CONDITIONS OF USE
Welcome to our online store! Ken McDougal Photography and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit Ken McDougal Photography or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ken McDougal Photography or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Ken McDougal Photography, with copyright authorship for this collection by Ken McDougal Photography, and protected by international copyright laws.
Ken McDougal Photography’s trademarks and trade dress may not be used in connection with any product or service that is not Ken McDougal Photographys, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ken McDougal Photography. All other trademarks not owned by Ken McDougal Photography or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ken McDougal Photography or its subsidiaries.
LICENSE AND SITE ACCESS
Ken McDougal Photography grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ken McDougal Photography. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ken McDougal Photography. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ken McDougal Photography and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ken McDougal Photography’s name or trademarks without the express written consent of Ken McDougal Photography. Any unauthorized use terminates the permission or license granted by Ken McDougal Photography. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Ken McDougal Photography so long as the link does not portray Ken McDougal Photography, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ken McDougal Photography logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from Ken McDougal Photography are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Ken McDougal Photography and its associates attempt to be as accurate as possible. However, Ken McDougal Photography does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Ken McDougal Photography itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY KEN MCDOUGAL PHOTOGRAPHY ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEN MCDOUGAL PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KEN MCDOUGAL PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEN MCDOUGAL PHOTOGRAPHY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KEN MCDOUGAL PHOTOGRAPHY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEN MCDOUGAL PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting KEN MCDOUGAL PHOTOGRAPHY, you agree that the laws of the state of Oregon , United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KEN MCDOUGAL PHOTOGRAPHY or its associates.
Any dispute relating in any way to your visit to KEN MCDOUGAL PHOTOGRAPHY or to products you purchase through KEN MCDOUGAL PHOTOGRAPHY shall be submitted to confidential arbitration in Oregon, United States, except that, to the extent you have in any manner violated or threatened to violate KEN MCDOUGAL PHOTOGRAPHY’s intellectual property rights, KEN MCDOUGAL PHOTOGRAPHY may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to KEN MCDOUGAL PHOTOGRAPHY. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.