Terms and Conditions

This website is operated by Jill Gum Photography. Throughout the site, the terms “we”, “us”, "company" and “our” refer to Jill Gum Photography. Jill Gum Photography offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Store Policies”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Store Policies apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Store Policies carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Store Policies. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Store Policies are considered an offer, acceptance is expressly limited to these Store Policies.

Any new features or tools which are added to the current store shall also be subject to the Store Policies. You can review the most current version of the Store Policies at any time on this page. We reserve the right to update, change or replace any part of these Store Policies by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Podia. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Store Policies, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time for any reason, including memberships.  If discontinued in the middle of an active payment plan, the proportionate payment will be refunded for the time cancelled (for example, if 6 months of a 12 month membership has been paid for and completed, the remaining balance would be refunded only).
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refunds Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Store Policies.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Store Policies.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Store Policies, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may not share the content you purchase from the store with any other person(s) other than yourself. The purchase is for the buyer only.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jill Gum Photography, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jill Gum Photography and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Store Policies or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Store Policies is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Store Policies, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Store Policies are effective unless and until terminated by either you or us. You may terminate these Store Policies at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Store Policies, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Store Policies shall not constitute a waiver of such right or provision.
These Store Policies and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Store Policies).
Any ambiguities in the interpretation of these Store Policies shall not be construed against the drafting party.

GOVERNING LAW

These Store Policies and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2605 E Andrew Rd #416, Sherman IL 62684, United States.

CHANGES TO STORE POLICIES

You can review the most current version of the Store Policies at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Store Policies by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Store Policies constitutes acceptance of those changes.

EARNINGS DISCLAIMER

The content and products provided on the Sites (as defined in the Terms and Conditions) are not to be interpreted as a promise or guarantee of earnings. Rather, the level of success and earnings that you may attain depends on the techniques you utilize in your business, your finances, your knowledge, and various skills. The content and products on the Sites are designed to help increase those factors for you, but are not a guarantee of success, as these factors will differ among each individual. Any and all statements on the Sites or in any of the products on the Sites are intended to express our opinion of the earnings potential that some people may achieve, but in no manner are to be construed as a guarantee of such earnings. To the extent that we have included any case studies or testimonials on the Site or in the products, these are included for illustrative purposes only, and are not meant to represent the average or typical customer experience or results. You fully agree and understand that Jill Gum Photography is not responsible for your success or failure of any kind and makes no representations or warranties of any kind whatsoever that our products or services will produce any particular result for you.

AFFILIATE LINKS
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
Jill Gum Photography may not always inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

REFUNDS POLICY
The Refund policy for products purchased from the Sites differ for each product, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions (or those set forth in the sales material for each product), please do not order this material. If you require further clarification, please contact support@jillgum.com.  Coaching calls are non-refundable.  They also cannot be rescheduled for tech reasons (for example, if client does not get photos to me in time for editing coaching call, the call will be cancelled with no refund because the time was reserved for that client!  Please make sure tech troubles do not stop us from being able to complete your session.).  If you have an emergency and need to reschedule, please reach out to me via email asap- I can reschedule one time for a schedule emergency. PLEASE NOTE: If you request and receive a refund for any product, service, or course as part of any of our a 100% money back guarantees (available on some products only), you will be allowed to purchase other products, services or courses in the future, or even the same product, service or course in the future; but, in doing so, you acknowledge that you waive your right to a refund on any and all future purchases, at any time, for any reason.

LICENSING
This Agreement gives Licensee the right to use Jill Gum Classroom's templates or customized templates as established below:
1. Permitted Uses - Effective upon this Agreement and receipt of payment from Licensee, Jill Gum Classroom grants Licensee a non-exclusive license to download, reproduce and use Jill Gum Classroom's templates as necessary for Licensee’s personal or internal business purposes, provided Licensee complies with the terms of this Agreement, including Sections IV(B) and VI, below. Internal business purposes do not include use by a third party or any parent, subsidiary, affiliate, partner, or licensee of Licensee. Licensee is entitled to provide Jill Gum Classroom's templates to Licensee’s clients in accordance with Section IV(B)(2), below.

2. Downloading: Licensee may download a template from Jill Gum's website up to three (3) times at one (1) IP address.

3. Restrictions on Use - Jill Gum Classroom's templates are licensed, not sold. In signing this Agreement, Licensee receives no title to, ownership of or legal rights to any of Jill Gum Classroom's templates, except those rights expressly granted in Section IV(A), above. Licensee agrees that Licensee will not:
*Modify, create derivative works from, or otherwise alter any of Jill Gum Classroom's templates. Licensee has no right to use Jill Gum Classroom's templates to develop a different template, even to the slightest extent.
*Distribute to parties other than Licensee’s clients, display publicly, sublicense, share or make available for use any of Jill Gum Classroom's templates. Licensee must not distribute Jill Gum Classroom's templates to its client(s) in a way that allows the client(s) to reproduce or re-use the template.

*Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Jill Gum Classroom's templates.

*Download and use a template at more than one IP address, unless otherwise agreed to with Jill Gum Classroom in writing.
*Share downloadable content with anyone other than the person who is named and identified at checkout and downloaded from one IP address. Digital Download products have one use for the person who purchases only.


REVIEWS
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to jill@jillgum.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.


NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.


FACEBOOK GROUP POLICY
As a free bonus, our courses come with access to a private Facebook group. The policies for each group are posted in in each group. By joining one of the groups you agree to the policies posted in those groups. In order to preserve the health of each group and protect all of our members (and ourselves), we  reserve the right to remove anyone from our groups, at any time, for any reason. Membership in our groups is not part of any student's purchase. It's a bonus that we include as a free gift and, thus, is revocable. It's rare that this ever happens and only does in the most serious cases, so if you’re not someone looking for trouble (or persisting in trouble after your trouble has been pointed out), you have nothing to worry about.

ERRORS AND OMISSIONS
This Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.

CONTACT INFORMATION 
Questions about the terms and conditions should be sent to us at support@jillgum.com.
 
Updated 9/25/20