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WEBSITE USE TERMS & CONDITIONS AND AGREEMENT BETWEEN US
Welcome to the MyCamera.com website. Please review the following terms and conditions that govern
your use of our website. Please note that your use of our website constitutes your agreement to follow and
be bound by these terms and conditions.
General Disclaimer
While all attempts have been made to ensure the accuracy and reliability of all the materials that are part of
this website, including, but not limited to, the information, advertisements, images, graphics, descriptions,
illustrations, designs, icons, and photographs (collectively, the "Materials"), MyCamera.com does not
represent or endorse the accuracy or reliability of any of the Materials contained on, distributed through, or
linked, downloaded or accessed from this website, or the quality, reliability or accuracy of any products or
other materials manufactured or supplied by others. This website may contain hyperlinks to websites
operated by others ("Linked Sites"). MyCamera.com does not operate or control any information,
products or services on the Linked Sites.
THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S) ARE PROVIDED BY
MYCAMERA.COM ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MYCAMERA.COM DOES NOT WARRANT THAT THE WEBSITE AND THE MATERIALS IT
CONTAINS AND ANY LINKED SITE(S) ARE COMPLETE, ACCURATE, RELIABLE OR ERROR FREE
OR THAT THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
MYCAMERA.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY
OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS IN ANY
PORTION OF THE MATERIALS. PRICES, SPECIFICATIONS AND AVAILABILITY ARE SUBJECT TO
CHANGE WITHOUT NOTICE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE AND MATERIALS, THAT YOUR USE OF THE
WEBSITE AND MATERIALS AND ANY LINKED SITE(S), AND ANY RELIANCE UPON THEM, IS YOUR
SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR
USE OF THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S), AND THAT
MYCAMERA.COM, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE NOT LIABLE FOR
ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE, THE MATERIALS IT CONTAINS
OR ANY LINKED SITE(S).
Security and Privacy
Online credit card orders are protected with SET secure online form encryption. If you would prefer not to put
your credit card information on the online ordering area, you may call our customer service department
toll-free at 1-877-MYCAM99 (1-877-692-2699) to enter the payment portion of your order.
It is the policy of MyCamera.com to respect the privacy of individuals who visit the website, make
purchases and/or provide comments to us. We collect addresses, names and other identifying and contact
information from users of our website in order to correspond with customers about any questions relating to
orders placed. Occasionally we may use this information to send users information about specials and
promotions that MyCamera.com may be passing along to customers. If you choose not to receive such
information, please notify us at service@mycamera.com. We may also collect identifying information about
you through a log of all traffic on our website. Our purpose for collecting the information is to analyze the use
of our website and improve its format and functionality. We may on occasion provide aggregate
demographical information about website users or purchasers to third parties, such as suppliers or
advertisers, but such information does not identify specific individuals. We do not currently use any
personally identifiable information for any purpose other than those we have described here, for example we
do not sell or rent any personally identifiable information about our users to any third party. MyCamera.com
does reserve the right to provide user information to third parties when required to comply with U.S. law
or legal procedure, to protect MyCamera.com's rights or property, and in emergency situations if
physical safety or health is at issue.
Children's Privacy
MyCamera.com has no intention of collecting any personal information from individuals under 13
without parental consent. We request that children under 13 not place orders or otherwise submit
information without direct parental involvement.
Copyright & Trademark Information
Unless otherwise noted all Materials are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed to or by MyCamera.com All manufacturer and product names
mentioned on the website are the trademarks of their respective owners. The website as a whole is
protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned
and reserved by MyCamera.com
The Materials of the website, and the website as a whole, are intended solely for personal use by the users
of our site. You may download or copy any of the Materials only for the purposes of placing an order with
MyCamera.com or using the website as a shopping resource. If you copy or download any of the
Materials you must keep intact all copyright, trademark and other proprietary notices appearing on such
materials. No right, title or interest in any downloaded Materials is transferred to you as a result of, any such
downloading or copying. You may not copy or reproduce (except as noted above), publish or post, publicly
display or perform, transmit, distribute, modify, create derivative works from, sell or participate in any sale
of, or exploit in any way, in whole or in part, any of the Materials or the website as a whole.
Your Comments
We appreciate your comments, remarks, feedback, suggestions, ideas and other submissions you disclose
or transmit to us (collectively, "Comments"). MyCamera.com is not obligated to keep the Comments
confidential or pay you or anyone else any money for your Comments. The Comments shall be solely the
property of MyCamera.com, MyCamera.com shall own solely all rights, titles and interests in and to
the Comments, and MyCamera.com shall not be limited in any way in its use of any Comments. You
acknowledge that you are solely responsible for any Comments you make.
Indemnification
You agree to defend, indemnify and hold MyCamera.com harmless from and against any and all claims,
damages, costs and expenses, including attorneys fees, arising from or related to your use of our website,
the Materials it contains and any Linked Site(s). MyCamera.com is not responsible or liable to any
person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive,
special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon
or resulting from (a) any information provided on this Website, the Materials it contains and any Linked
Site(s) or (b) the use of, or the inability to use this website or any Linked Site(s). If you are dissatisfied with
the MyCamera.com website or any Materials contained in the website, or any Linked Site(s), or with
any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website, any
Materials contained in the website and any Linked Site(s). The total liability of MyCamera.com to you
for any claim arising from or relating to these Terms and Conditions or use of this website shall not exceed
one hundred dollars (US$100).
Termination
This Agreement is effective unless and until terminated by MyCamera.com MyCamera.com may
terminate this Agreement at any time without notice to you, and accordingly deny you access to the website
in our sole discretion if you fail to comply with the Agreement. Upon any termination of this Agreement by
MyCamera.com, you must promptly destroy all Materials downloaded or otherwise obtained from this
website, as well as all copies of such materials. In addition, by providing the Materials on our website,
MyCamera.com does not in any way promise that the Materials or the website will remain available to
you. MyCamera.com may terminate all or part of its website at any time without notice to you.
Law That Governs This Agreement
This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado
without giving effect to any principles of conflicts of law. You agree to bring any claims arising under this
Agreement exclusively in the federal courts of the State of Colorado. If any provision of this Agreement shall
be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining provisions.
Modification
MyCamera.com may modify this Agreement at any time by simply updating this posting and without
notice to you. You will be bound by all such modifications, whether or not you have notice thereof.
Contact Information
This website is controlled and operated by MyCamera.com from its offices in Boulder, Colorado,
U.S.A. Any questions, comments, suggestions or notices should be provided to our System Administrator
as follows:
By email:
webmaster@mycamera.com
By telephone:
877-MYCAM99 (877-692-2699) (Toll-free) or (303) 443-1971
By mail:
System Administrator MyCamera.com 2500 Pearl Street, Suite 300 Boulder, CO 80302
Arbitration of Disputes
Any controversy, claim or dispute between you and MyCamera.com, which cannot be resolved through
negotiations between the parties shall be finally settled by arbitration as provided herein. If the parties fail to
reach a settlement of their dispute within thirty (30) days after the earliest date upon which one of the parties
notifies the other(s) in writing of the existence of and its desire to attempt to resolve the dispute, then the
dispute shall be promptly submitted to arbitration by a single arbitrator through the Judicial Arbiter Group of
Denver, Colorado, any successor of the Judicial Arbiter Group ("JAG"), or any similar arbitration provider
who can provide a former judge to conduct the arbitration if JAG is no longer in existence. The arbitrator
shall be selected by JAG, if possible, on the basis of his or her expertise in the subject matter(s) of the
dispute. The decision of the arbitrator shall be final, nonappealable and binding upon the parties, and it may
be entered in any court of competent jurisdiction; provided, however, that any party to the arbitration
proceeding may seek a court order vacating the decision of the arbitrator in accordance with the provisions
of and on the grounds set forth in C.R.S. § 13-22-214 and/or a modification or correction of the arbitrator's
award in accordance with the provisions of C.R.S. §§ 13-22- 211 or 13-22-215, and may take an appeal
from court orders related to the arbitration proceeding or award as provided in C.R.S. § 13-22-221.
The arbitration shall take place in Boulder, Colorado. The arbitrator shall be bound by the laws of the State
of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the
admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product
doctrine. Discovery shall be permitted and shall be completed in accordance with the time limitations
prescribed in the Colorado Rules of Civil Procedure, unless extensions of such time limitations are
approved by all parties to the arbitration or are ordered by the arbitrator on the basis of strict necessity
adequately demonstrated by the party requesting an extension of time. The arbitrator shall have the power to
grant equitable relief where available under Colorado law, and shall be entitled to make an award of punitive
damages where such an award is permitted by Colorado law. The arbitrator shall issue a written opinion
setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration
proceeding is concluded.
The obligation of the parties to submit any dispute to arbitration as provided in this section shall survive the
expiration or earlier termination of any agreement or contract between the parties.
In the event of any arbitration or litigation being filed or instituted between the parties, the prevailing party will
be entitled to receive from the other party or parties its attorneys' fees, witness fees, costs and expenses,
court costs and other reasonable expenses, whether or not such controversy, claim or action is prosecuted
to judgment or other forms of relief. The "prevailing party" is that party which is awarded judgment or other
legal or equitable relief as a result of trial or arbitration, or who receives a payment of money from the other
party in settlement of claims asserted by such party. If both parties receive a judgment, settlement payment
or other award or relief, the court or the arbitrator shall determine which party is the prevailing party, taking
into consideration the merits of the claims asserted by each party, the relative values of the judgments,
settlements or other forms of relief received by each party, and the relative equities between the parties.
Entire Agreement
This is the entire agreement between us regarding all matters that have been discussed in the preceding
paragraphs.
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