LIMITED LIABILITY AGREEMENT
WE AIM TO PROVIDE THE MOST TENDER LOVING CARE TO YOUR PHOTOGRAPHIC MEMORIES AS POSSIBLE SO THAT THEY ARE RETURNED TO YOU IN THE SAME CONDITION AS THEY WERE SENT. HOWEVER, THERE ALWAYS EXIST UNFORSEEN CIRCUMSTANCES THAT MAY ARISE DURING TRANSIT OR WHILE IN PRODUCTION. You, the customer ("Client") agree that by ordering services and/or submitting your analog and/or digital photographic media ("Media") whether print, negative, slide, video and/or any other media created, provided, submitted and/or uploaded by you the Client, agree to indemnify and waive any liability to the affiliates, agents, business partners, directors, consultants, officers, investors, licensors, representatives, subsidiaries, and/or vendors of The Photo Touch and Citacomp, LLC ("Company"), holding them harmless of, from and against any and all costs, damages, expenses, fees and liabilities (including attorneys' fees and costs of defense) of the Clients' Media, whether in transit and/or in the possession of the Company. The Client acknowledges that by ordering services and/or submitting any type of Media constitutes an agreement to these terms and in no way, shape or form will hold the Company liable for any and all incidental and/or consequential damages that may arise to the Clients' Media, including judgments resulting from any claim and/or lawsuit against the Company.
COPYRIGHT AND OWNERSHIP OF IMAGES
WE RESPECT COPYRIGHTS AND THE OWNERSHIP OF IMAGES OR MULTIMEDIA WITH COPYRIGHT PROTECTION, INCLUDING YOUR OWN. In adherence with all state and federal jurisdictional laws, the Company does not and will not knowingly and/or intentionally perform any production of products and/or services to any type of Media submitted by the Client that appears to contain and/or be under copyright protection. By submitting any type of Media, you the Client represent and warrant that you own and/or otherwise control all rights to the submitted media, and/or have completed your due-diligence in finding and/or attaining written consent by the copyright holder of the Media. Submission of Media acknowledges that the Client agrees to release the Company and all related parties from any and all obligations associated with the production of any and all products and/or services performed. The Client also acknowledges that by submitting any work under this agreement, the Company has full and/or unlimited rights to perform any and all production for products and/or services for the Client as permitted from the order and/or purchase of any and all products and/or services for Media submitted that may or may not be under copyright protection. Furthermore, the Client acknowledges and agrees that the Company does not claim any ownership to the Clients' Media before or after production of any and all products or services, unless the Client does not pick-up their completed project and/or media within 60-days of notification of completion, and/or is unresponsive, unreachable, or is not able to receive their returned items from shipping carriers, consultants and/or representatives within 60-days of notification of completion.
DISCLAIMER OF WARRANTIES
ALTHOUGH WE PROVIDE THE HIGHEST QUALITY PRODUCTS WITH THE HIGHEST QUALITY SERVICE, WE CAN NOT ALWAYS GAURANTEE THAT EVERYONE WILL BE 100% COMPLETELY SATISFIED. Acceptance of this agreement by the Client acknowledges that the Company does not imply any warranties to the products and/or services offered and/or purchased by the Client, agreeing that any and all products and/or services are implied with an "as is" and "as available" disclaimer. All express, implied and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, the Company disclaims any warranties for the security, reliability, timeliness and performance of the Company's products and/or services. Unless governed by jurisdictional law, the Company is not warranted to be uninterrupted, timely, secure or error-free, and disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any product and/or service. The Client assumes the entire risk of loss and damage due to your use of any and all products and/or services, including but not limited to the cost of repairs or corrections from any and all loss of damage to Media and products and/or services.
GOVERNING LAW AND DISPUTE RESOLUTION
WE ACCEPT AND ADHERE TO ALL JURISDICTIONAL AND GOVERNING LAWS FOR OUR PROTECTION - AS WELL AS YOURS. Based out of their production facility in Loveland, Colorado, the Company abides by and adheres to any and all governing and/or jurisdictional laws. By accepting this agreement, the Client accepts all provisions within this agreement unless restricted by laws issued from the City of Loveland, Colorado, the County of Larimer, Colorado, the State of Colorado, or the United States Government. If any of the above provisions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement so that it may remain in full force and effect. The provisions and terms within this agreement shall not be interpreted or construed to confer any rights or remedies on or for any third parties. Any counter-offers to these provisions will be categorically rejected. All written or oral agreements and/or arrangements previously negotiated between the Client and the Company prior to these provisions will hereby be superseded and cancelled effective immediately. In the event that a dispute can not initially be resolved between the Client and the Company on their own, dispute resolution and/or arbitration will be conducted through the policies set forth by the Better Business Bureau through the methods of "Conciliation," "Mediation," and "Arbitration". As a Better Business Bureau Accredited Business, the Company agrees to comply to the requirements for accredited businesses to answer complaints in a timely manner and abide by the policies set forth by the Better Business Bureau's Dispute Resolution Process. As well, the Company agrees to uphold the Better Business Bureau's tradition and their eight ethical standards of business practice which include to (1) Build Trust, (2) Advertise Honestly, (3) Tell the Truth, (4) Be Transparent, (5) Honor Promises, (6) Be Responsive, (7) Safeguard Privacy, and (8) Embody Integrity (for more information on the Dispute Resolution Process please refer to your local BBB representative).