The Modern Tog (the "Company") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH A MEMBERSHIP SUBSCRIPTION LICENSE AND TO USE THE SERVICE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU INDICATE YOUR AGREEMENT WITH THEM.

Terms & Conditions

OVERVIEW
The terms “we,” “us,” and “our” or the “Company” refer to Jamie M Swanson Photography LLC (Creator of The Modern Tog). The term the “Site” refers to https://members.themoderntog.com. The terms “user,” “you,” and “your” refer to Site Visitors, Members, and any other Users of the site. “Visitors” refer to anyone who visits or browses the website. “Member” refers to any visitor who has purchased a “Monthly Subscription License” or "Yearly Subscription License" or “Membership” to the Service.

The Modern Tog Insider Community (the “Service”) is a Members-only site containing an online community and a variety of educational resources and tools, including but not limited to text, images, video, audio, materials, design, graphics, templates, spreadsheets, digital documents and other types of content.

Users may purchase a “Monthly Subscription License” or "Yearly Subscription License" or “Subscription” to use the site which is non-transferable and is intended for the use of one single person. Subscriptions may not be shared. If you would like to use the Service along with a Business Partner or Collaborator, you will need to each purchase a Subscription individually. Additionally, if you are interested in having your assistant or your entire team use the Service, a separate Subscription will need to be purchased for each participating member.

Use of the Service, including all materials presented herein and all online services provided by the Company, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to photography business and marketing and other information are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content. The Company reserves the right to change, alter, amend, or otherwise revise the Site, Service, or Content at any time with or without notice.

LIMITED LICENSE

To access the site, you must purchase a Monthly or Yearly Subscription License (a “Subscription”) from the Company. This includes one username and password to access the Service. Absolutely no duplicating, sharing, uploading product files to sharing sites or any other method of sharing the content within with any third party is allowed. Doing so will be considered stealing, which will be persecuted to the full extent of the law.

Your username and password is non-transferable and is intended for the use of one single person. Subscriptions may not be shared. If you would like to use the Service along with a Business Partner or Collaborator, you will need to each purchase a Subscription individually. Additionally, if you are interested in having your assistant or your entire team use the Service, a separate membership will need to be purchased for each participating member.

COMMUNITY GROUP RULES

Please read the rules of the community group which is located at https://members.themoderntog.com/community-rules. Rules will be strictly upheld, and should you be found breaking them you will be removed without warning and no refund of your money will be granted. You are responsible for conducting yourself within the rules put forth in the group. If you have any questions about this, please do not hesitate to contact us at support@themoderntog.com

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Site or Service with or without notice.

MONTHLY OR YEARLY SUBSCRIPTION FEE; RECURRING BILLING

By purchasing a Monthly or Yearly Subscription License, You authorize the Company to bill your payment source on file in advance each month or year respectively until the Company receives a termination notice (following the instructions found at https://members.themoderntog.com/support/cancel-account).

ORDER CONFIRMATION

We will email you to confirm the purchase of your Monthly or Yearly Subscription License and with details concerning how to access the Service. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PAYMENTS

In the event that your form of payment is declined or otherwise fails, the Company will contact you via a courtesy email to inform you of such problem. The Company will revoke your access to the Service until such time as payment for amounts due is received.

In addition, you no longer retain usage rights to any downloaded Content from the Service, and all stored content must be deleted within 3 business days.

CANCELLATIONS; REFUNDS

Members reserve the right to cancel their account at any time by following the cancellation instructions found at https://members.themoderntog.com/support/cancel-account. A Member will continue to have access to the Service for the remainder of the pre-paid term. No refunds will be granted for any reason.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

DISCLAIMER

The Company has made every effort to make sure that this course and its potential is accurately represented. The results are certainly possible, but because every person is unique in their application of this Service, their time devoted to the Service, their finances, knowledge, and their other skills it cannot be guaranteed that you’ll receive any specific result. In fact, no guarantees are made that you will achieve any results from the ideas and techniques in the materials of this Service and this Service should be used at your own risk.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Members understand that posting “Materials” to the site may submit them to any range of feedback, such as praise or harsh criticism, and that the Company has no liability as a result of opinions expressed by the Company or any Member of the Service.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to The Company. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to the Company remains yours to the extent that you have any legal claims therein. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site with or without notice to you. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent version to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Jamie Swanson
PO Box 54
Silver Bay, MN 55614

NON-DISPARAGEMENT

By purchasing this Membership you agree that in the event that a dispute arises between you and the Company that cannot be resolved first by good faith negotiation between the parties, you agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company including but not limited to any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or defamatory.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Minnesota as applied to contracts that are executed and performed entirely in Minnesota. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be St. Louis County, Minnesota. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution, or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: 11/13/2017