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Terms and Conditions

Terms and Conditions

WELCOME TO THE NANCY RAY EDUCATION WEBSITE

Terms and Conditions of Purchase

These Terms and Conditions of Purchase (these “Terms and Conditions”) sets forth your rights and responsibilities for accessing the Nancy Ray Education website at www.nancyrayphotography.com This document constitutes a legally binding contract between Ray Endeavors, LLC dba Nancy Ray Photography (“Nancy Ray”) and other associated materials and sites linked hereto and operated or controlled by Ray Endeavors, LLC (herein referred to as “Company”), and you regarding your purchase of video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms of Use”) and privacy policy (“Privacy Policy”). These Terms and Conditions, the Terms of Use, and the Privacy Policy are collectively referred to herein as this Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions shall prevail over the Terms of Use; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.

THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THEY AFFECT YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ IT.

1. PAYMENT TERMS
• Payment shall be made by credit or debit card.
• Upon purchase, you will choose a username and password for for each registration you purchase. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.

2. REFUND POLICY
To request a refund, email {Olivia (at) NancyRayPhotography.com}
You can participate in the Program for up to 30 days. If you do all the assigned work and are dissatisfied with the value of the course, we’ll refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:
• Deadline to Apply for Refund. To be eligible for a refund, you must submit your request
by 11:59pm EDT on the 29th day from when you purchased the course. The deadline
exists because if you sign up for the course, we want you to get as much value from the
course as possible.
• Completed Course Work. In order to obtain your refund pursuant to this guarantee, you
must contact Ray Endeavors, LLC to discuss how much of the course you completed. To be
considered eligible for a refund, Ray Endeavors, LLC will determine whether or not you have
completed the coursework and watched all videos. The conversation must happen via video conference with Nancy Ray for a minimum of 20 minutes to discuss how Ray Endeavors, LLC could improve the content and value of the course.
• Company Discretion. After you submit your materials, all refunds are within the
Company’s sole discretion as to whether to grant or deny the refund request.

3. INTELLECTUAL PROPERTY
You agree that the Products contain proprietary information and materials, such as videos,
coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Ray Endeavors, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and Ray Endeavors, LLC will prosecute such misconduct to the fullest extent permitted by law.

Ray Endeavors, LLC provides you with the Products solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Ray Endeavors, LLC’s rights or that has not been authorized by Ray Endeavors, LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Ray Endeavors, LLC , the Products, or the Product Content, or infringe on any of Ray Endeavors, LLC’s or its licensors’ intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Ray Endeavors, LLC and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Ray Endeavors, LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of Ray Endeavors, LLC (the “Ray Endeavors, LLC Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Ray Endeavors, LLC. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of Ray Endeavors, LLC Trademarks inures to our benefit.

4. THIRD-PARTY MATERIALS AND WEBSITES
Ray Endeavors, LLC may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Products, and they may be either withdrawn or terminated from the Products at any time without notice to you and without any liability to Ray Endeavors, LLC. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Ray Endeavors, LLC is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and Ray Endeavors, LLC does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Ray Endeavors, LLC will not be liable for your improper use of third-party materials and websites.

5. DISCLAIMER
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, WARRANTIES OF TITLE, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP PHOTOGRAPHERS. HOWEVER, Ray Endeavors, LLC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS. NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

6. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. You and Ray Endeavors, LLC have entered into this Agreement in the State of North Carolina and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Ray Endeavors, LLC, shall be determined in accordance with the laws of the State of North Carolina, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of North Carolina, and that venue of any action will be located in the District Court of Wake County, North Carolina.
B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT,
OR COMMON LAW TORT CLAIMS: (I) Ray Endeavors, LLC, ITS OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
C) BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the
parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives,
administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or
otherwise. The Products are non-transferable.
D) TERMINATION. Ray Endeavors, LLC is committed to providing all customers with a positive experience. If you fail, or Ray Endeavors, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, Ray Endeavors, LLC , in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Ray Endeavors, LLC under this Agreement will survive expiration or termination of this Agreement for any reason.
E) CHANGES. Ray Endeavors, LLC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and
incorporated into this Agreement. Your continued use of the Products will be deemed your
acceptance thereof. The changes may be listed in an area accessible to you on Ray Endeavors, LLC’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at {Olivia (AT) NancyRayPhotography.com}.
F) INDEMNIFICATION. By purchasing a subscription to the Products and/or using the
Products, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Ray Endeavors, LLC , its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of Products. You recognize and agree that all of Ray Endeavors, LLC’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Ray Endeavors, LLC.
G) BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR
RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF North Carolina, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
H) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or
threatened violation of Ray Endeavors, LLC’s intellectual property rights and confidential and
proprietary information by you, Ray Endeavors, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Ray Endeavors, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Wake County, North Carolina, United States of America for purposes of any such action by Ray Endeavors, LLC.
I) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties.
J) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing
this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
K) NO WAIVER. The failure of any party to insist on the performance of any obligation
hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.