Herein, “You” and “Your” refer to you, your company, your employees, your representatives and your assigns, and “I”, “My”, “Me”, “We”, “Our” or “Us” refers to Cindy J Clemens and Midnight Dreams Photography, as well as subsidiaries, companies, publications, businesses, websites, partners, promotions, representatives and assigns of Cindy J Clemens and Midnight Dreams Photography, and their subsidiaries.
By browsing my sites, buying goods and services from me, subscribing to any service or publication developed by me, or reading and implementing information published by me, you acknowledge and agree to the following terms and disclaimers. This agreement is in effect immediately and indefinitely, and supersedes all other agreements made, be it explicit or implied, written or verbal.
DISCLAIMERS, TERMS AND RIGHTS
I assume that all sites featured herein either directly, by implication or by link to be honest, legal and ethical. However, I am not directly affiliated with the majority of the companies featured herein and no investigation was conducted. Also, the material contained in this website was obtained from sources believed to be reliable and great care was taken to provide accurate information. However, I can not be responsible for the accuracy and correctness of the information contained in this website or in my publications, nor are am I engaged in rendering legal, medical, professional or accounting advice.
Readers are urged to seek the services of a competent professional, if and when applicable. Responsibility for use of any and all information, products or services contained herein is strictly and solely that of you, the user, client, subscriber or affiliate. I am not liable for any losses or damages whatsoever, including but not limited to loss of business, profits, service, clients, information, or any other pecuniary loss. Contents are provided as information only. One’s judgment and discretion are required and encouraged. You must be 18 years of age to access this web site, or any of the products, services, information provided by this web site or from me.
TRADEMARKS, SERVICE MARKS AND COPYRIGHTS
No part of this website may be reproduced or transmitted in any form or by any means, including techanical, electronic or otherwise, such as but not limited to photocopying and recording, or by any information storage and retrieval system, or transmitted by email, or used in any other fashion without my express prior written permission. This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this web site as well as where otherwise clearly indicated.
Words, phrases, ads and graphics, whether followed by “tm” or not, are my trademarks and service marks, or are the trademarks and service marks of their respective owners, where indicated. Entire website, including source code and content, copyright 1995–2016 and beyond. All rights reserved. Any perceived slight of a specific person or organization is unintentional. Wherever the neuter is not used on this site, any one gender was chosen for simplicity’s sake.
EARNINGS DISCLAIMERS AND NO WARRANTIES
With the opportunities, strategies, services, products and programs featured on this site, or offered, promoted or performed by us, or published in the web pages, books, newsletters, articles, reports, emails or ezines published by us, we make absolutely no promises, implications, promises, suggestions or guarantees whatsoever in any manner of speaking, in whole or in part, that by joining, responding to, hiring, following or adhering to any program, product, service or information I feature that you will produce specific results (e.g., Make money, or whatever the topic or content may imply).
Everything is on an “at your own risk” basis. Your success in these or any efforts depends on numerous factors typical or atypical of most pursuits. I assume no responsibility for any losses or damages resulting from your use of any link, information, service, product or opportunity contained within this web site, within any publication I authored or published, or within any information disclosed by me in any form whatsoever.
Any income statements and examples used on this website are not intended to represent, promise or guarantee that you will achieve the same results. Individual results will vary from those shown, whether implied or stated. There is no guarantee you will duplicate the results, and you recognize any business endeavor has inherent risk for loss of capital. The incomes earned by individuals described on this site or in any publication i authored or published, do not necessarily represent the average. I do however wish you the very best, and let me know if I can assist you in any way.
Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance you’ll do as well. If you rely upon our figures, you must accept the risk of not doing as well.
Where specific income figures are used, and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.
Any and all claims or representations, as to income earnings on this web site, are not to be considered as average earnings.
There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.
All products and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.
Users of our products, services and web site are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this web site should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.
AGREEMENTS, PRODUCTS OR SERVICES SOLD OR PROMISED
You agree that I am under no liability whatsoever to you, and that you shall defend, indemnify, save and hold me completely harmless from any and all costs, losses, claims, demands and liabilities, including all reasonable attorney’s fees, as well as any liabilities asserted against me that may arise or result from any service offered, performed, or agreed to be performed, or from any product or service sold by me, or from any works or materials developed for you, in any way, at any time.
CHOICE OF FORUM AND APPLICABLE LAWS
This entire agreement, including disclaimers and legal notices listed herein, supersedes all other agreements, whether implied or stated, and is construed under the laws of the State of Oregon and the U.S.A., and shall be governed by the laws of the State of Oregon and the U.S.A.
Our Company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to 30 days. All remedies are limited to the United States. Some states cannot allow the exclusion or limitation of liability, so the above limitations may not apply to you.
LIMITATION & EXCLUSION OF LIABILITY
These warranties exclude all incidental or consequential damages. Our Company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
USE OF THE SITE
You understand that we cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. WE PROVIDE THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. WE HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Privacy And Disclosure Policies
On any of our sites your privacy is assured. If you join the newsletter, you will be kept posted on any developments that might benefit you. However, please note:
This site utilizes “cookies” for the express purpose of identifying you as a returning visitor or customer, and only if you have expressly signed up to become a prospect or purchased a Midnight Dreams Photography product or service. This is done strictly for the convenience of users and not used for any other purpose.
Any pop-up window blocking program will not interfere with the navigation or enjoyment of this site.
This website does not gather personal information about you without your knowledge. Standard server log files are kept for the sole purpose of administering this site. They are not used for any other purpose. These files include user statistics, IP addresses (such as to identify geographic locations), user behavior (such as files requested), referrer URLs, time spent on each page, browsers, operating systems, and screen resolutions.
Disclosure of Personally Identifiable Information to comply with law.
Our mailing lists are and will remain completely confidential. They are not (and will never be) sold to, rented to or shared with any third party other than in the event of a sale of the business. Upon request, you will be promptly removed from the databases without any questions. (Please see below for easy removal instructions.) Although highly unlikely, a confirmation request will be emailed to you before any changes happen, if ever. We respect your trust.
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
This site contains numerous links to other sites on the web. This site is not responsible for or has no control over the respective privacy practices of such sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. Please use discretion.
For your safety and protection, your credit card information is not stored on our servers. Our payment gateway provider, Paypal.com, keeps this information encrypted and secure on your behalf.
If you received unsolicited commercial information about this website or its offerings from an unknown third party (i.e., “spam”), please report the abuse to us immediately so that appropriate action can be taken, by sending us an email to email@example.com
Also, this site uses several third parties to handle certain business services. Great care was taken in their selection. But if you have received unsolicited email as a result of using these services, please do not hesitate to report it immediately as well. They will be discontinued immediately.
To Opt-out or Modify
Users are provided with the opportunity to easily opt-out of receiving future communications from Cindy J Clemens and Midnight Dreams Photography, modify information they’ve provided, or remove them from my databases. You may do so in the following ways:
Online: Directly by clicking the unsubscribe link at the bottom of each email.
Support Ticket: Submit a support ticket at http://MidnightDreams.com/contact-me
Mail: 1729 SE 176th Ave Portland OR 97233 (U.S.A.)
We do not knowingly collect personal information from children under the age of 13. If we learn at any time that we have personal information on a child under the age of 13, we will delete that information from our systems and databases.
Midnight Dreams Photography encourages parents to go online with their kids. If you have any questions or concerns about this privacy pledge or about the practices of this site, do not hesitate to email us at firstname.lastname@example.org at any time, in complete confidence.
This policy is valid from the 1st of December, 2007. This site, and sites owned by this Cindy J Clemens, are written and edited by Cindy J Clemens, and their staff. For questions about this site, please email us at email@example.com. This website accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
The compensation received may influence the advertising content, topics or posts made in this site. That content, advertising space or post may not always be identified as paid or sponsored content. The owner(s) of this site is not compensated to provide opinion on products, services, websites and various other topics.
The views and opinions expressed on this site are purely that of the website’s owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement.
Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider. This site does not contain any content which might present a conflict of interest. For more, or to get your own policy, go to http://www.disclosurepolicy.org
This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between Cindy J Clemens, Midnight Dreams Photography, as well as subsidiaries, companies, publications, businesses, websites, partners, promotions, representatives and assigns of Cindy J Clemens, Midnight Dreams Photography, and their subsidiaries and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
We may assign our rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.