1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
2. DESCRIPTION OF SERVICE
3. CHANGES IN TERMS AND CONDITIONS
Photonotice.com reserves the right to modify or terminate the Services from time to time, for any reason, and without notice. You agree that Photonotice.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Photonotice.com reserves the right to change the terms, conditions and notices under which it offers the Photonotice Web Site. You are responsible for regularly reviewing these terms, conditions and notices and any additional terms posted on the Photonotice Web Site. Your continued use of the Photonotice Web Site after the effective date of such changes constitutes your acceptance of the changes.
5. USE OF THE PHOTONOTICE.COM WEB SITE
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PHOTONOTICE WEB SITE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTONOTICE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PHOTONOTICE.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PHOTONOTICE.COM WEB SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, RELIABLE OR TIMELY. PHOTONOTICE.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PHOTONOTICE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE AND ANY LINKED SITES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PHOTONOTICE.COM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, ACTS OF GOD, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
7. LIMITATION OF LIABILITY
8. VOID WHERE PROHIBITED
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 6 and 7 may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
You agree to indemnify and hold Photonotice.com (including its parent, subsidiary and affiliated companies), its officers, directors, shareholders, predecessors, successors in interest, employees, agents, and affiliates, harmless from any demands, losses, liability, claims or expenses (including attorneys fees) made against Photonotice.com by any third party due to or arising out of or in connection with your use of the Photonotice.com Web Site or Services.
10. APPLICABLE LAW
You agree that all matters relating to your use of the Photonotice.com Web Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to principles of conflict of laws.
11. DISPUTE RESOLUTION
Any disputes must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. In the event of any controversy or dispute between Photonotice.com and you arising out of or in connection with your use of the Web Site, the parties shall attempt, in good faith, to resolve any such dispute. If the parties are unable to resolve such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. ENTIRE AGREEMENT