HOME ARCHIVE PHOTO SCANNING SERVICES AND WE-COME-TO-YOU PHOTO SCAN ARE SUBSIDIARIES OF WE-COME-TO-YOU PHOTO SCAN LLC. BEFORE USING ANY OF OUR SERVICES, PLEASE READ THESE TERMS WHICH WILL GOVERN YOUR RIGHTS AND USAGE OF THE SERVICES. IF YOU WISH TO USE OUR SERVICES, THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND WE-COME-TO-YOU PHOTO SCAN LLC:
YOU AGREE TO PROVIDE A WELL-LIT INDOOR AREA, NO LESS THAN 12' BY 10' IN DIAMETER IN WHICH YOUR HOME ARCHIVE TECHNICIAN MAY SET-UP HIS WORKSTATION. UNLESS LOCATED IN AN ACKNOWLEDGED BUSINESS BUILDING OR COMPLEX WHERE THERE IS DIRECT ACCESS BY WORKING ELEVATORS, THE AREA MUST BE IN AN EASILY ACCESSIBLE LOCATION ON THE FIRST FLOOR, PREFERABLY IN A ROOM WITH LARGE WINDOWS IF POSSIBLE, SUCH AS A LIVING ROOM OR DEN. KITCHENS, BEDROOMS AND GARAGES ARE NOT ACCEPTABLE. A WORKING AC POWER OUTLET MUST BE EASILY ACCESSIBLE AND WITHIN FIFTEEN FEET OF WHERE WORKSTATION IS TO BE SET-UP. YOU AGREE THAT ANY ANIMALS NOT HOUSED IN A CAGE WILL BE BARRED FROM ACCESS TO THE AREA FOR THE DURATION OF THE APPOINTMENT. YOU AGREE THAT YOUR HOME ARCHIVE TECHNICIAN WILL NOT BE REQUESTED TO MOVE YOUR FURNITURE OR POSSESSIONS OR BE RESPONSIBLE FOR THEIR SAFETY OR MAINTENANCE IN ANY WAY WHATSOEVER. IF FOR ANY REASON THE TECHNICIAN DEEMS THE LOCATION UNACCEPTABLE, HE MAY IMMEDIATELY TERMINATE THE APPOINTMENT AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WE-COME-TO-YOU PHOTO SCAN LLC, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY FROM INCURRING ANY LIABILITY WHATSOEVER.
IN ORDER TO BE OF BEST SERVICE TO YOU, YOU MAY PREFER THAT WE HAVE INTERNET ACCESS DURING OUR APPOINTMENTS. IF YOU HAVE A WIRELESS NETWORK, PLEASE BE PREPARED WITH YOUR NETWORK PASSWORD ( NOT TO BE CONFUSED WITH PASSWORDS TO YOUR COMPUTERS OR OTHER PRIVATE INFORMATION !) SO THAT WE MAY ENABLE OUR COMPUTER TO BE ONLINE WHILE WE'RE WITH YOU.
YOU AGREE IN ALL CASES TO RENDER FULL PAYMENT TO YOUR HOME ARCHIVE TECHNICIAN FOR SERVICES RENDERED (HOURLY FEES AND SEGMENTS THEREOF) AND PRODUCTS PURCHASED (EX: ADDITIONAL DVD'S, PHOTO FRAMES, ETC.) IMMEDIATELY AT THE CONCLUSION OF EACH APPOINTMENT. WE-COME-TO-YOU PHOTO SCAN LLC DOES NOT OFFER PARTIAL OR AFTER-APPOINTMENT BILLING UNDER ANY CIRCUMSTANCES. NO PAYMENTS MAY BE DELAYED IN ORDER TO BE ACCRUED IN THE ANTICIPATION OF MORE THAN ONE APPOINTMENT.
WE-COME-TO-YOU PHOTO SCAN LLC ACCEPTS CASH, PERSONAL CHECKS DATED FOR THE DAY OF SERVICES RENDERED, AND VALID VISA, MASTERCARD, DISCOVER AND AMEX CREDIT CARDS.
YOU AGREE THAT ONCE THE MUTUALLY-AGREED-UPON TIME OF THE APPOINTMENT HAS COMMENCED, THE ACCRUED TIME WILL BE CONTINUOUS AND WILL NOT BE STOPPED OR PAUSED UNTIL THE MINIMUM HAS BEEN REACHED. NO INTERACTIONS DURING THE APPOINTMENT INCLUDING, BUT NOT LIMITED TO PHONE CALLS, DISCUSSIONS OF ANY LENGTH OR TOPIC BETWEEN YOU AND ANYONE INSIDE OR OUTSIDE OF YOUR HOME OR OFFICE, NOR ANY INTERACTIONS BETWEEN YOU OR ANYONE INSIDE OR OUTSIDE OF YOUR HOME OR OFFICE WITH YOUR HOME ARCHIVE TECHNICIAN, NOR ANY PHONE CALLS MADE ON YOUR BEHALF SHALL CONSTITUTE A PAUSE IN THE ACCRUEMENT OF TIME THE SERVICES ARE BEING RENDERED. SHOULD YOUR SERVICES BE COMPLETED IN LESS THAN THE MINIMUM NUMBER OF HOURS, YOU AGREE TO STILL PAY IN FULL FOR THE NUMBER OF MINIMUM HOURS.
SHOULD YOU REQUEST YOUR HOME ARCHIVE TECHNICIAN TO CONTINUE BEYOND THE MINIMUM NUMBER OF HOURS, SUBJECT TO HIS OR HER AVAILABILITY, YOU WILL ACCRUE ADDITIONAL FEES AT THE AGREED UPON HOURLY RATE. PARTIAL HOURS BEYOND THE MINIMUM NUMBER OF HOURS SHALL BE COMPUTED AS FOLLOWS:
YOU AGREE THAT ALL FEES FOR ADDITIONAL TIME WILL BE PAID IMMEDIATELY AT THE CONCLUSION OF THE APPOINTMENT, WITHOUT EXCEPTION.
OUR TECHNICIANS PRIDE THEMSELVES ON TAKING UTMOST CARE IN THE HANDLING OF YOUR PRECIOUS PHOTOS AND DOCUMENTS. BY UTILIZING OUR SERVICES, YOU AVOID LETTING YOUR MEMORIES OUT OF YOUR SIGHT, AND ARE ABLE TO SUPERVISE THEIR HANDLING PERSONALLY. HOWEVER, IN THE PROCESS OF DEALING WITH FRAGILE PICTURES AND DOCUMENTS, NO MATTER THE EFFORT, THERE MAY OCCASIONALLY BE SOME DAMAGE. YOU INDEMNIFY AND RELEASE WE-COME-TO-YOU PHOTO SCAN LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES FOR ANY DAMAGE TO OR DESTRUCTION OF YOUR PHOTOS, DOCUMENTS OR ANY OF YOUR POSSESSIONS WHATSOEVER.
YOU AGREE THAT AT NO TIME WILL YOU OR ANYONE IN YOUR HOME OR OFFICE ATTEMPT TO OPERATE ANY OF HOME ARCHIVE SERVICES' EQUIPMENT INCLUDING, BUT NOT LIMITED TO SCANNERS, COMPUTERS AND PRODUCTS. YOU AGREE TO BE FULLY LIABLE FOR TWICE THE RETAIL REPLACEMENT COST OF ANY EQUIPMENT DAMAGED AS A RESULT OF VIOLATION OF THIS STIPULATION.
IT IS UNDERSTOOD THAT WE-COME-TO-YOU PHOTO SCAN LLC AND ITS REPRESENTATIVES' GOAL IS TO AID IN THE PRESERVATION OF PRICELESS FAMILY MEMORIES BY OFFERING EXCLUSIVE SERVICES RENDERED IN OUR CLIENTS' HOMES AND OFFICES. HOWEVER, IN THE SPIRIT OF SINCERE COOPERATION AND MUTUAL RESPECT, IT IS UNDERSTOOD THAT INAPPROPRIATE BEHAVIOR WILL NOT BE TOLERATED BY EITHER PARTY. OUR SMALL, ELITE STAFF OF TECHNICIANS ARE WELL-INTENTIONED, OF-SERVICE PROFESSIONALS. AS YOU WOULD EXPECT, ANY DEMEANING, THREATENING, SUGGESTIVE OR OBSCENE LANGUAGE OR BEHAVIOR WILL BE GROUNDS FOR AN IMMEDIATE TERMINATION OF THE APPOINTMENT AND CANCELLATION OF FUTURE OFFERS OF OUR SERVICES, AND YOU AGREE TO REMAIN LIABLE FOR THE FEES DUE FOR THE MINIMUM NUMBER OF HOURS PLUS ANY OTHER ACCRUED FEES AS DESCRIBED ABOVE.
YOU AGREE THAT YOU WILL NOT INCLUDE IN ANY OF YOUR PHOTOGRAPHS OR DOCUMENTS TO BE DIGITALLY SCANNED AND PRESERVED ANY IMAGES, TEXT ETC. ("MATERIAL") WHICH COULD GIVE RISE TO ANY CIVIL OR CRIMINAL LIABILITY UNDER APPLICABLE LAW, AS WELL AS ANY ABUSIVE, OBSCENE, PORNOGRAPHIC OR INAPPROPRIATE OR PROFANE MATERIAL, NOR ANY MATERIAL WHICH PROMOTES RACISM, HATRED, BIGOTRY OR HARM AGAINST ANY GROUP OR PERSON, NOR ANY MATERIAL WHICH COULD INFRINGE ANY LEGAL RIGHTS INCLUDING RIGHTS FOR PRIVACY, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. THOUGH WE-COME-TO-YOU PHOTO SCAN LLC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY PRINT, WE RESERVE THE FULL RIGHT TO DIGITIZE AT OUR SOLE DISCRETION.
COPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. PHOTOGRAPHS ARE PROTECTED BY COPYRIGHT LAW. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL.
YOU WARRANT THAT THE SUBJECT MATTER TO BE DIGITIZED, PRINTED OR PUBLISHED IN ANY WAY WHATSOEVER UTILIZING WE-COME-TO-YOU PHOTO SCAN LLC'S PRODUCTS OR SERVICES IS DONE WITH FULL COMPLIANCE OF COPYRIGHT LAW, AND AGREE TO INDEMNIFY AND HOLD WE-COME-TO-YOU PHOTO SCAN LLC HARMLESS FOR ALL LIABILITY, DAMAGES AND ATTORNEY FEES THAT MAY BE INCURRED IN ANY LEGAL ACTION CONNECTED WITH THE ABOVE.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD WE-COME-TO-YOU PHOTO SCAN LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THE TERMS, OR ANY CLAIM RELATED TO INFRINGING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WE-COME-TO-YOU PHOTO SCAN LLC IS NOT RESPONSIBLE FOR ANY OVER THE LIMIT, OVERDRAFT OR OTHER BANK FEES YOU MAY INCUR FROM YOUR BANK AS THE RESULT OF OUR CHARGING YOUR CREDIT OR DEBIT CARD. WE CHARGE YOU UP TO $45 FOR ANY CHECKS RETURNED UNPAID BY THE BANK. IF YOU FILE A CHARGE DISPUTE (COMMONLY KNOWN AS A CHARGEBACK) WITH YOUR CREDIT CARD COMPANY THEY IMMEDIATELY CHARGE US A FEE. IF WE WIN THE DISPUTE WE WILL CHARGE THAT FEE BACK TO YOU PLUS A HANDLING FEE FOR OUR TROUBLE.
ANY ACTION HEREUNDER MUST BE BROUGHT, IF AT ALL, WITHIN ONE (1) YEAR FROM THE ACCRUAL OF THE CAUSE OF ACTION. THE PARTIES AGREE THAT THESE TERMS AND ANY CLAIMS HEREUNDER SHALL BE GOVERNED BY AND SUBJECT TO THE STATE AND FEDERAL LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, AND HEREBY CONSENT TO JURISDICTION AND VENUE IN THE COURTS OF THE SOUTHERN DISTRICT OF CALIFORNIA LOCATED IN LOS ANGELES, CALIFORNIA.
THE SERVICES, CONTENT PROVIDED BY WE-COME-TO-YOU PHOTO SCAN LLC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT OUR WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE-COME-TO-YOU PHOTO SCAN LLC MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY GOODS OR SERVICES PURCHASED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOME ARCHIVE SERVICES LLC OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE-COME-TO-YOU PHOTO SCAN LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE-COME-TO-YOU PHOTO SCAN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, WE-COME-TO-YOU PHOTO SCAN LLC'S SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE-COME-TO-YOU PHOTO SCAN LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE-COME-TO-YOU PHOTO SCAN, LLC WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE INTERNET. YOU AGREE THAT THE AGGREGATE LIABILITY OF WE-COME-TO-YOU PHOTO SCAN LLC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO WE-COME-TO-YOU PHOTO SCAN LLC FOR SERVICES AND GOODS RENDERED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF ANY PART OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION MOST CLOSELY MATCHING THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE TERMS WILL CONTINUE IN EFFECT.
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US WITH RESPECT TO THIS SERVICE, AND SUPERSEDE ALL OTHER COMMUNICATIONS, WRITTEN OR ORAL, WITH REGARD TO THE SERVICE. THE FAILURE OF WE-COME-TO-YOU PHOTO SCAN LLC TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT BE DEEMED A WAIVER OF SUCH RIGHT OR PROVISION.
