Site Terms of Use

By accessing the KIMFRAZIERPHOTOGRAPHY.COM website (“the Site”), you are agreeing to be bound by these Terms of Use (“Terms”). KIMFRAZIERPHOTOGRAPHY.COM reserves the right to update or modify these Terms at any time without notice. If you do not agree to these Terms, PLEASE DO NOT USE OR ACCESS THIS SITE.

Access to Site

You will be able to access our Site without having to register any details. However, in order to transact on the Site you will need to register certain details with me. Please review the Privacy Policy to learn more about the information I collect and process about you.

Order Transactions

KIMFRAZIERPHOTOGRAPHY.COM may refuse any order you place with me. I may limit or cancel quantities on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event I change or cancel an order, I will attempt to notify you by contacting the e-mail, billing address, and/or phone number associated with the order. I reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

Payment Terms

KIMFRAZIERPHOTOGRAPHY.COM proudly accepts credit card and debit card purchases from the following: Visa, Mastercard, American Express, Discover and Apple Pay. I do not process or store your payment information. My third-party services provider(s) will process your payments. Please see the Privacy Policy for more information.

Site Contents

Unless otherwise noted, the Site, all materials on the Site, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by KIMFRAZIERPHOTOGRAPHY.COM. The Site and the Contents are intended solely for personal, non-commercial use. You may temporarily download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not publish, transmit, distribute, modify, sell or exploit in any way any of the Contents or the Site. 

While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use. 

I make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. I make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. I make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites. 

While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. I disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, I do not warrant the Site will operate error free. 

Site Uptime

I take all reasonable steps so that the Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, I will not be liable if this Site is unavailable at any time. 

The Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond my control. Where possible, I will try to give my users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using the Site, you shall not post or send to or from either the Site:

  1. content for which you have not obtained all necessary consents;

  2. content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Site is being used;

  3. content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

I will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the Site in breach of this Section. You shall not use the Site while distracted or preoccupied, such as when operating a motor vehicle. You should access the Site only with due regard for your own safety and the safety of others.

Site Changes

I reserve the right to: change, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer promotions to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any change, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Product Information

All products displayed on the Site are available exclusively at the Site. The prices displayed on the Site are quoted in U.S. Dollars. These products may have limited quantities.

Colors

I make every effort to display the colors of the products that appear on the Site as accurately as possible, but I cannot guarantee that your computer monitor's display of any color will be accurate.

Errors, Inaccuracies, and/or Omissions

At times, there may be information on the Site containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, offers, and/or availability. I may, at any time and without prior notice, correct any errors, inaccuracies and/or omissions, change or update information, or cancel orders if any information on the Site is inaccurate.

Links to Third Party Sites

The Site may contain links to other Web sites that are not under the control of KIMFRAZIERPHOTOGRAPHY.COM has no responsibility for the linked Websites nor does linking constitute an endorsement of any linked website.

Submission of Personal Information

Your submission of personal information to  KIMFRAZIERPHOTOGRAPHY.COM whether through the Site, phone, or otherwise is governed by the Privacy Policy.

Disclaimer

The Site is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. KIMFRAZIERPHOTOGRAPHY.COM expressly disclaims any duty to update or revise the materials on the Site. Your use of the Site is at your sole risk, and you agree to assume full responsibility for any costs associated with your use of the Site. KIMFRAZIERPHOTOGRAPHY.COM shall not be liable for any damages of any kind related to your use of the Sites.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. I WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF I HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify and hold KIMFRAZIERPHOTOGRAPHY.COM harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

Mindful of the high cost of litigation, both you and KIMFRAZIERPHOTOGRAPHY.COM agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent 

(1) to EMAIL: FRAZIER@KIMFRAZIERPHOTOGRAPHY.COM and request the current mailing address.

Both you and KIMFRAZIERPHOTOGRAPHY.COM agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site. The Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

Termination

These terms are effective unless and until terminated by either you or KIMFRAZIERPHOTOGRAPHY.COM. You may terminate this Agreement at any time. KIMFRAZIERPHOTOGRAPHY.COM also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by me on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective date: February 21, 2021.