You agree that you will use Krautner Photography in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not ask questions that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to ask questions designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute questions, comments or answers for any public or commercial purpose without the written permission of Krautner Photography. Krautner Photography does not necessarily edit, screen, filter, modify, or otherwise monitor the content of questions or comments in advance of responses. Krautner Photography takes no responsibility for third party content, nor does Krautner Photography have any obligation to monitor such third party content. Krautner Photography reserves the right to refuse service to anyone at any time without notice for any reason. Krautner Photography will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. General Information: Information provided via Krautner Photography is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you ask a question we will assume you are interested in soliciting and receiving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL Krautner Photography OR CONSULTANTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT Krautner Photography OR CONSULTANT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Krautner Photography OR CONSULTANT BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO Krautner Photography FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, Krautner Photography EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Hold Harmless and Indemnity: You agree to hold harmless and indemnify Krautner Photography, and its Consultants, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Krautner Photography or the affected Consultant(s) will provide you with written notice of such claim, suit or action. Release and Waiver: To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Krautner Photography and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations. No Assignment: You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Krautner Photography' prior written consent. Any such purported assignment or delegation by you without Krautner Photography prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Krautner Photography at its sole and absolute discretion. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. Arbitration: Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Krautner Photography may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Miscellaneous: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Krautner Photography' failure to act with respect to a breach by you or others does not waive Krautner Photography' right to act with respect to subsequent or similar breaches. The failure of Krautner Photography to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of California as if made in California by two residents of that state. This Agreement constitutes the entire agreement between Krautner Photography and you with respect to the subject matter hereof.
