Please note: Purchase of this product requires acceptance of Imatest Terms and Conditions listed below. Please contact firstname.lastname@example.org with any questions.TERMS AND CONDITIONS
1. Any order (an "Order") issued by any person, organization or entity by whom the Order is placed (the "Purchaser") to purchase reports from Imatest LLC, a Colorado limited liability company ("Imatest") shall only be binding upon Imatest if a written acceptance (an "Acceptance") is generated and authorized by a representative of Imatest. Upon Imatest’s issuance of an Acceptance, such Order, together with these Terms and Conditions, shall constitute a binding contract between Purchaser and Imatest. If there are any conflicts or inconsistencies between the Order and these Terms and Conditions, these Terms and Conditions shall control. All Orders are expressly limited and made conditional upon acceptance by Purchaser of the Terms and Conditions without change. There shall be no understandings, agreements or obligations (outside these Terms and Conditions) unless specifically set forth in writing, and accepted by signature of an authorized representative of Imatest.
2. The reports, materials, information and/or services provided are provided "as is" and on an "as available" basis. Imatest and its employees and consultants make no express or implied warranties to Purchaser, and no affirmation by Imatest or its employees or consultants, by word or action, shall constitute such a warranty. The reports, materials, and/or information provided by Imatest or its employees or consultants may contain errors, problems or other limitations, and Imatest makes no warranty as to the accuracy, usefulness, completeness, currency or reliability of such reports, materials, and/or information so provided. The Purchaser is responsible for verifying such reports, material and/or information before relying on it. IMATEST AND ITS EMPLOYEES AND CONSULTANTS MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
3. The reports, materials and information provided are specific to the make, model, and instance of the camera-phone tested. This camera-phone was purchased from the general marketplace and may not be representative of other camera-phones with the same make and model. Test results may vary among other devices with the same make and model, and Imatest makes no claims that the test results provided here are representative of other cameras-phones having the same make and model.
4. The liability of Imatest to the Purchaser, including attorney’s fees awarded, shall not exceed an aggregate limit of the amount of any purchase price and fees paid to Imatest by the Purchaser, regardless of the legal theory under which liability is imposed.
5. IN NO EVENT WILL IMATEST BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUES, DELAY, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE REPORTS, MATERIALS, INFORMATION, AND/OR SERVICES PROVIDED EVEN IF IMATEST OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE REPORTS, MATERIALS, INFORMATION AND/OR SERVICES PROVIDED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO BUYER. IN SUCH STATES, IMATEST’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. All sales, use, excise, transportation, privilege, occupational, consumption, storage or other taxes which may be levied by any taxing authority as a result of the Order shall be paid by the Purchaser.
7. The reports, materials, information and/or services provided to the Purchaser in conjunction with the Order shall not be duplicated by Purchaser, disclosed to any third person, organization or entity by Purchaser or published by Purchaser, in each case in whole or in part. Purchaser agrees and acknowledges that Imatest may publish and disclose to any third person, organization or entity the reports, materials, information and/or services provided to the Purchaser in conjunction with the Order.
8. Any and all intellectual property rights associated with the reports, materials, information and/or services provided to the Purchaser in conjunction with the Order are the sole property of Imatest and is protected by copyright and other laws in both the United States and other countries.
9. The Purchaser shall not assign any of its rights or delegate any of its obligations under the Orders or these Terms and Conditions without prior written consent of Imatest. Imatest may assign its rights or delegate any of its obligations under the Orders or these Terms and Conditions at any time without notice to or consent of the Purchaser.
10. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such Term or Condition or any other Term or Condition.
11. To the fullest extent permitted by law, the Orders and these Terms and Conditions are made and entered into in the State of Colorado, and shall be interpreted in accordance with the laws thereof, excluding Colorado’s conflicts of laws principles.
12. Imatest and the Purchaser agree that the Federal and state courts in Colorado shall have exclusive jurisdiction over any dispute, claim, litigation or controversy of whatsoever nature arising out of or relating to the Orders or these Terms and Conditions and that venue for any suit, claim, action or proceeding arising out of or relating to the Orders and these Terms and Conditions will lie only in such courts.
13. Purchaser acknowledges that it has read these Terms and Conditions, understands these Terms and Conditions and agrees to be bound by these Terms and Conditions.
14. Purchaser agrees to indemnify, defend and hold harmless Imatest and its employees and consultants from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, from any violation of these Terms and Conditions by Purchaser or its employees or consultants.