ma­tion pro­vid­ed on these Web­sites and the resources avail­able for down­load are accu­rate and pro­vide valu­able infor­ma­tion, but we can­not guar­an­tee the accu­ra­cy of the infor­ma­tion. Nei­ther the Com­pa­ny nor any of its own­ers or employ­ees shall be held liable or respon­si­ble for any errors or omis­sions on the Web­site or for any dam­age you may suf­fer as a result of fail­ing to seek com­pe­tent advice from a pro­fes­sion­al who is famil­iar with your situation.

By using the 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 the Web­site or the resources avail­able for down­load from the Web­site. You agree to use judg­ment and con­duct due dili­gence before tak­ing any actions or imple­ment­ing any plans or poli­cies sug­gest­ed or rec­om­mend­ed on the Website.

No Guar­an­tees As To Results
As set forth more ful­ly in the Dis­claimer, you agree that the Com­pa­ny has not made any guar­an­tees about the results of tak­ing any action, whether rec­om­mend­ed on the Web­site or not. The Com­pa­ny pro­vides edu­ca­tion­al and infor­ma­tion­al resources that are intend­ed to help users of the Web­site suc­ceed. You nev­er­the­less rec­og­nize that your ulti­mate suc­cess or fail­ure will be the result of your efforts, your par­tic­u­lar sit­u­a­tion, and innu­mer­able oth­er cir­cum­stances beyond the con­trol and knowl­edge of the Company.

You also rec­og­nize that pri­or results do not guar­an­tee a sim­i­lar out­come.  Thus, the results obtained by oth­ers — whether clients of the Com­pa­ny or oth­er­wise — apply­ing the prin­ci­ples set out in these Web­sites are no guar­an­tee that you or any oth­er per­son or enti­ty will be able to obtain sim­i­lar results.

Email And Oth­er Elec­tron­ic Com­mu­ni­ca­tions
Vis­it­ing these Web­sites or send­ing emails to the Com­pa­ny con­sti­tutes elec­tron­ic com­mu­ni­ca­tions. You con­sent to receive elec­tron­ic com­mu­ni­ca­tions, and you agree that all agree­ments, notices, dis­clo­sures, and oth­er com­mu­ni­ca­tions that we pro­vide to you elec­tron­i­cal­ly, via email and on the Web­site, sat­is­fy any legal require­ment that such com­mu­ni­ca­tions be in writing.

We would be pleased to com­mu­ni­cate with you by e‑mail, and there are var­i­ous places on the Web­site that pro­vide you the abil­i­ty to send an elec­tron­ic com­mu­ni­ca­tion to the Com­pa­ny. Any such email or oth­er elec­tron­ic com­mu­ni­ca­tion, how­ev­er, does not cre­ate a busi­ness rela­tion­ship or any con­trac­tu­al rela­tion­ship.  As set forth more ful­ly in our Pri­va­cy Pol­i­cy, we will take rea­son­able steps to ensure that any com­mu­ni­ca­tions remain con­fi­den­tial, but we can­not guar­an­tee the secu­ri­ty of such com­mu­ni­ca­tions and can­not guar­an­tee that we would not be required to dis­close such com­mu­ni­ca­tions as a result of a court order.

Use Of Com­mu­ni­ca­tion Ser­vices
The Web­site may con­tain bul­letin board ser­vices, chat areas, news groups, forums, com­mu­ni­ties, per­son­al web pages, cal­en­dars, blog com­ment sec­tions and oth­er mes­sage or com­mu­ni­ca­tion facil­i­ties designed to enable you to com­mu­ni­cate with the pub­lic at large or with a group (col­lec­tive­ly, “Com­mu­ni­ca­tion Ser­vices”), you agree to use the Com­mu­ni­ca­tion Ser­vices only to post, send and receive mes­sages and mate­r­i­al that are prop­er and relat­ed to the par­tic­u­lar Com­mu­ni­ca­tion Service.

By way of exam­ple, and not as a lim­i­ta­tion, you agree that when using a Com­mu­ni­ca­tion Ser­vice, you will not: defame, abuse, harass, stalk, threat­en or oth­er­wise vio­late the legal rights (such as rights of pri­va­cy and pub­lic­i­ty) of oth­ers; pub­lish, post, upload, dis­trib­ute or dis­sem­i­nate any inap­pro­pri­ate, pro­fane, defam­a­to­ry, infring­ing, obscene, inde­cent or unlaw­ful top­ic, name, mate­r­i­al or infor­ma­tion; upload files that con­tain soft­ware or oth­er mate­r­i­al pro­tect­ed by intel­lec­tu­al prop­er­ty laws (or by rights of pri­va­cy of pub­lic­i­ty) unless you own or con­trol the rights there­to or have received all nec­es­sary con­sents; upload files that con­tain virus­es, cor­rupt­ed files, or any oth­er sim­i­lar soft­ware or pro­grams that may dam­age the oper­a­tion of anoth­er’s com­put­er; adver­tise or offer to sell or buy any goods or ser­vices for any busi­ness pur­pose, unless such Com­mu­ni­ca­tion Ser­vice specif­i­cal­ly allows such mes­sages; con­duct or for­ward sur­veys, con­tests, pyra­mid schemes or chain let­ters; down­load any file post­ed by anoth­er user of a Com­mu­ni­ca­tion Ser­vice that you know, or rea­son­ably should know, can­not be legal­ly dis­trib­uted in such man­ner; fal­si­fy or delete any author attri­bu­tions, legal or oth­er prop­er notices or pro­pri­etary des­ig­na­tions or labels of the ori­gin or source of soft­ware or oth­er mate­r­i­al con­tained in a file that is uploaded, restrict or inhib­it any oth­er user from using and enjoy­ing the Com­mu­ni­ca­tion Ser­vices; vio­late any code of con­duct or oth­er guide­lines which may be applic­a­ble for any par­tic­u­lar Com­mu­ni­ca­tion Ser­vice; har­vest or oth­er­wise col­lect infor­ma­tion about oth­ers, includ­ing e‑mail address­es, with­out their con­sent; vio­late any applic­a­ble laws or regulations.

The Com­pa­ny has no oblig­a­tion to mon­i­tor the Com­mu­ni­ca­tion Ser­vices. How­ev­er, the Com­pa­ny reserves the right to review mate­ri­als post­ed to a Com­mu­ni­ca­tion Ser­vice and to remove any mate­ri­als in its sole dis­cre­tion. The Com­pa­ny reserves the right to ter­mi­nate your access to any or all of the Com­mu­ni­ca­tion Ser­vices at any time with­out notice for any rea­son whatsoever.

The Com­pa­ny reserves the right at all times to dis­close any infor­ma­tion as nec­es­sary to sat­is­fy any applic­a­ble law, reg­u­la­tion, legal process or gov­ern­men­tal request, or to edit, refuse to post or to remove any infor­ma­tion or mate­ri­als, in whole or in part, in the Company’s sole discretion.

Always use cau­tion when giv­ing out any per­son­al­ly iden­ti­fy­ing infor­ma­tion about your­self in any Com­mu­ni­ca­tion Ser­vice. The Com­pa­ny does not con­trol or endorse the con­tent, mes­sages or infor­ma­tion found in any Com­mu­ni­ca­tion Ser­vice and, there­fore, the Com­pa­ny specif­i­cal­ly dis­claims any lia­bil­i­ty with regard to the Com­mu­ni­ca­tion Ser­vices and any actions result­ing from your par­tic­i­pa­tion in any Com­mu­ni­ca­tion Ser­vice. Man­agers and hosts have not autho­rized the Com­pa­ny spokesper­sons, and their views do not nec­es­sar­i­ly reflect those of the Company.

Mate­ri­als uploaded to a Com­mu­ni­ca­tion Ser­vice may be sub­ject to post­ed lim­i­ta­tions on usage, repro­duc­tion, and dis­sem­i­na­tion. You are respon­si­ble for adher­ing to such lim­i­ta­tions if you upload the materials.

Mate­ri­als Pro­vid­ed To The Web­site
The Com­pa­ny does not claim own­er­ship of the mate­ri­als you pro­vide to the Web­site (includ­ing feed­back and sug­ges­tions) or post, upload. How­ev­er, by post­ing, upload­ing, inputting, pro­vid­ing, or sub­mit­ting your Sub­mis­sion you are grant­i­ng the Com­pa­ny, our affil­i­at­ed com­pa­nies, and nec­es­sary sub-licensees per­mis­sion to use your Sub­mis­sion in con­nec­tion with the oper­a­tion of their Inter­net busi­ness­es includ­ing, with­out lim­i­ta­tion, the rights to copy, dis­trib­ute, trans­mit, pub­licly dis­play, pub­licly per­form, repro­duce, edit, trans­late, and, refor­mat your Sub­mis­sion; and to pub­lish your name in con­nec­tion with your Submission.

No com­pen­sa­tion will be paid con­cern­ing the use of your Sub­mis­sion, as pro­vid­ed here­in. The Com­pa­ny is under no oblig­a­tion to post or use any Sub­mis­sion you may pro­vide and may remove any Sub­mis­sion at any time in the Company’s sole discretion.

By post­ing, upload­ing, inputting, pro­vid­ing, or sub­mit­ting your Sub­mis­sion, you war­rant and rep­re­sent that you own or oth­er­wise con­trol all of the rights to your Sub­mis­sion as described in this sec­tion includ­ing, with­out lim­i­ta­tion, all the rights nec­es­sary for you to pro­vide, post, upload, input or sub­mit the Submissions.

Links To Third-Par­ty Web­sites And Ser­vices
The Web­site may con­tain links to oth­er Web­sites (“Linked Web­sites”). The Linked Web­sites are not under the con­trol of the Com­pa­ny, and the Com­pa­ny is not respon­si­ble fo,r the con­tents of any Linked Web­site, includ­ing with­out lim­i­ta­tion any link con­tained in a Linked Web­site, or any changes or updates to a Linked Web­site. The Com­pa­ny is pro­vid­ing these links to you only as a con­ve­nience, and the inclu­sion of any link does not imply endorse­ment by the Com­pa­ny of the Web­site or any asso­ci­a­tion with its operators.

Cer­tain ser­vices made avail­able via the Web­site are deliv­ered by third-par­ty Web­sites and orga­ni­za­tions. By using any prod­uct, ser­vice, or func­tion­al­i­ty orig­i­nat­ing from the Web­site, you here­by acknowl­edge and con­sent that the Com­pa­ny may share such infor­ma­tion and data with any third par­ty with whom the Com­pa­ny has a con­trac­tu­al rela­tion­ship to pro­vide the request­ed prod­uct, ser­vice or func­tion­al­i­ty on behalf of the Website’s users and customers.

Use of Paid Cours­es, Pro­grams, and Asso­ci­at­ed Mate­r­i­al
The Com­pa­ny pro­vides var­i­ous cours­es, pro­grams, and asso­ci­at­ed mate­r­i­al for sale on the Web­site. The Com­pa­ny grants you a lim­it­ed, per­son­al, non-exclu­sive, non-trans­fer­able license to use our cours­es, pro­grams, and asso­ci­at­ed mate­r­i­al (col­lec­tive­ly the “Cours­es”) for your own per­son­al or inter­nal busi­ness use. Except as oth­er­wise pro­vid­ed, you acknowl­edge and agree that you have no right to mod­i­fy, edit, copy, repro­duce, cre­ate deriv­a­tive works of, reverse engi­neer, alter, enhance or in any way exploit any of the Cours­es in any manner.

By order­ing or par­tic­i­pat­ing in Cours­es, you agree that the Cours­es you pur­chase or down­load may only be used by you for your per­son­al or busi­ness use and may not be sold or redis­trib­uted with­out the express writ­ten con­sent of the Company.

By order­ing or par­tic­i­pat­ing in Cours­es, you fur­ther agree that you shall not cre­ate any deriv­a­tive work based upon the Cours­es, and you shall not offer any com­pet­ing prod­ucts or ser­vices based upon any infor­ma­tion con­tained in the Courses.

Use Of Free Down­load­able Con­tent
The Com­pa­ny pro­vides var­i­ous resources on the Web­site, which users may access by pro­vid­ing an e‑mail address. The Com­pa­ny grants you a lim­it­ed, per­son­al, non-exclu­sive, non-trans­fer­able license to use our resources pro­vid­ed in exchange for an email address for your own per­son­al or inter­nal busi­ness use. Except as oth­er­wise pro­vid­ed, you acknowl­edge and agree that you have no right to mod­i­fy, edit, copy, repro­duce, cre­ate deriv­a­tive works of, reverse engi­neer, alter, enhance or in any way exploit any of the con­tent in any manner.

By down­load­ing the con­tent, you agree that the con­tent you down­load may only be used by you for your per­son­al or busi­ness use and may not be sold or redis­trib­uted with­out the express writ­ten con­sent of the Com­pa­ny. 
By down­load­ing the con­tent, you fur­ther agree that you shall not cre­ate any deriv­a­tive work based upon the con­tent, and you shall not offer any com­pet­ing prod­ucts or ser­vices based upon any infor­ma­tion con­tained in the Freemi­um Content.

Guests
The Com­pa­ny may, from time to time, pro­vide infor­ma­tion from a third par­ty in the form of a pod­cast guest inter­view, inter­view on oth­er plat­forms, or guest blog posts. The Com­pa­ny does not con­trol the infor­ma­tion pro­vid­ed by such third-par­ty guests, is not respon­si­ble for inves­ti­gat­ing the truth of any infor­ma­tion pro­vid­ed, and can­not guar­an­tee the verac­i­ty of any state­ments made by such guests.

Indi­vid­u­als who agree to post a blog as guests on the Web­site offered by the Com­pa­ny agree to trans­fer all intel­lec­tu­al prop­er­ty rights they may have in any such inter­views to the Com­pa­ny and fur­ther pro­vide a license to any rights they are unable to assign.

Mon­ey-Back Guar­an­tee
We are hap­py to work with each cus­tomer until they are ful­ly sat­is­fied. We allow returns for refunds if the item with­in 30 days or less of purchase.

No War­ranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Lim­i­ta­tion of Lia­bil­i­ty
YOU AGREE TO ABSOLVE THE COMPANY OF ANY, AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY and ITS SUPPLIERS MAY MAKE IMPROVEMENTS and CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY and ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY and ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY and ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Law and Juris­dic­tion
These Terms, Con­di­tions and Pri­va­cy Pol­i­cy are gov­erned by and con­strued by Unit­ed States law. Any dis­pute aris­ing out of or relat­ed to the infor­ma­tion con­tained here­in is sub­ject to adju­di­ca­tion in the state of Flori­da Unit­ed States.

Indem­ni­fi­ca­tion
You agree to indem­ni­fy, defend, and hold harm­less the Com­pa­ny, its offi­cers, direc­tors, employ­ees, agents and third par­ties, for any loss­es, costs, lia­bil­i­ties, and expens­es (includ­ing rea­son­able attor­neys’ fees) relat­ing to or to arise out of your use of or inabil­i­ty to use the Web­site or ser­vices, any user post­ings made by you, your vio­la­tion of any terms of this Agree­ment or your vio­la­tion of any rights of a third par­ty, or your vio­la­tion of any applic­a­ble laws, rules or reg­u­la­tions. The Com­pa­ny reserves the right, at its own cost, to assume the exclu­sive defense and con­trol of any mat­ter oth­er­wise sub­ject to indem­ni­fi­ca­tion by you. In this event, you will ful­ly coop­er­ate with the Com­pa­ny in assert­ing any avail­able defenses.

Ter­mi­na­tion And Access Restric­tion
The Com­pa­ny reserves the right, in its sole dis­cre­tion, to ter­mi­nate your access to the Web­site and the relat­ed ser­vices or any por­tion there­of at any time, with­out notice. To the max­i­mum extent per­mit­ted by law, and you here­by con­sent to resolve any dis­putes aris­ing under or relat­ed to this Web­site or the Terms of Use under the Dis­pute Clause above. Use of the Web­site is unau­tho­rized in any juris­dic­tion that does not give effect to all pro­vi­sions of these Terms, includ­ing, with­out lim­i­ta­tion, this section.

No Joint Ven­ture Or Oth­er Rela­tion­ship
You agree that no joint ven­ture, part­ner­ship, employ­ment, or agency rela­tion­ship exists between you and the Com­pa­ny as a result of this agree­ment or use of the Web­site. The Company’s per­for­mance of this agree­ment is sub­ject to exist­ing laws and legal process. Noth­ing con­tained in this agree­ment is in dero­ga­tion of the Company’s right to com­ply with gov­ern­men­tal, court, and law enforce­ment requests or require­ments relat­ing to your use of the Web­site or infor­ma­tion pro­vid­ed to or gath­ered by the Com­pa­ny con­cern­ing such use. If any part of this agree­ment is deter­mined to be invalid or unen­force­able accord­ing to applic­a­ble law includ­ing, but not lim­it­ed to, the war­ran­ty dis­claimers and lia­bil­i­ty lim­i­ta­tions set forth above, then the invalid or unen­force­able pro­vi­sion will be deemed super­seded by a valid, enforce­able pro­vi­sion that most close­ly match­es the intent of the orig­i­nal pro­vi­sion and the remain­der of the agree­ment shall con­tin­ue in effect.

Entire Agree­ment
Unless oth­er­wise spec­i­fied here­in, this agree­ment, along with the Pri­va­cy Pol­i­cy and Dis­claimer, con­sti­tutes the entire agree­ment between the user and the Com­pa­ny con­cern­ing the Web­site and it super­sedes all pri­or or con­tem­po­ra­ne­ous com­mu­ni­ca­tions and pro­pos­als, whether elec­tron­ic, oral or writ­ten, between the user and the Com­pa­ny con­cern­ing the Web­site. A print­ed ver­sion of this agree­ment and any notice giv­en in elec­tron­ic form shall be admis­si­ble in judi­cial or admin­is­tra­tive pro­ceed­ings based upon or relat­ing to this agree­ment to the same extent and sub­ject to the same con­di­tions as oth­er busi­ness doc­u­ments and records orig­i­nal­ly gen­er­at­ed and main­tained in print­ed form. It is the express wish to the par­ties that this agree­ment and all relat­ed doc­u­ments be writ­ten in English.

Changes to Terms
The Com­pa­ny reserves the right, in its sole dis­cre­tion, to change the Terms under which the Web­site is offered. The most cur­rent ver­sion of the Terms will super­sede all pre­vi­ous ver­sions. The Com­pa­ny encour­ages you to review the Terms to stay informed of our updates peri­od­i­cal­ly.
Effec­tive as of March 13, 2020

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