Website Terms & Conditions of use

Last Updated on: November 21st, 2022

By using this website as a user (“You”), You agree to the following Terms and Conditions of Use and Privacy Policy. Please read them carefully before using this website.

General Provisions
This website is owned and operated by The Organic Moment Photography (hereafter “Our”, “We” or “Company”). Our principal place of business is located at 5892 9th Line, Beeton, Ontario, L0G 1A0.

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.

Age Requirements
You must be at least 13 to use Our website, and if You are outside of Canada You must be the necessary age to utilize websites in Your country of residence.

Intellectual Property Notice
All text, photographs, graphics and other materials on this site are subject to the copyrights and other intellectual property rights of The Organic Moment Photography and are protected by The Copyright Act, RSC., 1985, c. C-42.. Website materials may not be copied for any reason, including your personal use, commercial use, or distribution, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company. We may prosecute You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

Your Communications
Any communications made through Our blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third-parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by Canadian law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

While Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at info@theorganicmoment.com.

Earnings Disclaimer
Company makes no income/financial claims, nor guarantees of any kind regarding the potential income that can be generated through Our website, communications. Past results presented on the website are not an indication or promise of Your results. There is no guarantee You will earn any money using any of Our materials, and Your revenue is dependent solely on you and your actions or non-actions.

Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination
If at any time Company feels You have violated these Terms and Conditions, Company shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Company’s sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

Indemnification
You agree to indemnify and hold harmless Company, its suppliers and service providers and their respective officers, directors, employees, consultants, representatives, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal, accounting, and other professional fees, brought as a result of your use of the Website.

Entire Agreement
The information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

Severability & No Waiver
The Parties agree that if any part of these Terms and Conditions of Use is determined by a Court of competent jurisdiction to be unlawful, or otherwise unenforceable, the offending provision shall be severed, and the validity of the remaining provisions shall not be affected. The rights and obligations of the Parties shall be construed as if the within Terms and Conditions of Use did not contain the term or provision held to be invalid or unenforceable.

The failure by one or both Parties to enforce a provision of these Terms and Conditions of Use shall not be considered evidence of any waiver, breach or relinquishment of such provisions, and said provisions will remain in full force and effect. The failure by one or both Parties to enforce a provision of these Terms and Conditions of Use shall not constitute a waiver of any other portion or provision of these Terms and Conditions of Use.

Headings
Headings and titles are provided in this Terms and Conditions of Use for convenience only and will not be construed as part of the legal terms.

Venue and Jurisdiction
This Terms and Conditions of Use and Our Privacy Policy shall be governed by and construed in accordance with the federal laws of Canada and the laws of the Province of Ontario including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or provincial/territorial court of competent jurisdiction located in the closest judicial centre to Beeton, Ontario. You and Company assume responsibility for their own collection costs and legal fees incurred should enforcement of these conditions should it become necessary.

Arbitration
Any and all disputes or disagreements rising between the Parties out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached, shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Beeton, Ontario, unless another location is mutually agreed to by the Parties. There shall be one (1) arbitrator and the language of the arbitration shall be English. The cost and expenses of the arbitrator shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration. The decision of the arbitrator shall be final and there shall be no right of appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Questions
If You require any more information or have any questions about these Terms and Conditions of Use or Our Privacy Policy, please feel free to contact us by email at info@theorganicmoment.com.

View Our Privacy Policy HERE.