USER AGREEMENT AND DISCLAIMER

Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of The Shutterbug inc. If you do not agree to any term or condition, you should not use this site.

This web site and all of its content, including but not limited to the text and images used herein and their arrangement, are copyright © 1999-2005 The Shutterbug inc. No permission is granted for use of the materials, information, text or graphics, and/or to hyperlink other Web Sites with this Web Site, or to use the materials on a Web Site in any way or for any reason without prior specific authorization from The Shutterbug, Inc.

The Shutterbug, theshutterbugonline.com and The Shutterbug inc. and all products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. The Shutterbug, Inc. does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever.

The Shutterbug may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. The Shutterbug inc does not operate or control in any respect any information, products or services available on these third party sites and The Shutterbug is not responsible for their content. The Shutterbug inc. makes no representations whatsoever concerning the content of these sites and the fact that The Shutterbug inc. has provided a link to such sites is not an endorsement, authorization, sponsorship, or affiliation by The Shutterbug inc. with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk. There are certain risks in using any information, software, or products found on the Internet; and The Shutterbug inc. cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. By visiting theshutterbugonline.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and theshutterbugonline.com.

DISCLAIMER


THIS SITE IS PROVIDED BY THE SHUTTERBUG INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SHUTTERBUG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHUTTERBUG INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SHUTTERBUG DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SHUTTERBUG INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SHUTTERBUG INC.WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notwithstanding the above, in no event shall The Shutterbug inc’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to The Shutterbug inc. by you in connection with the transaction claimed by you to give rise to your claim.

All personal data posted or transmitted to The Shutterbug inc. over the internet, as per instruction when placing an order, logging in or registering, such as name, address and contact information, will remain confidential and private. Any communication submitted to The Shutterbug inc. regarding products and experiences, or e-mail messages, will be treated as non-confidential and non-proprietary and will forever be the sole property of The Shutterbug inc. By transmitting or posting any such communication or material to this company or to this site you agree that The Shutterbug inc. or its subsidiaries may use your communication or material for any purpose, including but not limited to reproduction, distribution, transmission, publication, broadcast, advertising or posting, and you agree that The Shutterbug inc. or its licensees will not be liable to you for its use of any such communication or material. The Shutterbug inc. shall be free to use or authorize the use of any ideas, concepts, know-how or techniques contained in such communication or material for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information in perpetuity. Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Do not post copyrighted material of which you are not the owner or licensee.

You acknowledge that you are solely responsible for whatever material or communication you submit to this Web Site, and you, not The Shutterbug inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

These terms are governed and construed by the laws of the State of Oregon without regard to its conflict of law rules. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect.

The Shutterbug inc. or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. The Shutterbug inc. may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site. This agreement constitutes the entire Agreement between you and The Shutterbug inc. and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of The Shutterbug inc.

Despite our efforts to ensure that the information on theshutterbugonline.com is accurate, complete and current, there may be instances when information about a product contains inaccurate or incomplete data, including data about the product's price or availability. We make no warranty or guarantee that the information on theshutterbugonline.com is error-free, complete, or current, or in stock. We reserve the right to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.

If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to webmaster@theshutterbugonline.com.