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Carrie Nichols Photography
Carrie Nichols Photography
By accessing or using theone.community, “the Site,” (including the mobile version of the website), online services, and social networking platforms, whether automated or otherwise, you agree to be bound by these Terms and Conditions. Please read carefully before using the Site.
Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. And when you decide to enter a contest or sweepstakes, we present the terms and conditions for the contest or sweepstakes to you. In addition, some areas of the Site provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.
You represent that you are legally able to accept these Terms and Conditions, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms and Conditions, you may not use the Site.
We reserve the right to change these Terms and Conditions at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions as modified.
Note: this terms and conditions contains a binding arbitration and class action waiver provision in the "Binding arbitration" section below that affects your rights under this terms and conditions and with respect to any "Dispute" (as defined below) between you and us or our affiliates. You have a right to opt out of the binding arbitration and class action waiver provisions as further described in the "Binding arbitration" section below.
There are rules of conduct that you are required to follow when you use the Site. You must not:
If you post something to the Site, such as comments or other content, do not post anything that:
You also must comply with all applicable laws and contractual obligations when you use the Site.
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including any content and materials included on the Site) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms and Conditions or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights. You agree that, if you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility for what is posted in public areas of the Site lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms and Conditions violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms and Conditions.
Although Our Representatives may moderate content, conduct and Terms and Conditions compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms and Conditions violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms and Conditions violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms and Conditions violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our President and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and email password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail. We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms and Conditions. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.
The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the Terms and Conditions and privacy policy that govern that particular linked site. We reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms and Conditions, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions and the termination of your use of the Site.
We control and operate the Site from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions, and the relationship between you and us, will be governed by the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.
Other than those matters described under "Exclusions from Arbitration" below, you and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms and Conditions (including the validity, enforceability or scope of this Section), the Site or any content or services thereon (each, a "Dispute"), that cannot be resolved through negotiation in accordance with the "Notice of Dispute; Negotiation" clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that the U.S. Federal Arbitration Act applies to this agreement.
You and we agree that any claim filed by either party in small claims court is not subject to the arbitration terms contained in this section. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Right to opt out of binding arbitration and class action waiver if you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify us in writing within 30 days of the date that you accept this agreement. Your written notification must be mailed to legal department, the one community, 402 peoples street, suite 1a, corpus christi, tx 78401, by certified mail return receipt requested and must include: (1) your name, (2) your address, (3) your account information, if you have one, and (4) a clear statement that you do not wish to resolve disputes with us through arbitration.
If you have a dispute with us, you must send written notice to legal department at the address above to give us the opportunity to resolve the dispute informally through negotiation.
You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Legal Department, The One Community, 402 peoples Street, Suite 1A, Corpus Christi, TX 78401.You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA.
The arbitration proceedings shall be held in Nueces County, Texas, unless you can demonstrate that arbitration in Nueces County would create an undue burden to you. If you can demonstrate that arbitration in Nueces County would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we specifically agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other site users.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
This Section shall survive any termination of the provision of the associated services to you.
Any dispute not subject to arbitration and not initiated in small claims court will be litigated by either party in a court of competent jurisdiction only in the united states district court for corpus christi, texas. Each party submits to the exclusive jurisdiction of this court and agrees not to commence any legal action under or in connection with the subject matter of this terms and conditions in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this terms and conditions in the federal or state courts sitting in the city of corpus christi, texas, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
The site and its content and any services provided therein are provided for entertainment, educational and promotional purposes. We provide the site on an "As is" and "As available" basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that: The site will be available at any particular time, The site will meet any particular requirements or provide any particular results,the information on the site will be accurate or up-to-date, The site or the information transmitted to or from it or stored on it will be secure from unauthorized access, Information and materials that you store in your account or on the site will remain retreivable and uncorrupted (unless we promise this in a separate agreement with you), or The site will be uniterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
The site and its content and any services provided therein are not intended to, and do not, constitute medical or healthcare advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician or other healthcare provider about your specific circumstances, including before starting any treatment, medical or otherwise. We likewise make no warranties or representations regarding any products or services ordered or provided via the site. Any products and services ordered or provided via the site are provided "As is", except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us or between you and a third party. If you purchase a product or service from a third party after following an ad or link on the site, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers. You agree that use of the site is at your own risk. Although we try to ensure that the information posted on the site is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on the site or in correspondence with us or our agents. We are not responsible for any content or materials posted to the site by users, nor for disputes between users, or between users and third parties. These disclaimers apply to us and our affiliated and related companies as well as third parties that are involved in the creation, production or distribution of the site, and any of their employees and agents.
If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site. In no event will we or any of our affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, the site (or the content, materials and functions provided as part of the site), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of the site, will not exceed the amount you have actually paid to us, if any, for use of the site, or, if applicable, for use of the specific site feature or service from which the claim in question first arose. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitations may not apply to you. In such states, our liability and the liability of our affiliates, and our and their directors, officers, employees, agents or content or service providers, is limited to the fullest extent permitted by such state law.
These Terms and Conditions and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms and Conditions may only be invoked or enforced by you or us.
You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to use of the site, or these terms and conditions, must be filed by you within one year after such claim or cause of action accrued or be permanently barred.