Terms & Conditions

Welcome to our Web Site!

The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, the user acknowledges acceptance of these terms and conditions. The DigiCaptures Store reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, DigiCaptures reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the DigiCaptures Web Site, both now and in the future.

Definition Of Terms

The terms DigiCaptures Store, DigiCaptures, digicaptures, store, Al Andersen Photography LLC, LLC, or "us" or "we" refers to the owner of the Web Site whom you may contact by using the contact forms on the Web Site or by sending correspondence directly to P.O. Box 2436 Sierra Vista, Arizona, 85636. Al Andersen Photography LLC is an Arizona Limited Liability Company. The term "you" refers to the user or viewer of the Web Site.

Site Content

The content of the pages of this Web Site is for your general information and use only. DigiCaptures shall have the right, at its sole discretion, to modify, add, change, or remove any content contained on this Web Site without notice or liability to you or any other person. Any changes to site content shall be effective immediately following the posting of such changes on this Web Site.

Links To Other Web Sites

This Web Site may also include links to other Web Sites. These links are provided for your convenience and to provide further information. They do not signify that we endorse the Web Site(s). We have no responsibility for the content of the linked Web Site(s). When leaving this Web Site, please read the Web Site terms and the privacy policy applicable to such Web Site to ensure you understand and agree with the terms applicable to that Web Site.

Copyright And Trademarks

This Web Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this Web Site, which are not the property of, or licensed to the DigiCaptures, are acknowledged on the Web Site.

Misuse And Criminal Actions

Unauthorized use of this Web Site may give rise to a claim for damages and/or be a criminal offense. The site operator reports all such actions to the appropriate Federal authorities for possible prosecution.

Product Descriptions

DigiCaptures product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research. We strive to be accurate in our product descriptions, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot and do not guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, or current.

Product Color

Digicaptures attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using.

Pricing

All pricing is subject to change. For all prices, products and offers, DigiCaptures reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Order Processing

Our ordering system is provided in association with Zazzle.com. All order links on the DigiCaptures Store are linked directly to our store on Zazzle.com. You will be placing your order on Zazzle.com and Zazzle.com will process all Product orders placed by you on their site. Zazzle.com reserves the right to reject orders that do not comply with any requirements that Zazzle.com may establish periodically. Zazzle.com will be responsible for all aspects of order processing and fulfillment, including, among other things, order entry, payment processing, shipping, cancellations, returns, and related customer service. By placing your orders with Zazzle.com you are agreeing to Zazzle.com's terms and conditions and understand that the DigiCaptures Store is not responsible nor liable for any orders you place on or with Zazzle.com.

Manufacturers' Warranties

The only warranties that are made with regard to products and services purchased through DigiCaptures are those, if any, that are issued by the manufacturer or the provider of the service. If a manufacturer's or provider's warranty is provided to you with an item or service purchased, the terms of that warranty will govern the existence and scope of the manufacturer's warranty to you.

DISCLAIMER OF WARRANTIES

DIGICAPTURES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIGICAPTURES DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, DIGICAPTURES DISCLAIMS ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND DAMAGES

YOU AGREE THAT DIGICAPTURES WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THESE EXCLUSIONS SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

GENERAL DISCLAIMER

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AL ANDERSEN PHOTOGRAPHY LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

AL ANDERSEN PHOTOGRAPHY LLC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY DIGICAPTURES PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF AL ANDERSEN PHOTOGRAPHY LLC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law And Jurisdiction

Use of this site and any purchase of goods or services through this shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. USERS OF THIS SITE AGREE THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY DIGICAPTURES, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO ANY PORTION OF THE DIGICAPTURES WEB SITE THIS AGREEMENT, OR THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF THE DIGICAPTURES WEB SITE SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN COCHISE COUNTY, ARIZONA.

Complete Agreement

Except as expressly set forth within any separate notice contained in the DigiCaptures site or any other written agreement between you and DigiCaptures, these Terms and Conditions of Use constitute the entire agreement between you and DigiCaptures regarding the use of the DigiCaptures site and content. These Terms and Conditions of Use may be modified by DigiCaptures at any time, with or without advance notice. By your continued use of the DigiCaptures site, you agree to monitor these Terms and Conditions of Use for any changes, and that such changes will be binding upon you. None of these Terms and Conditions of Use may be waived except in a written instrument signed by an officer of Al Andersen Photography LLC. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition.

If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force and effect.

Owner And Operator Of the DigiCaptures Web Site

Al Andersen Photography LLC, an Arizona Limited Liability Company, is the owner and operator of the this Web Site. Unless otherwise specified, all contents of the DigiCaptures Web Site are © Al Andersen Photography LLC. All rights reserved. The web address, or URL, of the DigiCaptures Web Site is www.digicaptures.com. The mailing address for Al Andersen Photography LLC is P.O. Box 2436, Sierra Vista, AZ 85636, USA.