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Thank you for choosing Chosky Studios for your photo enhancement, retouching, restoration, and photography needs. These Terms of Service govern your use of the Chosky Studios services. By placing an order with us, you are stating that you are 18 years or older, that these services are legal in the jurisdiction you reside in, and that you agree to these Terms of Service as a binding legal contract. You should therefore read these Terms of Service carefully. If you have any questions, don’t hesitate to contact us.
GENERAL PRODUCTION POLICIES
ARCHIVING OF PROJECTS / IMAGES
To provide clients with better service, Chosky Studios archives all projects and images for an indefinite length of time to allow for future re-orders, changes, etc. Following the completion of the hired services, these projects are not shared or published to any third party without the express consent of the customer. If requested at the time of order, all images and project files will be deleted from our archives after seven days from the time the order is sent to the client. Once a project has been deleted from our archives, it will no longer exist at Chosky Studios.
QUALITY OF OUTPUT
As with any custom product, the quality of the final output depends substantially on the quality of the initial input. Where possible, Chosky Studios will make an effort to inform the client prior to production if, in the opinion of Chosky Studios, the initial image will not produce acceptable output for the intended use. The client will have an option to cancel his order, re-scan his images (if applicable) according to the specifications, or authorize Chosky Studios to use the digital or hard copy image “as is”. In the latter circumstance, Chosky Studios will not be able to guarantee the quality of the final product.
Color accuracy – Accurate color reproduction starts in the camera. When a client sends us an image, our artists will begin work in a color-managed work flow to ensure (as close as possible) accurate color reproduction for the final output. The accuracy of this color managed work flow is limited to the color space, bit depth, and quality of the original image. If a client will be displaying the finished work on a TV or monitor, please note that unless that TV and/or monitor has been recently calibrated using professional grade calibration equipment, the monitor may not display the colors accurately. We are happy to provide information about the specific color spaces we use (generally Adobe RGB 1998). Please take this into consideration.
When possible, we encourage clients to send us uncompressed photos using correctly embedded Adobe RGB 1998 or sRGB color space. If a client has provided us a photo using a different color space we will attempt to use that instead as long as we are informed beforehand that the client prefers us to use the original color space.
If you have any questions regarding color, please do not hesitate to contact us.
GUARANTEE, RETURNS AND REFUND POLICY
Simply put, “if you’re not happy, we’re not happy!” That’s why we house only the most skilled artists to enhance, retouch, restore, and turn every photograph into a work of art. At Chosky Studios, we take great pride in supplying clients with superior quality and friendly, affordable digital photographic services.
To help meet a client’s expectations, all Chosky Studios orders include a digital proof as part of the process. If a rush order is required, or if it’s preferable to reduce production time, this process can be waived.
Upon receiving a digital proof, if a client is not satisfied with the results, we will perform one round of general alterations, free of charge. The object of this is to correct any discrepancies between the initial description of what the client wanted, and our understanding of the client’s requirements. Note: If a client has changed his mind as to what service(s) he wants, or desire more customized work, we will let the client know (prior to beginning this type of additional work) what the extra cost will be. At Chosky Studios, there are no hidden charges nor misleading policies.
Upon a client’s approval of a completed service, the service contract will be fulfilled and the Satisfaction Guaranteed Policy will be concluded.
If in the rare case a proof is rejected or otherwise canceled, the client’s liability will be limited to 50% of the total service cost excluding any extra retouching/painting fees, custom requests, or restoration charges. All monies will be refunded to the customer less the exclusions as described above. Refunds will not be given for completed work that has already been approved.
Returns and Refunds
Chosky Studios guarantees craftsmanship of the finished product as it pertains to the services we performed directly for the client. We do not endorse nor warranty the quality and prices of any outside company a client may chose to have his photographs printed, re-edited, or displayed through. CHOSKY STUDIOS IS EXCLUSIVELY A PHOTO RETOUCHING AND PHOTOGRAPHY COMPANY AND WE DO NOT COMMERCIALLY PRINT PHOTOS, NOR OFFER PRINTING AS A PAID SERVICE. We are however, happy to help out and place an order with an online printing company should a client decide he doesn’t want to place the order himself. The client will simply have to pay the fees the printing company charges for the number and type of print(s) ordered.
At this point the general policy for Returns and Refunds for craftsmanship and damages will apply (see below).
For United States Orders: If an item is being sent to a (non – P.O. Box) United States address, and arrives physically damaged due to the fault of the mail carrier service, we will replace the product at our expense as long as an allowed claim is successfully filed against the shipper, and as long as the package was mailed from our company and not from a non-affiliated photo printing company.
For Non-United States Orders: If an item is being sent to an address outside of the United States, we won’t have the ability to track the package or insure that it arrives safely. Certain foreign mail systems range from very reliable to nearly non-existent. For such orders, the client assumes full responsibility for items damaged during shipping. If foreign mail damage does occur, we will work with the client to arrange a new shipment at minimal cost.
Additionally, if an item arrives with errors or mistakes by Chosky Studios (e.g., a misspelling, wrong aspect ratio, etc.) we will fix and replace the item at no charge if a request is made within 7 days of arrival. We will not be responsible for errors in spelling if captions were submitted to us that way or were not caught by the client during the proofing process.
PLEASE NOTE: WE MUST RECEIVE NOTICE OF DAMAGE WITHIN 7 DAYS OF RECEIPT OF THE ITEM. IF THE DAMAGE IS A RESULT OF SHIPPING, WE WILL REQUIRE THE CLIENT’S ASSISTANCE IN HELPING TO FILE A CLAIM WITH THE CARRIER. IN ALL CASES THE CLIENT MUST RETAIN THE ORIGINAL PACKING MATERIAL. IN SOME CASES WE MAY REQUIRE THE CLIENT TO SEND BACK THE ORIGINAL ITEM AT OUR EXPENSE.
Most services generally take 4-7 work days (i.e. Monday through Friday) to complete. If, during the consultation process, we assess the client’s needs to be longer than the usual turnaround, we will give a revised production time. Please note that production times can only be met as long as we receive timely responses from the client particularly in the case of proofing. In the case where changes are requested in middle of the process the production time may be increased. In all cases we will work with the client to find a way to meet deadlines. However, in the case of changes or revisions or communication delays, production times may take longer than originally quoted and/or ordered. FOR RUSH AND TIME SENSITIVE ORDERS WE MAKE EVERY EFFORT TO ENSURE THAT THE ITEM WILL BE DELIVERED ON TIME. HOWEVER, IT IS IMPERATIVE THAT THE CLIENT FOLLOW UP ON THE DAY OF DELIVERY TO ENSURE TIMELY COMPLETION OF THE SERVICE. THIS WILL HELP TO AVOID POSSIBLE ISSUES DUE TO COMMUNICATION DELAYS. THE ONLY REFUND AVAILABLE FOR A MISSED PRODUCTION TIME DUE TO AN ERROR BY CHOSKY STUDIOS IS THE EXTRA COST PAID FOR RUSH DELIVERY.
(NOTE: DUE TO PRACTICAL LIMITATIONS, WE OFFER NO SHIPPING POLICY/WARRANTY ON ORDERS MAILED TO P.O. BOXES OR ADDRESSES OUTSIDE THE UNITED STATES.) By default, Chosky Studios will provide download links to a client’s finished photograph file(s). We will only postal mail finished photos to a client if specifically requested by the client. We will use the shipping method a client specifies including: ground, priority, 2nd day, and next day. In this situation, the client is responsible for paying any special shipping and handling charges. We do not normally ship items with signature required as most of our clients are not home during the day to receive packages. If a client wants a signature to be required, the client must specify this at the time of order. In all cases, Chosky Studios will not be responsible for shipments that are lost, damaged, or not delivered in a timely fashion by the shipper. In the case of lost, damaged, or delayed shipments, we will help the client to file a claim with the shipper and we will expedite a replacement to him. In the case of sending a replacement, charges may apply including the cost to reproduce the item ordered at Chosky Studios and the shipping charge. CHOSKY STUDIOS WILL NOT BE ABLE TO RE-SEND AN ORDER AT OUR EXPENSE IF THE SHIPPER DENIES A LOST/DAMAGED ITEM CLAIM. THIS IS WHY WE STRONGLY RECOMMEND THAT A CLIENT CHOOSE THE APPROPRIATE SERVICE LEVEL AND INSURANCE COVERAGE.
THE USE OF IMAGES
Chosky Studios will use the images and other media you supply to us (except where not permitted by these Terms & Conditions) to assemble the products according to the client’s plan. These include hard copies or image files of photos, slides and documents the client provides to us. The client must have the legal right to use the images he supplies to us. By placing an order with us the client is representing and warranting to Chosky Studios that he has that right, that all images he supplies belongs to him, and that he has obtained any third party permissions that may be necessary to use those images. Such permissions may include but are not necessarily limited to the permission of the photographer(s) of any photograph(s) supplied to Chosky Studios for use in a final product. By placing an order with us, the client is representing and warranting to Chosky Studios that he has all such rights and any necessary permission from third parties. By placing an order with us, the client is also agreeing to indemnify Chosky Studios against any liability that might arise as the result of a claim by any third party that inclusion of the materials that were supplied to us violate any copyright or other right of any third party. Chosky Studios expressly disclaims any responsibility or liability to any third party arising out of the content of the materials supplied to us for inclusion in the client’s final product, and the client agrees to be solely responsible as to any such claim. Chosky Studios also reserves the right to refuse to work on any photograph, or any other media item for any reason. This includes, but is not limited to, any material that is deemed to be hateful, harmful or otherwise objectionable or contrary to any law. If unsure, the client must first contact us to describe his project and we will let the client know if it is acceptable to send to us. Chosky Studios will not accept any photos that depict minors or any person who it appears is or might be a minor engaged in any form of sexual conduct or any conduct that might otherwise be harmful in any way, including, but not limited to content that does or might violate any federal or state child pornography law, child exploitation law or law that prohibits harmful depictions of minors. Additionally, if necessary for the protection of minors or as required by law, Chosky Studios will disclose such material to the proper authorities. IN ALL CASES, THE CLIENT ACCEPTS FULL LEGAL RESPONSIBILITY FOR ANY PHOTOS OR MATERIAL HE SENDS TO US. THE CLIENT ALSO AGREES TO BEING SOLELY RESPONSIBLE FOR CHECKING COUNTRY, STATE, AND LOCAL LAWS TO ENSURE THAT ANY SERVICES AND PRODUCTS OBTAINED FROM CHOSKY STUDIOS ARE NOT IN VIOLATION OF ANY APPLICABLE LAWS.
FEES FOR NON-PAYMENT
All payments for orders are to be paid in full prior to fulfillment of the product unless specific arrangements have been made between Chosky Studios and the client.
A $30 fee will be added to the balance or any payments owed for returned checks or in instances where the client has charged back the payment on the credit card due to error or mistake.
Finance charges will accrue at a rate of 1.5% per month on the open balance or maximum allowed by law.
CHOSKY STUDIOS COPYRIGHTS AND TRADEMARKS
All logos, graphics, text used to identify Chosky Studios, choskystudios.com, and its products and services are the trademarks and property of Chosky Studios. All such protected material cannot be copied, displayed, or used in derivative works without the express permission of Chosky Studios. Any third party logos, graphics and marks displayed by Chosky Studios are the property of the respective owners. These cannot be used, copied or displayed in any way without express permission of the owners of these marks.
DISCLAIMER TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHOSKY STUDIOS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITS PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES SHALL CHOSKY STUDIOS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CUSTOMERS PHOTOS, SLIDES, NEGATIVES OR ANY OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO AS A RESULT OF THEFT, FIRE, FLOOD, NATURAL DISASTER, WAR, OR TERRORISM. BY PURCHASING THE SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE YOU ARE AGREEING TO ALL TERMS AND CONDITIONS CONTAINED HEREIN.
These Terms and Conditions shall be governed by the laws of Ohio where Chosky Studios is organized. If a court should find any one of the provisions of these terms not enforceable, the client agrees that the remaining terms shall remain in force. Further, these Terms and Conditions represent the full agreement between the client and Chosky Studios. Chosky Studios has the right to modify these Terms and Conditions at any time. Should the client continue to use the service after notice of the changes, the client’s use will constitute an acceptance of the changes. If there are any questions regarding any of the above provisions, please contact us.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, or other details to help you with your experience.
When do we collect information?
We collect information from you when you subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site, and when you provide us with feedback on our products or services
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off it will turn off some of the features of the site.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in-site notification
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
To be in accordance with CANSPAM, we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can email us at
and we will promptly remove you from ALL correspondence.
The information provided on the Site 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site 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.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Apple and Android Devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Ohio, United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500 USD. 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.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Last Edited on July 03, 2021
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