PLEASE READ THIS
SERVICES AGREEMENT. AT THE END OF THIS
DOCUMENT YOU CAN AGREE TO THE TERMS AND BE DIRECTED
TO THE ORDER FORM.
NOW
THEREFORE, in consideration of the
premises and mutual covenants contained herein, and other good and
valuable consideration the sufficiences of which is hereby
acknowledged, the
company and customer covenant and agree as follows:
1.
Services &
Payment. Customer shall provide company with one (1) original
vinyl phono record or cassette ("Original"), of which customer is the
lawful owner. Company shall provide digital restoration services (the
"Services") and provide customer with one (1) digital copy ("Copy") for
the sole purpose of the customer's personal use.
2.
Customer
Warranties. Customer hereby represents and warrants to company
that: 1) customer is the sole and exclusive owner of the Original
submitted to Company for restoration; 2) Customer is providing the
Original for the sole and exclusive purpose of creating an archival
copy for personal use and enjoyment 3) Customer shall not copy,
publish, perform, distribute, licence or make derivative works from the
copy.
3.
Indemnity.
Customer agrees to indemnify and hold Company, it's directors,
officers, agents and assigns harmless from and against any and all
liabilities, claims, costs, assesments, fees or expenses of any kind,
including without limitation defense costs and reasonable
attorney's fees arrising from or related in any way to: (i) materials
submitted by Customer to Company; (ii) any claim which, if proved,
would breach any representation Customer has made herein; and (iii) any
and all third party claims arrising out of any content or materials
submitted by Customer or transmitted through Company's internet website
by Customer.
4.
Termination. This Agreement is effective as of the
Effective Date and shall continue in effect until the services
are completed. Either party may terminate this Agreement at any
time upon notice. If this Agreement is terminated by Customer prior to
completion of the services, Company shall discontinue the Services and
return the original.
5.
Limitation of
liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE COPY OR THE ORIGINAL, EVEN
IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR
COMPANY'S SERVICES.
6.
Miscellaneous. This Agreement shall be governed by
and construed in accordance with the laws of the state of Illinois. The
parties agree that any action at law or in equity arising out of or
relating to this agreement shall be litigated only in the state or
federal courts located in Cook County, Illinois and the parties hereby
consent and submit to the personal juristiction of such courts for the
purposes of litigating any such action. 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. No waiver of any term or condition of this agreement shall
be valid or binding on either party unless the same shall have been set
forth in a written document, specifically refering to this Agreement
and duly signed by such party. The falilure of either party to enforce
at any time any of the provisions of this Agreement shall in no way be
construed to be a present or future waiver of such provisions, nor in
any way affect the ability of either party to enforce each and every
provision thereafter.
AGREED
AND
ACCEPTED
DISAGREE