Image ONE Camera Terms & Conditions

IMAGE ONE CAMERA® TERMS AND CONDITIONS OF USE

Welcome.

Please Read Our Terms and Conditions of Use for IMAGE ONE CAMERA® Inc. website and any other IMAGE ONE CAMERA® Inc. websites including any of its micro-sites or sub-sites (collectively “IMAGE ONE CAMERA® Owned Websites”). IMAGE ONE CAMERA® Owned Websites are the property of IMAGE ONE CAMERA® Inc. (“IMAGE ONE CAMERA® Inc.”, “we”, “our” or “us”) or its licensors.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING A IMAGE ONE CAMERA® OWNED WEBSITE. BY USING A IMAGE ONE CAMERA® OWNED WEBSITE, YOU AGREE TO AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT USE ANY IMAGE ONE CAMERA® OWNED WEBSITE.

IMAGE ONE CAMERA® reserves the right in its sole discretion, to change, revise, add to, remove from and otherwise edit these Terms and Conditions of Use at any time by removing these Terms and Conditions of Use or posting updated Terms and Conditions of Use on our IMAGE ONE CAMERA® Owned Websites. Any removal of and/or changes, revisions, or additions to these Terms and Conditions of Use are effective at the time they are posted or removed unless you are using a IMAGE ONE CAMERA® Owned Website at the time of such posting or removal. In this event any removal, change, revision, or addition will be effective the next time that you access or use a IMAGE ONE CAMERA® Owned Website.  For this reason it is your responsibility and IMAGE ONE CAMERA® encourages you to check these Terms and Conditions of Use each time you visit any of our IMAGE ONE CAMERA® Owned Websites. Your continued use of an IMAGE ONE CAMERA® Owned Website following the removal of or the posting of any changes, revisions, and/or additions will mean that you accept and agree to them. As long as you comply with these and any updated Terms and Conditions of Use, IMAGE ONE CAMERA® grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license  to access  and use our IMAGE ONE CAMERA® Owned Websites, including but not limited to any Content  contained on or accessible from a IMAGE ONE CAMERA® Owned Website, for personal, noncommercial and informational purposes only.

1. OWNERSHIP

All material(s) and content including but not limited to images, text, graphics, software, user interfaces, visual interfaces, sounds, trademarks, logos, artwork and computer code (collectively “Content”) contained on any of our IMAGE ONE CAMERA® Owned Website are owned, controlled or licensed by or to IMAGE ONE CAMERA® Inc., and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property or proprietary rights and laws.

You may use information on IMAGE ONE CAMERA® products and services purposely made available by IMAGE ONE CAMERA® for downloading from any of our IMAGE ONE CAMERA® Owned Websites, provided that you (1) do not remove or change any copyright, trademark, patent and/or other intellectual or proprietary notice or registration language, (2) use such information only for your personal, noncommercial, informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no revisions to any such information, and (4) do not make any additional representations or warranties relating to such information.

There are a number of IMAGE ONE CAMERA® proprietary logos, trademarks and service marks (collectively “Trademarks”) displayed on the IMAGE ONE CAMERA® Owned Websites. All such Trademarks (whether registered or not registered) are the property of IMAGE ONE CAMERA® and/or IMAGE ONE CAMERA® Corporation. By displaying any Trademarks on any IMAGE ONE CAMERA® Owned Websites, IMAGE ONE CAMERA® is not granting and does not grant you a license or the right to use any of the Trademarks nor should anything contained on any of our IMAGE ONE CAMERA® Owned Websites be construed or interpreted as granting you by implication or otherwise a license or any right to use any of the Trademarks without the prior express written permission of IMAGE ONE CAMERA® in each instance.

Except as expressly provided in these Terms and Conditions of Use, no part of any IMAGE ONE CAMERA® Owned Website and no Content and/or Software may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without IMAGE ONE CAMERA® Inc.prior express written consent in each instance.

2. LINKS TO NON-IMAGE ONE CAMERA® OWNED WEBSITES

IMAGE ONE CAMERA® Owned Websites may provide links to other websites which are not owned by IMAGE ONE CAMERA® and are owned by companies or parties which are either affiliated or unaffiliated with IMAGE ONE CAMERA® (collectively “Non-IMAGE ONE CAMERA® Owned Websites”). These links to Non-IMAGE ONE CAMERA® Owned Websites are provided to you solely as a matter of convenience and for informational purposes. If you access any of these links, you will no longer be on a IMAGE ONE CAMERA® Owned Website. We do not endorse or make any representation about Non-IMAGE ONE CAMERA® Owned Websites, and we are not responsible for and we disclaim all warranties, express or implied, as to the privacy, content or security of such Non-IMAGE ONE CAMERA® Owned Websites. You are responsible for reviewing, and we encourage you to review the Policies and Terms and Conditions of Use of such Non-IMAGE ONE CAMERA® Owned Websites.

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 2.

3. SUBMISSIONS

Except for Personally Identifiable Information as covered and defined online in IMAGE ONE CAMERA® Inc. Privacy Policy, any communications, materials or other information sent or submitted electronically or otherwise by you (collectively “Information”) to IMAGE ONE CAMERA® or any of our IMAGE ONE CAMERA® Owned Websites shall be deemed and treated as non-confidential and non- proprietary. IMAGE ONE CAMERA® shall not have any obligation or responsibility with respect to such Information, and IMAGE ONE CAMERA® shall have the right and be free with respect to any such Information to broadcast, alter, change, edit, copy, disclose, publish, post, send or otherwise use such Information anywhere in the world without compensation being paid to you in any medium in perpetuity for any and all purposes. In addition, IMAGE ONE CAMERA® shall have the right and be free to use for any purposes whatsoever without any compensation being paid to you, any concepts, know-how, ideas or techniques contained in any Information that you send or submit to IMAGE ONE CAMERA® or any of our IMAGE ONE CAMERA® Owned Websites. You agree, however, that IMAGE ONE CAMERA® is under no obligation or requirement to use any ideas, concepts, know-how or techniques contained in any Information. It is IMAGE ONE CAMERA® Inc. policy and practice not to accept or consider unsolicited materials or other works from the public including but not limited to ideas for advertising campaigns, products, promotions, and processes (collectively “Submissions”). Please do not send or submit any Submissions to IMAGE ONE CAMERA® through any of our IMAGE ONE CAMERA® Owned Websites or otherwise as IMAGE ONE CAMERA® does not wish to receive them and strongly advises you not to send or submit them. The purpose of IMAGE ONE CAMERA® Inc. policy and practice is to avoid misunderstandings and/or disputes when IMAGE ONE CAMERA® or our parent company or any of our affiliate companies’ products, technologies or strategies are or appear to be similar to Submissions sent or submitted to IMAGE ONE CAMERA® Inc. In the event that despite IMAGE ONE CAMERA® Inc. above stated policy and practice, you send or submit Submissions to IMAGE ONE CAMERA® that are not covered by a U.S. patent or are not public information, regardless of what you may state to the contrary, your Submissions shall automatically become the property of IMAGE ONE CAMERA® without any compensation being paid to you, and IMAGE ONE CAMERA® shall have the right and be free to use such Submissions and any concepts, know-how, ideas or techniques contained in any Submissions for any and all purposes whatsoever. ALL INFORMATION PROVIDED ON ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE. Under no circumstance, are you permitted to send or submit to or from any of our IMAGE ONE CAMERA® Owned Websites any Information that is defamatory, obscene, pornographic, libelous, offensive or otherwise in violation of any laws.

By using any of our IMAGE ONE CAMERA® Owned Websites, you acknowledge and agree that internet transmissions are never completely private or secure and that any Information you send or submit to any of our IMAGE ONE CAMERA® Owned Websites may be intercepted and read by third parties, unless there is a specific indication or notice that a particular transmission (e.g., credit card information) is encrypted.

4. CONTESTS

IMAGE ONE CAMERA® Owned Websites may from time to time, present contests, sweepstakes or other promotions (collectively “Contest(s)”) that offer prizes or that require you to send in material or information about yourself. Each Contest has its own rules and requirements which you must read and agree to before you may enter or participate.

5. SOFTWARE

In the event any software is available for downloading on or from any of our IMAGE ONE CAMERA® Owned Websites, such software is the copyrighted work and property of IMAGE ONE CAMERA® and/or its suppliers (the “Software”). Use of any such Software is subject to the terms and conditions of the license agreement that are provided with or accompanying such Software. Unless expressly permitted by the license agreement provided with or accompanying such Software, any reproduction or copying of any such Software is strictly prohibited. In no event are you permitted to create derivative works of such Software or to reverse engineer, disassemble, decompile or otherwise tamper with any such Software.

6. PRODUCTS AND SERVICES

Any products and services displayed for sale on any of our IMAGE ONE CAMERA® Owned Websites are intended for sale only in the U.S. Displaying such products and services does not mean and should not be interpreted to mean that such products and services will be available at any given time. All IMAGE ONE CAMERA® authorized dealers and re-sellers of IMAGE ONE CAMERA® Inc. products or IMAGE ONE CAMERA® authorized service stations for IMAGE ONE CAMERA® products identified on a IMAGE ONE CAMERA® Owned Website are independent businesses and are identified only as a convenience to those seeking to purchase IMAGE ONE CAMERA® products or to have their IMAGE ONE CAMERA® products serviced. IMAGE ONE CAMERA® authorized dealers and re-sellers determine in their sole discretion their own selling prices of IMAGE ONE CAMERA® products and IMAGE ONE CAMERA® authorized service stations determine in their sole discretion their own service prices for IMAGE ONE CAMERA® products, which prices may vary from IMAGE ONE CAMERA® Inc. prices. ANY SPECIFICATIONS, DESCRIPTIONS OR OTHER INFORMATION PERTAINING TO ANY PRODUCTS AND SERVICES ON ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

7. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

IMAGE ONE CAMERA® DOES NOT REPRESENT OR WARRANT THAT ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES INCLUDING BUT NOT LIMITED TO ANY OF THE CONTENT AND SOFTWARE CONTAINED ON OR ACCESSIBLE TO YOU FROM ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES WILL BE ERROR-FREE, FREE OF VIRUSES, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR IMAGE ONE CAMERA® OWNED WEBSITES OR ANY PORTIONS OF THEM WILL BE CONTINUOUSLY AVAILABLE FOR USE, OR THAT YOUR USE OF ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES OR ANY PORTIONS OF THEM WILL PROVIDE SPECIFIC RESULTS. THE IMAGE ONE CAMERA® OWNED WEBSITES, INCLUDING BUT NOT LIMITED TO THE CONTENT AND THE SOFTWARE CONTAINED ON OR ACCESSIBLE FROM ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES ARE DELIVERED ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WITH REGARD TO ANY OF THE IMAGE ONE CAMERA® OWNED WEBSITES AND ANY OF THE CONTENT AND SOFTWARE CONTAINED ON OR ACCESSIBLE FROM ANY OF THE IMAGE ONE CAMERA® OWNED WEBSITES, IMAGE ONE CAMERA® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES AND ANY LINKED NON-IMAGE ONE CAMERA® OWNED WEBSITES. YOUR SOLE REMEDY AGAINST IMAGE ONE CAMERA® FOR DISSATISFACTION WITH ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES OR ANY CONTENT CONTAINED ON OR ACCESSIBLE FROM ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES IS TO STOP USING SUCH IMAGE ONE CAMERA® OWNED WEBSITES OR SUCH CONTENT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL IMAGE ONE CAMERA® BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT OF YOUR USE OR INABILITY TO USE ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES INCLUDING BUT NOT LIMITED TO ANY CONTENT CONTAINED ON OR ACCESSIBLE FROM ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES, EVEN IF IMAGE ONE CAMERA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PLEASE NOTE THAT SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, IN NO EVENT SHALL IMAGE ONE CAMERA®  TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED $ 250.00.

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8. INDEMNIFICATION

YOU AGREE TO BE  LIABLE TO AND TO INDEMNIFY IMAGE ONE CAMERA® , ITS PARENTS, AFFILIATES, LICENSORS, LICENSEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY “INDEMNIFIED PARTIES”)  FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND  COSTS) ARISING OUT OF OR RELATED TO (I) ANY BREACH OF THESE TERMS AND CONDITIONS OF USE BY YOU OR ANYONE ACTING UNDER YOUR DIRECTION, AUTHORITY AND/OR CONTROL, AND/OR (II) YOUR MISUSE OF ANY OF OUR IMAGE ONE CAMERA® OWNED WEBSITES.YOU AGREE THAT IMAGE ONE CAMERA® SHALL HAVE THE RIGHT TO SELECT ITS OWN ATTORNEYS, AT YOUR EXPENSE, TO DEFEND ANY OF THE INDEMNIFIED PARTIES  REGARDING ANY CLAIMS SUBJECT TO INDEMNIFICATION BY YOU. YOU ALSO AGREE THAT YOU SHALL NOT SETTLE ANY CLAIM INVOLVING ANY OF THE INDEMNIFIED PARTIES WITHOUT THE WRITTEN CONSENT OF IMAGE ONE CAMERA® .

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

9. RESERVATION OF RIGHTS

IMAGE ONE CAMERA® RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO REVISE, CHANGE, SUSPEND, INTERRUPT OR TERMINATE OPERATION OF OR ACCESS TO ANY OF THE IMAGE ONE CAMERA® OWNED WEBSITES, OR ANY PORTION OF ANY OF THE IMAGE ONE CAMERA® OWNED WEBSITES, FOR ANY REASON WHATSOEVER AS SHALL BE DETERMINED BY IMAGE ONE CAMERA® IN ITS SOLE DISCRETION; AND (2) TO REVISE, ADD TO, REMOVE OR CHANGE ANY OF THE IMAGE ONE CAMERA® OWNED WEBSITES, OR ANY PORTION OF ANY OF THE IMAGE ONE CAMERA® OWNED WEBSITES, AND ANY APPLICABLE POLICIES OR TERMS AND CONDITIONS OF USE.

10. EXPORT CONTROLS

You agree not to use, download, transmit, export or re-export any Content and/or Software contained on or accessible from any of the IMAGE ONE CAMERA® Owned Websites in violation of any applicable laws or regulations including but not limited to any U.S. export control laws and regulations.

11. GOVERNING LAW

You agree that these Terms and Conditions of Use and any dispute or action relating to any IMAGE ONE CAMERA® Owned Website or any Content contained on or used in connection with any IMAGE ONE CAMERA® Owned Website will be governed by and construed in accordance with the laws of the State of CALIFORNIA  and the United States, as such laws are applied to agreements entered into and to be performed entirely within CALIFORNIA  State between CALIFORNIA  State residents, without regard to its conflict of laws principles.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN CONSUMER PROTECTION NOTICE SECTION 16 BELOW

12. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER

Except for any disputes, claims or controversies relating to the enforcement of IMAGE ONE CAMERA®  intellectual property rights including without limitation the Trademarks, you and IMAGE ONE CAMERA® each agree that any legal or equitable claim, dispute or controversy relating to or arising from your use of any of the IMAGE ONE CAMERA® Owned Websites, or any Content contained on or used in connection with any of the IMAGE ONE CAMERA® Owned Websites or the interpretation, enforceability or applicability of these Terms and Conditions of Use (collectively  a “Claim”) will be resolved as follows:

  1. INFORMAL RESOLUTION:

You and IMAGE ONE CAMERA® will first attempt to resolve any Claim informally. In the event that any Claim arises between you and IMAGE ONE CAMERA® , you or IMAGE ONE CAMERA® as the case may be, must send to the other a notice of Claim which indicates in writing the name, address and contact information of the party sending the notice of Claim; the facts and any other relevant information pertaining to the Claim; and the party’s proposed resolution as to the Claim. You must send any notice of Claim to IMAGE ONE CAMERA® as follows: IMAGE ONE CAMERA® Inc., 9590 Magnolia Ave, CALIFORNIA  92503, Attention: Arbitration Claim/Legal Department. IMAGE ONE CAMERA® will send any notice of Claim to you at the contact information that IMAGE ONE CAMERA® has for you.  You and IMAGE ONE CAMERA® agree to try to promptly resolve any Claim informally. In the event a Claim is not resolved within 60 days after either you or IMAGE ONE CAMERA® as the case may be, receives a notice of Claim from the other, you or IMAGE ONE CAMERA® can request arbitration. Notwithstanding the requirement to arbitrate all Claims, you may commence an individual Claim in small claims court in lieu of arbitration.

  1. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION BEFORE A JUDGE OR JURY. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In the event that you and IMAGE ONE CAMERA® do not resolve a Claim informally or in small claims court, the Claim shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.

The rules in arbitration are different.  There is no judge or jury, and review is limited, but an arbitrator may award the same damages and relief to you individually as a court could, as it must honor the same limitations stated in these Terms and Conditions of Use as a court would.  Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions of Use, the rules set forth in these Terms and Conditions of Use shall govern. If you decide to initiate arbitration, IMAGE ONE CAMERA® agrees to pay the arbitration initiation fee and any additional required deposit required by JAMS to initiate your arbitration. You and IMAGE ONE CAMERA® agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules.  Arbitration will be held at a location near your place of residence if possible, unless you and IMAGE ONE CAMERA® both agree to another location or to telephonic arbitration. To initiate arbitration, you or IMAGE ONE CAMERA® must do the following things:

    (1) Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

    (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS, 620 Eighth Ave., 34th Floor, CALIFORNIA , NY 10018.

    (3) Send one copy of the Demand for Arbitration to the other party. You should send the Demand for Arbitration to IMAGE ONE CAMERA® as follows: IMAGE ONE CAMERA® Inc., 9590 Magnolia Ave, CALIFORNIA  92503, Attention: Arbitration Claim/Legal Department. IMAGE ONE CAMERA® will send any Demand for Arbitration to you at the contact information that IMAGE ONE CAMERA® has for you.

Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor IMAGE ONE CAMERA® shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity, or in any other proceeding in which either you or IMAGE ONE CAMERA® proposes to act in a representative capacity.  THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.  Accordingly, you and IMAGE ONE CAMERA® agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitration.

13. CHOICE OF FORUM

You agree that any disputes, claims or controversies relating to the enforcement of any of IMAGE ONE CAMERA®  intellectual property rights including without limitation the Trademarks, shall be filed, and that venue shall exist only in the state or federal courts located in Suffolk County, CALIFORNIA , and that you consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such disputes, claims or controversies.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN CONSUMER PROTECTION NOTICE SECTION 16 BELOW.

14. LIMITED TIME TO FILE CLAIMS

You agree that you will assert any Claim within one (1) year after the Claim arises, or such Claim will be barred.

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.

15. ENFORCEABILITY, ENTIRE AGREEMENT

A. Enforceability

You agree that these Terms and Conditions of Use will be enforceable by us and our successors and assigns against you and your heirs, minors, successors, and assigns. You agree that if any provision within these Terms and Conditions of Use is found to be void or unenforceable, it will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable.

B. Entire Agreement

These Terms and Conditions of Use and any additions, changes, edits and/or revisions made thereto by IMAGE ONE CAMERA® , constitute the entire agreement between you and IMAGE ONE CAMERA® and supersede in their entirety any and all written or oral agreements previously existing between you and IMAGE ONE CAMERA® .

C. No Waiver

Neither these Terms and Conditions of Use nor any provisions hereof may be modified, waived, amended, supplemented or discharged except by a document in writing signed by IMAGE ONE CAMERA® , or as otherwise permitted herein. The failure to enforce at any time any of the provisions of these Terms and Conditions of Use shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of these Terms and Conditions of Use or the right thereafter to enforce one or more of the provisions thereof.  No waiver by either you or IMAGE ONE CAMERA® , whether expressed or implied, of any provision of these Terms and Conditions of Use and any additions, changes, edits and/or modifications made by IMAGE ONE CAMERA® , or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms and Conditions of Use.

16. CONSUMER PROTECTION NOTICE; EXCLUSIONS AND LIMITATIONS

IF YOU ARE A CONSUMER, THE PROVISIONS IN THESE TERMS AND CONDITIONS OF USE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR STATE OF RESIDENCE.  IF YOU ARE A CALIFORNIA  CONSUMER, THE TERMS OF SECTIONS 2, 7, 8, 11, 13 AND 14 DO NOT LIMIT OR WAIVE YOUR RIGHTS AS A CONSUMER UNDER CALIFORNIA STATE LAW AND THE PROVISIONS IN THESE TERMS AND CONDITIONS OF USE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF CALIFORNIA . IN ANY EVENT, IMAGE ONE CAMERA® RESERVES ALL RIGHTS, DEFENSES AND PERMISSIBLE LIMITATIONS UNDER THE LAW OF YOUR STATE OF RESIDENCE.  NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL MODIFY SUBSECTION 12.B. (“FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER”).

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