1. Your Contract with Us:
Your purchase and use of products on Pictavo Buy The Yearbook and affiliated sites
(the "Websites") is governed by these Terms of Sale, which
supplement the Terms of Use and Privacy Policy (together, the "Agreement"
or the "Contract").
In these Terms of Sale, the term "you" means you the customer;
and the terms, "CGC","We","Us"
and "Our" means Corporate
Graphics Commercial, Inc. d/b/a Walter's Publishing.
2. Pricing:
The price payable by you (the "Price") is the price shown in
the checkout page. Prices offered
on the Websites are stated in U.S. Dollars. Such prices may not include
shipping and handling, expedited service, or sales taxes, if applicable, which
may be added to your total invoice price. You are responsible for any shipping
and handling charges and state and local sales or use taxes that may apply to
your order.
3. Payment:
You must pay for your products and/or services by valid credit card on our Websites.
4. Product
Description:
We
attempt to describe the items offered on the Websites as accurately as
possible; however, we do not warrant that the descriptions or other content on
the Websites are accurate, complete, reliable, current or error-free.
5. Our Liability to You:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES
THAT YOU PURCHASE ON THE WEBSITES ARE PROVIDED TO YOU "AS IS," AND YOUR USE IS
AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER
EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CGC NOR ITS
LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS,
COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION
ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE
WEBSITES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT,
STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CGC'S AGGREGATE
LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR
THE APPLICABLE PRODUCTS OR SERVICES.
6. Electronic Contracting:
You acknowledge and agree that by clicking the 'OK' or 'PURCHASE' (or similar)
button when you place your order, you are placing a legally binding
offer. You consent to: (i) the use of electronic communications in order
to enter into contracts and place orders with us; and (ii) the electronic
delivery of notices, policies and records of transactions initiated or
completed by you online. You have the right to withdraw this consent, but
if you do, we may cancel your access to our products and services. If you
do not consent to receive any notices electronically, you must stop using our
Websites. We may amend these Terms of Sale at any time by posting them on our
Websites. You agree to review them each time you make a purchase.
7. Indemnification:
YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CGC FROM AND AGAINST
ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES,
ARISING FROM OR RELATED TO YOUR USE OF ANY PRODUCTS PURCHASED VIA THE SITE.
8. Governing Law:
This Agreement shall be deemed to have been negotiated, made and entered into
in the State of Minnesota and any and all performance hereunder, or breach
hereof, shall be interpreted, governed and construed pursuant to the laws of
the State of Minnesota without reference to choice of law provisions. You and CGC hereby acknowledge and
consent to personal jurisdiction and venue exclusively in Nicollet County,
Minnesota. You agree that the UN
Convention on Contracts for the International Sale of Goods (Vienna, 1980)
shall not apply to the Terms of Sale or to any dispute or transaction arising
out of the Terms of Sale.