Terms & Conditions - Naples Newborn Photographer

Terms and Conditions

Agreement between User and https://nanettekatherine.com/

Welcome to https://nanettekatherine.com/. The https://nanettekatherine.com/ website (the "Site") is

comprised of various web pages operated by Nanette Katherine Photography ("NKP").

https://nanettekatherine.com/ is offered to you conditioned on your acceptance without

modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of

https://nanettekatherine.com/ constitutes your agreement to all such Terms. Please read these terms

carefully, and keep a copy of them for your reference.

https://nanettekatherine.com/ is a portfolio and blog site.

This website's purpose is to display the photography and services of NKP.

Privacy

Your use of https://nanettekatherine.com/ is subject to NKP's Privacy Policy. Please review our

Electronic Communications

Visiting https://nanettekatherine.com/ or sending emails to NKP 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 Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

NKP does not knowingly collect, either online or offline, personal information from persons under

the age of thirteen. If you are under 18, you may use https://nanettekatherine.com/ only with

permission of a parent or guardian.

Cancellation/Refund Policy

If the Client desires to reschedule or cancel Services of Photographer for any reason at any time,

then Client shall provide at least 30 days’ Notice to Photographer in order to cancel this contract.

Providing Notice will not relieve Client of any currently outstanding payment obligations.

Photographer will not be obligated to refund any portion of monies Client has previously paid to

Photographer, including a refund of the non-refundable retainer. The Client agrees to pay a new

retainer to schedule a new session date. If Photographer is able to re-book further services on or

before Client’s final delivery date, Client may be issued a credit for future services with

Photographer at Photographer’s discretion. Photographer has no obligation to attempt to re-book

further Services to make up for Client’s cancellation or rescheduling.

Links to Third Party Sites/Third Party Services

https://nanettekatherine.com/ may contain links to other websites ("Linked Sites"). The Linked

Sites are not under the control of NKP and NKP is not responsible for the contents of any Linked

Site, including without limitation any link contained in a Linked Site, or any changes or updates to a

Linked Site. NKP is providing these links to you only as a convenience, and the inclusion of any

link does not imply endorsement by NKP of the site or any association with its operators.

Certain services made available via https://nanettekatherine.com/ are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

https://nanettekatherine.com/ domain, you hereby acknowledge and consent that NKP may share

such information and data with any third party with whom NKP has a contractual relationship to

provide the requested product, service or functionality on behalf of https://nanettekatherine.com/

users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

https://nanettekatherine.com/ strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to NKP that you will not use the Site for any purpose that is unlawful

or prohibited by these Terms. You may not use the Site in any manner which could damage,

disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the

Site. You may not obtain or attempt to obtain any materials or information through 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 the

compilation thereof, and any software used on the Site, is the property of NKP 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 thereto.

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 Site.

NKP content is not for resale. Your use of the Site 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 personal use, and

will make no other use of the content without the express written permission of NKP and the

We do not grant you any licenses, express or implied, to the intellectual property of NKP or our

licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities,

personal web pages, calendars, and/or 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.

NKP has no obligation to monitor the Communication Services. However, NKP reserves the right

to review materials posted to a Communication Service and to remove any materials in its sole

discretion. NKP reserves the right to terminate your access to any or all of the Communication

Services at any time without notice for any reason whatsoever.

NKP 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 NKP's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your

children in any Communication Service. NKP does not control or endorse the content, messages

or information found in any Communication Service and, therefore, NKP specifically disclaims any

liability with regard to the Communication Services and any actions resulting from your

participation in any Communication Service. Managers and hosts are not authorized NKP

spokespersons, and their views do not necessarily reflect those of NKP.

Materials uploaded to a Communication Service may be subject to posted limitations on usage,

reproduction and/or dissemination. You are responsible for adhering to such limitations if you

upload the materials.

Materials Provided to https://nanettekatherine.com/ or Posted on Any NKP Web Page

NKP does not claim ownership of the materials you provide to https://nanettekatherine.com/

(including feedback and suggestions) or post, upload, input or submit to any NKP Site or our

associated services (collectively "Submissions"). However, by posting, uploading, inputting,

providing or submitting your Submission you are granting NKP, our affiliated companies and

necessary sublicensees 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 with respect to the use of your Submission, as provided herein.

NKP is under no obligation to post or use any Submission you may provide and may remove any

Submission at any time in NKP'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.

International Users

The Service is controlled, operated and administered by NKP from our offices within the USA. If

you access the Service from a location outside the USA, you are responsible for compliance with

all local laws. You agree that you will not use the NKP Content accessed through

https://nanettekatherine.com/ in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless NKP, its officers, directors, employees, agents

and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's

fees) relating to or arising out of your use of or inability to use the Site 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. NKP reserves the

right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject

to indemnification by you, in which event you will fully cooperate with NKP in asserting any

available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning 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 resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and NKP agree otherwise, the arbitrator may not consolidate

more than one person's claims, and may not otherwise preside over any form of a representative

or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. NANETTE KATHERINE PHOTOGRAPHY AND/OR ITS

SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY

TIME.

NANETTE KATHERINE PHOTOGRAPHY AND/OR 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 SITE 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. NANETTE KATHERINE PHOTOGRAPHY AND/OR 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 NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL NANETTE KATHERINE PHOTOGRAPHY AND/OR 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE

OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NANETTE KATHERINE

PHOTOGRAPHY 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 SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

NKP reserves the right, in its sole discretion, to terminate your access to the Site and the related

services or any portion thereof at any time, without notice. To the maximum extent permitted by

law, this agreement is governed by the laws of the State of Florida and you hereby consent to the

exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the

use of the Site. Use of the Site is unauthorized in any jurisdiction that does 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 between

you and NKP as a result of this agreement or use of the Site. NKP's performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement is

in derogation of NKP's right to comply with governmental, court and law enforcement requests or

requirements relating to your use of the Site or information provided to or gathered by NKP with

respect to such use. If any part of this agreement is determined to be invalid or unenforceable

pursuant 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and NKP with respect to the Site and it supersedes all prior or contemporaneous communications

and proposals, whether electronic, oral or written, between the user and NKP 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 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

NKP reserves the right, in its sole discretion, to change the Terms under which

https://nanettekatherine.com/ is offered. The most current version of the Terms will supersede all

previous versions. NKP encourages you to periodically review the Terms to stay informed of our

updates.

NKP welcomes your questions or comments regarding the Terms:

Nanette Katherine Photography

900 Sixth Ave S Suite 101

Naples, Florida 34102

Email Address:

hello@nanettekatherine.com

Telephone number:

2398488927

Effective as of September 01, 2023