Version Date: [10/14/2015]
The Website is hosted in the United States. Company makes no representation that the Website is appropriate or available in other locations. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
SHIPMENTS FROM OUTSIDE OF THE UNITED STATES TO COMPANY MUST BE MADE VIA THE APPLICABLE GOVERNMENT POSTAL SERVICE LOCATED IN THE JURISDICTION WHERE THE SHIPMENT ORIGINATES AND SHALL NOT BE SHIPPED BY PRIVATE CARRIER (E.G., FED EX, UPS, DHL, ETC.), BECAUSE PRIVATE CARRIERS OFTEN CHARGE BROKERAGE AND OTHER FEES TO THE RECIPIENT. COMPANY MAY IN ITS DISCRETION REJECT ANY OVERSEAS SHIPMENT FROM A PRIVATE CARRIER WITHOUT LIABILITY TO THE USER. WHEN SHIPPING FROM OUTSIDE OF THE U.S., THE USER SHOULD INDICATE IN THE CUSTOMS DOCUMENTATION THAT THE SHIPMENT IS TEMPORARY AND FOR MODIFICATION AND REPAIR PURPOSES.
DIGITAL INFRARED CONVERSION SERVICES
Company has developed a process for converting a standard digital camera into a digital infrared camera. This process primarily involves removing the hot mirror filter and replacing it with a custom manufactured infrared or clear filter. Afterwards we perform additional adjustments, as required. Please see our FAQs and other explanatory information on the Website. Each camera is unique in the requirements, and the quality of the conversion may vary details of which are indicated for certain models of digital cameras on the Website.
YOU ACKNOWLEDGE AND AGREE THAT AS A RESULT OF COMPANY PERFORMING THE CONVERSION SERVICES DESCRIBED ABOVE, THE ORIGINAL WARRANTY ON YOUR DIGITAL CAMERA WILL BECOME VOID. FURTHERMORE, COMPANY ASSUMES NO LIABILITY WHATSOEVER FOR ANY DAMAGE THAT OCCURS TO YOUR DIGITAL CAMERA DURING SHIPMENT TO OUR FACILITY (WHETHER AS AN ORIGINAL SHIPMENT OR AS A RESULT OF A RETURN) OR THAT OCCURS DURING OR AS A RESULT OF OUR CONVERSION SERVICES WHEN RESULTING FROM A DEFECT, OR PRIOR TAMPERING, MODIFICATION OR DAMAGE PRESENT IN YOUR DIGITAL CAMERA UPON ARRIVAL AT OUR FACILITY. HOWEVER, IF COMPANY CAUSES DAMAGE TO YOUR DIGITAL CAMERA DURING THE CONVERSION SERVICES WHICH IS DUE TO THE FAULT OF COMPANY, THEN COMPANY WILL REPAIR OR REPLACE YOUR CAMERA, OR PROVIDE YOU FUNDS TO DO SO, AS DETERMINED BY COMPANY.
You should be aware that cameras once converted are permanently modified and will no longer be capable of producing standard photographs within the original manufacturer specifications. Parts that have been replaced will not be returned with your unit and will become the property of Company. While we attempt to preserve your images, Company is not responsible for damage to or erasure of images stored on your digital camera or memory card. Please be sure to back up these images before shipping your camera to us for conversion. All camera models have their own unique sensors and other differences. Therefore there will be differences from model to model after conversion, such as spectral sensitivity, range, color, focus, white balance, exposure, etc. Accordingly, results will vary. Some models will require exposure compensation, focus adjustments, white balance adjustment. Some models may not be able to set a white balance at all and will require image corrections in post processing. Converted cameras will also be more susceptible to lens flare and the amount of lens flare will vary from lens to lens. Some lenses may produce hot spots or poor focus with certain camera models, be aware that you may be required to invest in other lenses if your lenses/camera combination exhibit these issues. We make available on the Website as much information as possible about these various differences. However, the information may not be complete or may contain errors or omissions. Since most cameras and lenses were never designed to be used in infrared or UV light photography there will be a need for some trial and error to gain experience and become accustomed to these differences and learn how to work around them.
Company warrants the conversion services for a period of 10 days from receipt of camera by customer. Customer must retain all shipping materials for the warranty duration to allow a shipping damage claim in case damage occurred during shipping. The warranty is void if the converted components have been tampered with, subject to any abuse or misuse, or if failure to operate properly arises from any foreign elements such as dirt, corrosion, or liquid identified as present with the converted components. You must notify Company of a warranty claim within the warranty period. The warranty does not cover any other components of the camera except the services and components provided by Company.
Our Website contains instructions and videos for performing the infrared conversion services by yourself. Company takes no responsibility and shall have no liability for any damage or injury that occurs from following such instructions and videos.
PRODUCT SALE TERMS
Company may from time to time sell already converted cameras. You can either purchase one of our pre-selected cameras in our Risk Free program that we have converted for infrared photography (“Standard Converted Camera”) or you can select a camera from our Made To Order program that you want converted and we will acquire and convert that camera to your specifications (“Custom Converted Camera”). See our Website for more detailed information, specifications and availability.
Standard Converted Cameras:
Our Standard Converted Cameras may be available in several models and features.
Returns: Standard Converted Cameras can be returned for a full refund within 14 days of delivery to you.
Upgrades: You can return your Standard Converted Camera and apply all or part of the purchase price towards an upgrade for a higher value Standard Converted Camera or for a Custom Converted Camera (an “Upgrade”) as follows:
|Camera returned to us within following dates from delivery||Percentage of purchase price applied to Upgrade of Custom Converted Camera|
|Between 15 and 30 days||100%|
|Between 31 and 60 days||50%|
|Between 61 and 90 days||25%|
|Beyond 90 days||0%|
Refunds and Upgrades are calculated less shipping and insurance costs. Upgrades are limited to one per customer. To qualify for the full Refund or Upgrade, the camera must be in “as new” condition, in the original undamaged box with manuals and blank warranty card, and all other components, accessories and packaging originally delivered. Any missing or damaged items will result in a reduction for the Refund or Upgrade of at least a 15%, and this fee may be higher depending upon the damage and/or missing items. If the camera has scuffs or scratches or just is not in “as new” condition, then you cannot receive a Refund, only a credit toward an Upgrade. Company will determine at its discretion reductions to Refunds and Upgrades based upon damage or missing items. An Upgrade allowance cannot be applied to orders for our general conversion services.
Custom Converted Camera:
No Returns or Upgrades: Since Custom Converted Cameras are converted to your specifications, we do not accept returns for these cameras, and these cameras will not be eligible for Upgrades.
You should note as stated above in this Agreement, the manufacture’s warranties on the cameras are voided once our conversion services have been performed, so you will not be receiving any warranty documentation with your purchases. Additionally, you may need to download from the manufacturer’s website user documentation in English or other languages as needed, as the documentation provided with the Standard Converted Cameras and Custom Converted Cameras may not be in English. All returns must comply with our “Return Policy” instructions described below.
Company bills your credit or debit card through an online billing account for purchases of services and products. As prompted by the Website, you must provide your exact billing address, telephone number and credit or debit card information as is on file with your credit or debit card company. Incorrect information will cause your order to be declined. We bill your credit or debit card when we receive your order. You authorize Company to charge your chosen payment provider for any such purchases. We also accept money orders, cashier’s checks, personal and business checks, which all must be in U.S. funds only. Regardless of your form of payment, we do not begin work until payment has been received and clears, which may take up to 10 business days for non-credit or debit card payments..
Return shipment of cameras after conversion will be via the shipping method selected by user. Posted prices do not include shipping, insurance, duty, customs, importation fees, and sales tax, which will be charged to you when applicable. If any taxes, customs, importation, brokerage or other fees are charged to Company at any time arising from shipment by a user of a camera to Company, even after a converted camera has been returned to the user, then such amounts will be charged to user, and you agree that such amounts may be charged to your credit or debit card without prior notice. If there are any chargebacks or reversals from your payment provider we will charge a fee of $35 for each occurrence. If a check is returned for insufficient funds, you will be charged a return check fee of $25. If amounts are owed by the user to Company as a result of a chargeback or otherwise, user agrees to reimburse Company for any legal, court costs and other expenses incurred to collect from user amounts owed.
Company reserves the right to correct any errors or mistakes in pricing that it makes on the Website or when processing an order even if it has already requested or received payment. In such case, Company may refuse or cancel an order and refund any amounts paid. Products purchased or otherwise provided through the Website, including samples, are for personal use only and are not for resale. All purchases are subject to Company policies and procedures relating to processing, shipping and handling, returns and exchanges set forth in this Agreement and on the Website. All prices are in U.S. dollars.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Company may cancel an order at any time if Company determines that it will not be able to fulfill such order, or for any other reason, and upon any such cancellation will notify you and refund any amounts paid by you for such order. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Website are subject to change without notice. All turnaround times and delivery dates are estimates and non-binding. We will ship products as they become available. We will keep you informed of any products that you have ordered that are out of stock and/or unavailable for immediate shipment.
Users warrant that they have no intent to use the modified digital cameras or products purchased from the Website for any illegal purpose. Users understand that if Company has any reason to believe that a user intends to use a digital camera or products purchased from the Website for any illegal purpose, then Company will fully cooperate with any law enforcement investigation and action.
RISK OF LOSS
When Company delivers your converted camera to a common carrier for delivery to you, you assume all risk of loss that may occur during shipment. However, at your option, Company may purchase insurance on your camera and include the cost of insurance in the delivery charges. If damage occurs to your digital camera during shipment to you, then, only if you opt to have Company purchase insurance, will you be eligible to receive proceeds available under the purchased insurance policy. If you opt to have Company purchase insurance on your camera, Company shall not be liable to you for any amounts due to damage occurring to your digital camera during shipment to you above the amount of proceeds paid under the insurance.
All purchases of services and products from Company are final and payments are non-refundable. However, if you receive a product in damaged condition, you must contact us within ten (10) business days and we will provide you with instructions for returning the product to us for replacement. Do not return a product to us without first contacting us in order to receive a return materials authorization number and instructions. Also, you must return items using a method of shipment that can be tracked. We are not responsible for return shipments that cannot be verified as delivered to our facility. You are responsible for purchasing insurance on returned items and any loss occurring during shipment prior to delivery at our facility shall be borne by you. Either we will send you a pre-paid shipping label or you will be reimbursed for return shipping costs for damaged items, as determined by Company upon your contacting Company to obtain return instructions.
Regarding Information You Provide
By using the Company Services, you represent and warrant that:
A – all information you submit is truthful and accurate;
B – you will maintain the accuracy of such information;
C – if you have an account, you will keep your password confidential and will be responsible for all use of your password and account;
D – you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E – your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
A – criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
B – systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
C – making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
D – disguising the origin of any information or inquiry transmitted through the Website or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
E – engaging in unauthorized framing of or linking to the Website;
F – using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
G – tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
H – making improper use of Company’s support services or submitting false reports of abuse or misconduct;
I – engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
J – interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
K – attempting to impersonate another user or person or using the username of another user;
L – selling or otherwise transferring your profile;
M – using any information obtained from the Website in order to harass, abuse, or harm another person;
N – using the Company Service as part of any effort to compete with Company or to provide services as a service bureau;
O – deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
P – attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
Q – harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
R – deleting the copyright or other proprietary rights notice from any Company Content;
T – uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service;
U – uploading or transmitting (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
V – except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
W – disparaging, tarnishing, or otherwise harming, in Company’s opinion, Company and/or the Website; and
X – using the Website or Company Services in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company Content therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Website.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Service) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Company reserves the right but does not have the obligation to:
A – monitor the Website for violations of this Agreement;
B – take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; and
C – otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website, or Company Services, or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings (if applicable), or by contacting us using the contact information found below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings (if applicable) to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the law of the State of Washington, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Snohomish County, Washington; subject, however, to the right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted more than two (2) years after the cause of action arose.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
YOU AGREE THAT YOUR USE OF THE WEBSITE, COMPANY SERVICES, AND PRODUCTS WILL BE AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, COMPANY SERVICES, PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND COMPANY SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
ALL WARRANTIES APPLICABLE TO ANY PRODUCT THAT YOU PURCHASE, WHETHER DIRECTLY FROM COMPANY OR AS PART OF THE CONVERSION SERVICES, WILL BE ONLY THOSE WARRANTIES PROVIDED BY THE MANUFACTURER, WHICH COMPANY WILL PASS THROUGH TO YOU TO THE EXTENT AUTHORIZED BY THE MANUFACTURER.
The Company reserves the right to change any and all content, software and other items used or contained in the Website and any Company Services offered through the Website at any time without notice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, COMPANY SERVICES OR PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES AND PRODUCTS DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING AND $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Company Services, Products, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to firstname.lastname@example.org. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services and products. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Hot Pixel, LLC
13024 Beverly Park Road
Mukilteo, WA 98275