Terms and Conditions of Use
Last Updated on: 27 May 2020

By using this website as a user (“You”), You agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

General Provisions
This website is owned and operated by Krista A. Jones Photography & Design, LLC , DBA Davey & Krista, a Maryland company (hereafter “Our”, “We” or “Company”). Our principal place of business is located in Annapolis, MD.

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The terms and conditions contained on this page is subject to change at any time.

Age Requirements
You must be at least 18 to use Our templates, courses, and products.

Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of Krista A. Jones Photography & Design, LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third party website including social media. We have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

Any materials or resources downloaded from our website, including any free website templates such as, but not limited to, the Instagram Links Page, are meant for personal use only and may not be distributed without the written permission of Krista A. Jones Photography & design, LLC. Any free Showit or WordPress template or theme, such as but not limited to the Instagram Links Page, is bound to the same license outlined below under the heading “Template or Product License.”

Template or Product License
By purchasing Your template or any product from Krista A. Jones Photography & Design, LLC, You are granted one revocable, worldwide, non-exclusive, non-transferable license to the product(s) You have purchased. By purchasing a website template from Krista A. Jones Photography & Design, LLC, You agree to display “Designed by Davey & Krista” in the footer of that website template.

When viewing the website templates, You will see several template images used. These photos serve as example images and may NOT be used by You on a published site. You agree to change out all template images and text, and acknowledge that You retain the full copyright of those images You added.

Our Showit templates specifically include each item described in the product’s description listed on this website. Please see the specific product description for full details.

Showit Templates Hosted by Showit
All Showit templates are hosted by Showit, and We are not responsible for the backup, storage, and services provided by Showit. Please review their terms of service here: https://showit.co/terms-of-service/

Showit Template and WordPress Theme Compatibility
All Showit templates and WordPress themes designed by Our company are tested frequently to ensure they are responsive and look appropriate on most devices and web browsers. We cannot guarantee they will function exactly as demonstrated with new updates, third-party components, plugins, or web browsers. You may be responsible for purchasing additional plugins in order for our themes and templates to work properly.

Hosting Services & The Palm Tree Club
We provide custom website hosting management services that are fulfilled using Flywheel (their terms of service may be reviewed here: https://getflywheel.com/legal/terms-service/). If you have additional questions beyond what is explained here about what our hosting service provides, please email us at support@daveyandkrista.com. 

In the unlikely event that there is an interruption in Your service, You understand that there may be possible downtime in order for us to restore service.

Media and file storage is limited to content meant for the web. 

Pornography, adult-related (aka nudity), promotion of adult services, and otherwise illegal content are not permitted on websites that We host. We reserve the right to remove content considered to fall under these categories or refuse hosting.

If you use Our hosting services, backups of your website hosted with us are created nightly and stored for 30 days. After 30 days they are deleted.

You agree to indemnify and hold harmless Our company for any direct or indirect loss incurred as a result of Your use of Our hosting services, including as a result of any consequences incurred from technological failures such as a host server crashes and/or system failure(s).

You understand that it is Your responsibility to keep your website secure by utilizing password best practices such as occasionally updating your password and choosing secure passwords, regularly updating your website, and vetting plugins/third party tools before installing on Your website. We are not liable for any website that is hacked by a third-party.

You may opt-in to have Us update Your plugins and/or You may ask Us to make updates Your website. You expressly understand that We cannot guarantee plugin updates and other WordPress and website updates will not cause unexpected issues with a website. While We will inspect a website after updates are made, You understand We may not detect an issue during Our inspection, and it is Your responsibility to alert Us of any website issue that arises as a result of updates in a timely manner. Further, You agree to indemnify and hold harmless Our company for any direct or indirect loss incurred as a result of updates made to Your website.

Our hosting services do not provide email accounts, and We are not responsible for email maintenance. We recommend setting up email services with Google (G Suite) or another email host that provides email maintenance and backup services.

The Palm Tree Club includes certain benefits/bonuses in each plan such as being able to claim one of our WordPress designs, quarterly SEO audits, or monthly design hours. While we want such programs to be as flexible and convenient as possible, we also have taken steps to ensure that people do not abuse programs such as The Palm Tree Club. In an effort to prevent abuse, there may be restrictions or limitations associated with each plan. These restrictions/limitations include, but are not limited to…

– Claiming a WordPress design when signing up for The Palm Tree Club commits You to a 12-month contract.

– WordPress designs are not transferable. In other words, Our WordPress designs may only be used by The Palm Tree Club participant.

– Credits WILL NOT be given to those who do not claim a WordPress design or other benefits associated with The Palm Shop Club plan chosen.

– When upgrading to a plan, You may have to be a part of that plan for a certain amount of time before receiving certain benefits. For instance, if you upgrade to a plan that includes quarterly SEO audits, you may have to be part of that plan for 3-months before receiving your first audit. 

You acknowledge and understand the above restrictions/limitations, and also acknowledge that additional restrictions may be created if we discover participants are abusing The Palm Tree Club.

Price Changes
We reserve the right at any time and from time to time to modify our template, theme, and product pricing on this website with or without notice.

Your Communications
Any communications made through Our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have a medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

While We may offer discounts or offers such as The Palm Shop Club, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at support@daveyandkrista.com.

Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Details of Our own affiliate program can be found at https://daveyandkrista.com/affiliate/ and the terms of our Affiliate program can be found by clicking this link. 

Termination
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

Refunds & Payment Collection
Due to the nature of Our services, templates, and digital products provided, refunds will not be given unless otherwise specified in writing. 

Our “The Inquiry System Course” is limited to a 30-day money back guarantee for a full refund.

Krista A. Jones Photography & Design, LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.

Example:
$100 due March 1
$101.5 due March 15
$103.03 due March 16
Sent to Collections April 15

After 30 days of outstanding payment, Krista A. Jones Photography & Design, LLC reserves the right to send You to collections, upon which You will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

Entire Agreement
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions herein constitutes the entire agreement between site users and Our company relating to the use of this website.

Severability
If any part of these terms and conditions or Our privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction
These terms, conditions and privacy policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Anne Arundel County, Maryland, the United States of America.

Consent
By using this website, You hereby consent to these Terms and Conditions of Use.

If You require any more information or have any questions about these Terms and Conditions of website use, or the included Privacy Policy, please feel free to contact us by email at support@daveyandkrista.com.

AND PRIVACY POLICY