Updated 3/1/2022

Welcome to micheleleephoto.com, as operated by Michele Lee. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities. We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.

1.0 Site Services: We agree to provide you with services, or the “Service” through micheleleephoto.com. In exchange for providing this service, we require you to follow these rules:

  • You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
  • Don’t use the Site to do anything illegal or break the rules in our terms of use.
  • Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
  • Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
  • Don’t encourage anyone to break these rules.
  • Use your common sense, and be a good human.

2.0 Your Rights
2.1 You have the right to feel safe using Site.

2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy for details. We reserve the right to republish or distribute anything you upload to our site as reasonable in the course of our business. You agree not to submit any content that could be illegal or serve an unlawful purpose, including, but not limited to, content that is potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

2.3 You are responsible for anything you do on Site under your login, including things you post and comment on. You are responsible for making sure the stuff you post belongs to you, including any music or photos. If you post something you shouldn’t and get a fine, you will have to pay it.

3.0 Our Rights
3.1 We are not responsible for the following:
  • Links to other companies or websites, even when the link shows up in Site
  • What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights.
  • The data cost on your mobile device for using Site or its services. 
  • Any content that is stolen or copied from the Site by someone else.

3.2 We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. We can also delete content you have uploaded for any reason, whether you think they violated our rules or not. We do not have to pay you if we delete content that was making you money.

4.0 Intellectual Property Rights
All images, text, designs, graphics, trademarks and service marks are owned by and property of Michele Lee, 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, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission.

Limited Use with Attribution: You may use our intellectual property with clear and obvious credit back to our site, as well as correct links back to the page where the materials, designs, images, text, quote or post is specifically located. You may never claim any of our intellectual property as your own or your original creation, however, even with attribution. Please utilize the grandma test: If a grandma saw the content on your site, she should understand that the content is NOT yours. If you cannot make the distinction that clear, then please do not use our content in any way.

5.0 This Agreement
5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.

5.5 No one else besides you and us (no third parties) have rights under this agreement.

5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.

6.0. Advertising, Affiliates and Testimonials
This site may use advertising or 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 ads or 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. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.

7.0 Refunds & Payment Collection
We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. Michele Lee Photo 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 May 1
$101.50 due May 15
$103.03 due May 16
Sent to Collections June 15

After 30 days of outstanding payment, Michele Lee Photo 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.

8.0 Limits on Liability
8.1 Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms.

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past twelve months.

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise.

9.0 How We Will Handle Disputes
9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don't have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of Utah or a state court located in your resident state. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. 

9.3 The laws of the State of Utah, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions. 

9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at hello [at] micheleleephoto.com.

Terms and Conditions of Use

Updated: 3/09/2022

1.0 Introduction
We care about your privacy online, so here is relevant information regarding privacy on our website www.micheleleephoto.com. Our goal is to safeguard the privacy of all our visitors and users. Please make sure you understand our practices before you use our site.

2.0 No Children’s Use
Our website is not intended for children, which is defined as anyone under 13 years of age in the US and anyone under 16 in the EU. Anyone under the age of 18 must have a parent or guardian be willing to agree to these terms on their behalf. If you are a child under these definitions, you may not use or provide any information on this Website; use any of its features or register; make any purchases; use any of the interactive or public comment features; or provide any information about yourself to us. If we learn that we have received personal information from a child without parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello [at] micheleleephoto.com

3.0 Data: Do we collect it, and what do we do with it? (For EU visitors)

3.1 Data Collection
We collect your name to provide goods and services; personalize your email experience, and protect our company. We will ask for consent as a legal basis for collection and processing.

We collect your email address to provide goods and services, as well as send emails about goods and services. We will ask for consent as a legal basis for collection and processing.

We collect your address to provide goods and services. We deliver goods and services as part of transactions.

We collect your billing information when we collect payment for goods and services. This is a part of a contracted purchase. 

We collect any questions you ask in order to answer them and improve site experience and offerings. 

We collect your age to improve site experience and offerings. We will ask for consent as a legal basis for collection and processing.

We collect your type of business to improve site experience and offerings. We will ask for consent as a legal basis for collection and processing.



PRIVACY POLICY

3.2 Who Has Access To The Data We Collect?
We process and store data we collect from you, but we may also use third parties to assist us with processing your personal data including the following categories of vendors:
  • Financial transaction processors: Stripe, Paypal
  • Customer service communication platform: Gmail
  • Contest and survey platform: Instaproofs
  • Email communication manager: Flodesk
  • Marketing funnel providers
  • Website management services
  • Website design and programming services: Showit
  • Website analytics services: Google Analytics, Shopify Analytics

Any of these third parties who help process or store your data have written agreements with us that prevent them from using, sharing, or storing your personal data for any other purpose than the scope of our contracted terms with them.

3.3 Legitimate Interest:
We claim a legitimate interest for processing your personal information when you submit the information with an expectation that it will be processed without any impact on you. If you have questions about your data, what we use it for, or the basis for us collecting it, please contact us at hello@micheleleephoto.com

3.4 How Long Do We Keep Your Data?
We keep your personal data for differing periods of time depending on why we gathered it:
  • Opt-In to Newsletter: 36 months
  • Waiting List: 24 months
  • Transactions: Four years for tax audit purposes.
  • Submitting Questions: Five years
  • Survey data: 24 months
  • Lessons: 24 months

If a legal claim arises involving your data, we will store and disclose that data to the relevant parties until the matter has been resolved.

3.5 Your Right To Ask For Corrections, Erasure, And Export Of Your Data:
You have the right to control your personal data. Specifically, you have the following rights:

  • The right to be informed: We are informing you now with this policy.
  • The right of access: We’ll provide you with the data we have about you.
  • The right to rectification: Request we fix incorrect data about you.
  • The right to erasure: Request we erase certain data about you.
  • The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
  • The right to data portability: Ask us to provide your personal data we have for export.
  • The right to object: Object to how we use your data.
  • Rights in relation to automated decision making and profiling: We don’t profile you, but keep in mind you have this right with other sites.

To exercise any of these rights, please contact hello [at] micheleleephoto.com. with your request.

3.6 Your Right To Withdraw Consent:
Although this is mentioned above, we want to emphasize that wherever we’ve asked for your consent to collect or process your personal data, you have the right to withdraw that consent. If you receive email messages from us, you can use the Unsubscribe link in each message to withdraw consent and stop the mailings. Alternatively, you can contact us at hello [at] micheleleephoto.com with your request.

3.7 Do We Transfer Your Data To Third Countries? 
No. We are located in the United States. Your data is collected and held here. 3.8 Privacy Concerns, Contacting Us, Complaints: You can contact hello [at] micheleleephoto.com with any questions or requests about these policies or your personal data. 

Data Controller 
Representative: Michele Lee
micheleleephoto.com
hello [at] micheleleephoto.com

You can also send correspondence by mail to PO Box 1334, American Fork, UT 84003

3.9 Cookies and Similar Technologies:
Like many websites, this site uses cookies and similar technologies to track particular aspects of you and other people who visit us. Cookies are tiny files that are downloaded to your computer to track particular aspects of your activity online to help us learn certain things about our website. This tracking is done to provide us with information on how people move about the site, what is of interest to them and what is not, how our marketing is performing, and incidental items such as what percentage of users access the site from a personal computer versus a mobile phone. You may block most cookies by adjusting your browser settings as well as responding to cookie consent notices.

4.0 For California Folks

4.1 Do Not Track Signals:
Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor Do Not Track signals issued by browsers or other third-party sources.

4.2 California Eraser Law
If you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at hello [at] micheleleephoto.com.

5.0 For Our Valued Friends Regardless of Location

5.1 Privacy Policy Modifications and Updates:
We may update and modify this Privacy Policy at any time. We will post a notice on the site 30 days before the change goes into effect and forward an email message to you should we have an email address for you. You may or may not notice the changes.

5.2 Legal Disclosures of Personal Information:
We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to 1) conform to the edicts of the law or comply with legal process served on us; 2) protect and defend our rights or property; or 3) act under exigent circumstances to protect the safety of the public or users of the site.

5.3 DMCA Disclosures:
We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.

5.4. Public Interaction with Others: 
If you interact with others on our website, such as participating in a group chat or a group online course, in a forum, or make a comment on a post, or otherwise interact with other users—they may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts. Please remember that any information you provide is not private and that the Internet rarely forgets. Anything publicly posted can be viewed, well, publicly, and could be viewed by anyone, including family, friends, media, investigators, and potential employers conducting background checks.

5.5 Third Party Websites:
We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of these sites before providing your personal information.

5.6 Sale of Business:
Should we sell a portion or all of this site or our business, your personal information will be an asset transferred to the new owner.

5.7 Advertisers: 
We may use third party advertising companies to run and manage our ads, such as Facebook, Pinterest, Google Analytics to manage ads that appear when you visit our site. These companies may use information about your visit to our site and others through cookies to offer you personalized ads. We cannot control the activities of other advertisers or sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices. You can also get instructions on how to opt-out of certain practices and/or tracking, by searching for >> Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-out Tool.

6.0. Miscellaneous Legal

6.1 Severability: 
If any part of this Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

6.2 Entire Agreement: 
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

6.3 Law and Jurisdiction: 
This Privacy Policy is 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 the state of UTAH, UNITED STATES OF AMERICA If you have any questions about this Privacy Policy, please contact us at hello [at] micheleleephoto.com or PO Box 1334, American Fork, UT 84003


DISCLOSURES & DISCLAIMERS

Medical Advice Disclaimer
For general informational purposes only. Not intended to diagnose or treat any condition, illness or disease. Content from this site or connected social media channels is not intended to be used for medical diagnosis or treatment. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on this website. Please consult with a physician before starting any new fitness regime.

Professional Advice Disclaimer
For general informational purposes only. Nothing on this site is intended to be financial, legal or medical. Please consult with a licensed professional in their field of expertise in your jurisdiction.

Earnings Disclaimer
While we make every effort to ensure that we accurately represent all the products and services reviewed on this website and their potential for income, it should be noted that earnings and income statements made by us, other distributors, or our parent company are estimates only of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.

As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which could reduce results you experience. We are not responsible for your actions. The use of our information, products and services should be based on your own due diligence and you agree that neither us nor our parent company, nor any advertisers / sponsors of this website are liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services reviewed or advertised on this website.

Testimonial Disclaimer
These examples are not typical. Because of the variables associated with defining success, and because those variables are so personalized, it is impossible to accurately state what an individual may or may not achieve. Success is determined on an individual basis and is dependent on a variety of factors including willingness to take action and implement ideas based on what is taught, prevailing market conditions, target market selection, and the amount of hard work and effort an individual expends. The customers depicted in any testimonials have declared that the information shared is true and accurate of their experience. The
written, audio and visual presentations offered may have been edited from their original versions. Some personal and private information has been removed in order to protect privacy.

FTC Affiliate Disclosure
We earn money by participating in affiliate programs. Many of the links on this website (and also those in our email newsletter) may earn affiliate commissions. This means we earn money when you purchase a product from our link, at no cost to you. When you see links on this blog, please assume they are affiliate links. However, all opinions shared are our own and we only share products and services that we love.