1. Delivery shall be F.O.B. TapSnap’s U.S. or Canadian warehouse, and is subject to and contingent upon strikes, labor difficulties, fire, storm delay or defaults of common carriers, failure or curtailment in TapSnap’s usual source of supply, government decrees or orders, or any other delays beyond TapSnap’s reasonable control, and TapSnap shall not be liable for any loss or damage arising therefrom. If TapSnap cannot fulfill the order subject to the terms of this Agreement, the purchase price will be refunded in full. Title to the product and/or goods shall not pass to the Buyer until total due is received in full. Products and/or goods purchased are for a business purpose.
2. TapSnap will provide a warranty on equipment purchased by Buyer from TapSnap. The obligation with respect to such equipment shall be limited to replacement F.O.B. TapSnap warehouse, and in no event shall TapSnap be liable for consequential or special damages, for transportation in connection with such equipment or parts. This warranty is expressly made in lieu of all other warranties expressed or implied, including the warranties of merchantability and fitness.
3. TapSnap will not be liable for any failure or delay in performance due in whole or in part to any cause beyond TapSnap’s control, or subsequent to delivery from TapSnap to Buyer.
4. In no event will TapSnap be liable for any damages, whether indirect, special, or consequential or otherwise arising out of this Agreement or the use of any equipment, programs, documentation and services pursuant to this Agreement.
5. The Buyer is responsible for providing all facilities, equipment and labor necessary for the installation and operation of the equipment, including operational space, electrical power and wireless Internet connection.
6. Telephone and email technical support is available during business hours at no additional cost. Emergency after hours support is available is at a rate of $50/incident outside of standard business hours. All technical support will be limited to products purchased directly from TapSnap. Price for after hours support is subject to change with 30 days notice.
7. Any intellectual property, marketing materials and operational information provided by TapSnap remain the property of TapSnap and are licensed to the Buyer for its sole use, for the limited purpose and within the context of operating the equipment or services described in, and may not be used outside the scope of this license.
8. The components to be supplied by TapSnap pursuant to this Agreement do not infringe upon any trademark, copyright, patent, trade secret or other intellectual property right of any third party. Buyer represents and warrants that it will not use TapSnap components in any fashion, method or combination with other products which infringes or may infringe upon a trademark, copyright, patent, trade secret or other intellectual property right of TapSnap or any third-party. Buyer, at its cost, will indemnify, defend and hold TapSnap harmless from any expenses, damages and costs, including attorney’s fees, arising from or incurred as a result of any claim or contention by a third party that Buyer’s use or application of the components manufactured by TapSnap has caused injury or damages by way of infringement or in any other way upon such third party.
9. Buyer understands and acknowledges that there is a degree of risk in any business venture, and that their individual success as an owner/operator of a TapSnap photo booth will be determined by many factors, including but not limited to their business acumen, individual effort, business contacts, and relevant business experience. Seller does not warrant or represent that any profits or specific amount of revenue will be generated from the purchase and operation of TapSnap photo booths.
10. The relationship between TapSnap and Buyer is that of supplier and customer. Buyer will operate and market their photo booth under their own distinct brand, and are not authorized to use the TapSnap name and/or logos, TapSnap Studio name and/or logos, Photo Booth Pro name and/or logos, Luna name and/or logos, SnapBack name and/or logos, SnapCast name and/or logos, SnapBack name and/or logos, or any variation thereof in any marketing materials or in the promotion of their business or services whatsoever. In the event that Buyer decides to sell their TapSnap photo booths Buyer will communicate the aforementioned requirements to any potential purchaser of their TapSnap photo booths.
11. Buyer understands and acknowledges that although TapSnap may offer assistance with graphic design or website design, unless otherwise agreed to in writing, Buyer is ultimately responsible for creating their own brochures, event graphics, website and logo.
12. Buyer understands and acknowledges that with 60 days notice to Buyer, monthly or annual software license fees may be increased by a maximum of 10% per year.
13. Buyer understands and acknowledges that TapSnap Photo Booth software is licensed to them individually and is not transferable to another individual or business under any circumstances.
14. Buyer understands, acknowledges and accepts that should the Buyer sell their TapSnap photo booths that TapSnap reserves the right to withhold access to TapSnap servers, photo booth software, and support and to charge a setup fee, or training fee. If Buyer is dissatisfied with their photo booth purchase for any reason they may return it to TapSnap within 14 days of the purchase date, subject to the following conditions and exclusions. All items must be in new condition, in their original packaging, and include all parts and accessories. Photo booths that have been used at an event, have captured more than 50 photos, or were discounted as a “Final Sale” product are unreturnable. Refunds will be issued within 5 – 7 days following an inspection of the returned item. Photo booths with damaged or missing parts will be subject to a restocking fee. Shipping fees are non-refundable and are the responsibility of the Buyer. Products can only be returned after a return merchandise authorization has been requested and granted.
15. This Agreement is intended by the parties as a complete and final expression of the entire agreement between the parties and as a complete and exclusive statement of its terms. Buyer agrees that it is not relying upon any verbal or written representation whatsoever, except as expressly set forth in this Agreement. This Agreement can only be modified in writing, signed by the parties, or their duly authorized agents.
16. Any dispute under this Agreement shall be settled by arbitration before a single arbitrator selected by the parties, using rules and procedures of the American Arbitration Association. Judgment on the award of the arbitrator may be entered in any Court of competent jurisdiction. Interpretation of this Agreement shall be determined by the laws of British Columbia. Exclusive venue for the resolution of disputes shall be Vancouver, British Columbia. Should Buyer file a lawsuit in an effort to avoid or circumvent arbitration hereunder, Buyer shall be responsible for all attorneys’ fees and expenses incurred by TapSnap in obtaining a dismissal, stay, remand, or transfer of that lawsuit by any court of competent jurisdiction