Terms of Use

Terms of Use

These Terms of Use apply to the www.kenkrohnphotography.com website, including related websites and our current and future mobile applications thereof (collectively, the “Site”).  The “Site” also includes all information, data, documents, agreements, text, graphics, videos, images, photographs, pictures, designs, applications, graphics, audio, sound, files, and other content on this Site, including their selection and arrangement, and any prints that may be purchased through this Site.

By using this Site, persons accessing or using this Site (“you”) agree to be bound by these Terms of Use. If you find the Terms of Use to be unacceptable, please immediately terminate your use of this Site.  Kenneth Krohn and his representatives, affiliates and subsidiaries (“we,” “us,” “our,” or words of similar import) may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of the Site constitutes your agreement to be bound by such modified Terms of Use.

Use of this Site is only available to persons who are 18 years of age or older. If you are under this age, please use this Site only in conjunction with your parents or guardians, who must agree to these Terms of Use and will be responsible for all such use.

1. NO REPRESENTATIONS OR WARRANTIES

The Site may include inaccuracies, typographical errors or other errors. We are not responsible or liable for any such inaccuracies or errors. We also make no commitment to update what is contained in this Site. Furthermore, we reserve the right to temporarily or permanently modify, alter, discontinue or delete the same or any portion of the same without prior notice.

You should not rely upon opinions expressed on or information or data contained in this Site when making travel, financial, personal or other decisions. Furthermore, we do not endorse, nor are we responsible or liable for, the opinions of third parties expressed on this Site or on linked web sites.

We may take, but we are not required to take, any action we deem appropriate, in our sole discretion, to maintain the high quality of the Site and to protect ourselves and others. We also reserve the right to temporarily or permanently modify, alter, discontinue or delete the Site without prior notice.

Consequently, and without limiting the foregoing,

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.

2. MOBILE SERVICES

The Site may include certain services that are available via your mobile phone, including the ability to browse the Site from your mobile phone (the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply to your use of the Mobile Services. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

3. USER WARNINGS / USER CONDUCT

In consideration for our providing this Site, when using this Site you also agree not to:

1. violate any applicable law, regulation or rule, or these Terms of Use;
2. at any time: (i) provide false information on any webpage, form or other document on this Site that requests information from or about you; (ii) fail to promptly notify us of any inaccuracy in any of your information on any webpage, form or other document on this Site that presents information related to you; (iii) create a false identity; or (iv) impersonate another person;
3. attempt to gain unauthorized access to any Services, Site Content (including the Software), other accounts, or related computer systems or networks through hacking, password mining, or any other means;
4. restrict or inhibit any other person or entity from using this Site), or use this Site in a manner that overburdens or impairs our server or network;
5. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Site or other user or usage information or any portion thereof;
6. upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or other property, or damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
7. create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers;
8. link directly or indirectly to or include any web site or other item that you do not have a right to link to or include; or
9. perform meta-searches of the Site or send automated queries to the Site or use any robot, spider, scraper, or other automated means to access the Site, or any part of any of them.

In addition, you are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (1) accessing content or data or any portion of the Site not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (4) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

If you violate such terms, we may, without prior notice and without liability to us, ban you from this Site and take any other action we deem appropriate in our sole discretion. We reserve the right to terminate your access to the Site at any time, without notice, for any reason.

With reference to any services we provide through the Site, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of the Site.

4. WEB SITE LINKS AND THIRD-PARTY SITES

This Site may contain links to other web sites that are independent of this Site. We provide these links solely as a convenience. By clicking on a link, you are leaving this Site and going to another web site that is not under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described or offered therein.

YOU HEREBY AGREE TO RELEASE US, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONSULTANTS, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, OR ANY OTHER USE OF OTHER WEB SITES AND RELATED SERVICES LINKED TO THIS SITE.

5. CONFIDENTIALITY

We cannot guarantee your confidential use of this Site. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site, except as required by applicable law. We reserve the right at all times to disclose any information as we deem 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 our sole discretion. See our Privacy Policy for additional information regarding our use and handling of personally identifiable information. The Privacy Policy is incorporated by reference as a part of these Terms of Use. If there is any conflict between the Privacy Policy and the other provisions of these Terms of Use, the other provisions of these Terms of Use govern and control collection, use and disclosure of your personally identifiable information.

6. OWNERSHIP

Except as otherwise stated in these Terms of Use, all right, title and interest (including all patent, copyright, trademark and other intellectual property rights) to the Site and all of its contents belong to us or our licensors or other sources.  The images, photos and pictures displayed in this Site are the sole property of Kenneth Krohn, and are not to be used, reproduced, duplicated, displayed or distributed, nor are derivative works to be made from them, in any manner without the prior written consent of Kenneth Krohn.  In addition, the names, images and other indicia identifying our products and services are our proprietary marks.

7. LICENSE

Nothing contained in this Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights. No part of this Site (including any images, photos or pictures displayed on this Site) may be used, reproduced, republished, copied, transmitted, modified, altered, performed, displayed, or distributed in any form or by any means, or be used to create any derivative works, except with the prior written consent of Kenneth Krohn.

8. INDEMNIFICATION

TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW IN THIS SECTION 11) INCURRED BY THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO: (A) YOUR USE OR MISUSE OF THIS SITE; OR (B) YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THE INDEMNITEES OR ANY THIRD PARTY; OR (C) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; OR (D) YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES.

9. LIMITATION OF DAMAGES

IN NO EVENT WILL ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, OR USE, MISUSE OR PERFORMANCE OF THE SITE, OR OTHER MATERIALS PROVIDED OR AVAILABLE IN ASSOCIATION WITH THE SITE OR ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON OUR PART OR ON THE PART OF ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS. FOR PURPOSES OF THIS SECTION 12, THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES THROUGH ANY APPEAL, ANY LOST PROFITS, AND ANY DAMAGES RELATED TO BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SITE AND OTHER MATERIALS.

10. GOVERNING LAWS IN CASE OF DISPUTE

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN BY RESIDENTS THEREOF. TO THE EXTENT THAT WE HAVE THE RIGHT TO BRING ANY ACTION IN COURT, YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN YAVAPAI COUNTY, ARIZONA, USA, AND ALL OTHER COURTS, WHEREVER LOCATED, WHERE WE DETERMINE AN ACTION IS NECESSARY TO ENFORCE OUR RIGHTS UNDER THESE TERMS OF USE.

11. INTEGRATION; SEVERABILITY; GENERAL

These Terms of Use incorporate by reference our Privacy Policy and any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

These Terms of Use will be binding upon and inure to the benefit of the parties and each of their respective assigns and successors-in-interest. We may assign our rights or delegate our duties under these Terms of Use, but you may not assign your rights or delegate your duties under these Terms of Use without our prior written consent. Except as expressly provided otherwise in these Terms of Use, no third party will have any rights as a third party beneficiary under these Terms of Use. Time is of the essence in the performance of each and every obligation under these Terms of Use. References to “days,” “months,” “quarters,” or “years” mean calendar days, months, quarters or years, respectively. The captions and headings in this Agreement will not be used in interpreting these Terms of Use. No delay or omission in the exercise of any right or remedy will impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. Use of the terms “including” or “includes” does not imply any limitation.

12. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and product and trade names included in or made available through this Site are our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our products or services. Any rights that we have not expressly granted herein are reserved.

All other trademarks, service marks, and trade names not owned by us that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

13. SURVIVAL

The terms, conditions, covenants, indemnifications, releases, waivers, and all other provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use or the Site.

14. ARBITRATION

Excluding legal action taken by us at our option to obtain an injunction or other equitable relief to prevent the improper appropriation, disclosure, or other misuse of our intellectual property rights and/or the Site, the exclusive method for resolving any controversy, dispute or claim arising from or related to these Terms of Use and/or the Site, including the construction and scope of these Terms of Use, shall be by arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration regarding any claim, dispute or controversy of any other party. Within ten (10) days after the filing of any request to arbitrate, the parties will each select an arbitrator, and the selected arbitrators will select the Arbitrator within thirty (30) days after the date of such filing. If either party refuses or fails to select an arbitrator within the designated time period, the Association will select the arbitrator on behalf of such party. If the arbitrators selected by the parties refuse or fail to select the Arbitrator within the designated time period, then on the request of any party, the Association will select the Arbitrator. Each of the selected arbitrators and the finally appointed Arbitrator will be recognized by the Association as a legal expert in the field of business software practices in the automotive industry. The parties hereby irrevocably agree that the arbitration will be held within the County of Yavapai, State of Arizona, USA, and will apply the laws of the State of Arizona (without regard to their conflicts of law principles). The Arbitrator may award any and all remedies and relief deemed appropriate under the circumstances, including money damages and injunctive relief. If any party fails to provide any response or to appear at any arbitration proceeding, the Arbitrator will proceed with the arbitration without such response or appearance. At the conclusion of the arbitration, the Arbitrator will issue a written award containing essential findings of fact and reasoned opinions and conclusions on which the award is based. The final award rendered by the Arbitrator will be binding, final and non-appealable. Judgment upon any arbitration may be entered in any court having competent jurisdiction thereof. The costs of arbitration and the Arbitrator’s fees in connection with any such arbitration will be shared equally by the parties unless the Arbitrator determines that the party or parties prevailing in the arbitration shall bear a lesser portion thereof. This arbitration provision will be deemed to be self-executing and will remain in full force and effect after the expiration or termination of these Terms of Use and/or the Site. Except as may be required by applicable law, no party, arbitrator, Arbitrator, or the Association will disclose the existence, content, or results of any arbitration hereunder without the express prior written consent of both you and us. Notwithstanding the above, any party may bring an action in any court of proper jurisdiction with respect to any claim having a reasonable value of U.S. $5,000.00 or less, without considering attorneys fees and other costs.

15. NOTICES

All notices or other communications required or permitted to be given to us under these Terms of Use shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery, to us at Ken Krohn, PO Box 26513, Prescott Valley, Arizona, USA. All notices or other communications required or permitted to be given to you under these Terms of Use shall be to the email address that you provide to us. Notice shall be deemed given when the email is sent to such email address. Alternatively, we may provide you with notice or communication by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery. In the case of any communication by mail or courier, delivery shall be deemed to have occurred upon receipt of such communication by the recipient thereof.

16. ATTORNEYS FEES

In the event any action, claim, litigation, arbitration, mediation, or other proceeding (collectively, “Proceeding”) is initiated by any party against any other party to enforce, interpret or otherwise obtain arbitral, judicial or quasi judicial relief in connection with these Terms of Use, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all reasonably incurred costs, expenses, and attorney’s fees relating to or arising out of (a) such Proceeding (whether or not such Proceeding proceeds to award or judgment), and (b) any post judgment or post award Proceeding, including, without limitation, one to enforce any judgment or award resulting from any such Proceeding. Nothing in this Section 16 shall be construed to negate or limit the obligation to arbitrate claims and disputes under Section 14, above.

17. COPYRIGHT NOTICE

Copyright © 2018  Ken Krohn Photography, Prescott Valley, Arizona, U.S.A.

18. ACKNOWLEDGEMENT

BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

19. MODIFICATION AND AMENDMENTS

We may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of such Site constitutes your agreement to be bound by such modified Terms of Use. These Terms of Use may only be amended as provided above, or by a writing signed by you and us. Any amended Terms of Use shall become effective immediately after posting on this Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

20. EFFECTIVE DATE

These Terms of Use are effective as of December 15, 2018, and supersede all prior versions of these Terms of Use.