Terms of Service & Use

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Service & Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Wohler & Co. (defined below), which governs your use of Products (defined below) obtained by purchase through this website at wohlerandco.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Will Wohler and Wohler & Co., doing business as Wohler & Co. (“Wohler & Co.”). “Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Wohler & Co.. All such Products are the intellectual property of and are owned by Wohler & Co.s.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Wohler & Co.’s Products immediately. Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Wohler & Co. is a resource through which you may obtain Portrait Photography, Branding advice as it pertains to visual elements, Photographic Prints, and other printed materials.

PRIVACY POLICY

Wohler & Co. permits you to control the management of your personal information and invites you to read the complete statement of its current Privacy Policy available here which is incorporated herein by reference. Wohler & Co. will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you. Wohler & Co. will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Wohler & Co. is the sole manager of such information collected on the Site. Wohler & Co. will use such information to respond to you as necessary.  You grant Wohler & Co. a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular product or service, such as for shipping of Products.

Links on the Site may be affiliate links controlled by parties other than Wohler & Co. to help support the maintenance of the Site. Wohler & Co. does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Sites and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Wohler & Co. from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Wohler & Co. owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Wohler & Co.’s services, and; (d) any other intellectual property rights afforded to Wohler & Co., either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Wohler & Co. does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Wohler & Co.’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Wohler & Co. will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

CONTACT

By using the Site and entering personal information, you give Wohler & Co. permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Wohler & Co. know by emailing us and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final.

SWEEPSTAKES, CONTESTS, LOTTERIES, RAFFLES, AND GIVEAWAYS

No purchase is necessary to enter. Your chances of winning may not increase with a purchase. Read the individual rules for the given contest, sweepstakes, or giveaway. Each campaign may have differing rules.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. WOHLER & CO. OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WOHLER & CO. MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES. LIMITATION OF LIABILITY AND INDEMNIFICATION EXCEPT AS PROHIBITED BY LAW, WOHLER & CO. SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO WOHLER & CO., SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES. GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of Wohler & Co..  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the Portland, ME. Wohler & Co. reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Wohler & Co.’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

hello@wohlerandco.com

Or mail to:

Wohler & Co.

35 Forest Ave, #2

South Portland, ME 04106

All rights reserved © Copyright 2016-2021 Wohler & Co.

386 Fore St.

Suite 402

Portland, Maine 04101

(207) 370-7451