Terms of Service

Terms Of Service

 
Graphic + Promo Agreement
This Agreement for Services (“Agreement” or “Invoice”) is entered into based on the Estimate/Invoice date (“Effective Date”) by and between Exclusive Image, LLC (“Company”, “we” or “Developer”) and the Client shown on the Estimate/Invoice (“Client” or “you”). This Agreement is made with reference to the following facts:
  • Client is requesting assistance in graphic and/or promotional marketing services relating to Client’s business; and
  • Client desires to hire the Exclusive Image to perform certain tasks as set forth in this Agreement; and
  • Exclusive Image desires to enter into this Agreement to perform graphic and/or promotional marketing services and other related activities for the Client as set forth in this Agreement.
The parties agree as follows:
  1. SERVICES A description and schedule of services to be provided by Exclusive Image for each graphic and/or promotional marketing request referenced on the Estimate/Invoice.
  2. TERM
    • This Agreement will commence on Effective Date and will terminate when agreed-upon services have been fully rendered or thirty (30) calendar days after the graphic and/or promotional marketing are completed.
    • Either party may terminate Agreement upon other party’s breach or default of material terms of this Agreement. Non-defaulting party agrees to provide written notice to defaulting party prior to termination and allow ten (10) business days for defaulting party to cure the breach. Should defaulting party remain in breach of Agreement after ten (10) business days, non-defaulting party is entitled to terminate the Agreement immediately. If Client is non-defaulting party, Client will only be entitled to reimbursement for services not yet performed.
    • Notwithstanding the above, either party may terminate this Agreement upon fifteen (15) calendar days’ prior written notice for any reason. In the event of such termination, will be paid for any portion of the Services that have been performed prior to the termination.
    • Nevertheless subsection c. above, Exclusive Image may immediately terminate Agreement or deny service for any of the following reasons: Client’s graphic and/or promotional marketing is/are considered by Exclusive Image to be of a pornographic or obscene nature; Client’s graphic and/or promotional marketing contain(s) unethical materials, including, but not limited to, violations of privacy or harassment; Client’s graphic and/or promotional marketing is/are involved in Domain Name disputes; Client fails to pay for services as agreed (See Section 3. below); Client’s graphic and/or promotional marketing is/are soliciting or selling illegal services or products; Client interferes with or does not cooperate with Exclusive Image in performance of this Agreement; or any other reasons Exclusive Image finds for determining Client’s graphic and/or promotional marketing to be harmful, unethical or abusive.
  3. PRINTING AND/OR PROMOTIONAL Print and/or promotional prices are good for a specific length of time, usually 30 days. Depending on the preferred print and/or promotional vendor, the cost may increase by the time a Client wishes to order a project. For promotional items inventory (brands, colors, quantity, etc.) availability is subject to change and will be verified before placing an order. Following a request to reorder a project, a new Estimate will be issued before the reordering a project.
  4. COMPENSATION In consideration for the Services to be performed by Exclusive Image under this Agreement, Client agrees to compensate Exclusive Image as described in Invoice.
    • Exclusive Image will send an Invoice for each payment.
    • Payment is required upon issuance of Invoice. Payments are accepted via by credit card, or by check.
    • Additional charges for services beyond the scope of this Agreement will be assessed at an hourly rate based on rate at time of service (one hour minimum charge, rate will be disclosed prior to service).
    • Additional fees may apply for stock artwork exceeding $20.00, major changes in technical or design requirements as requested by the Client, or other unforeseen items not outlined in this Agreement. As additional costs may arise, discussion and notification of costs will be made to the Client before completion of any noted additional work is done. Client will pay for additional costs as they occur.
    • If outlined on the Invoice, the Client agrees to pay a deposit/percentage of project as noted. In some cases, the initial deposit/percentage is required in order for Exclusive Image to commence work on the project.
    • Project will be deemed “complete”, and final payment due, when Exclusive Image has fulfilled its obligations pursuant to the Invoice deliverables, regardless of whether Client chooses to use the graphic and/or promotional marketing item(s)
    • Exclusive Image will retain ownership of the graphic and/or promotional marketing item(s) until Client has paid in full. At that time, all right, title, and interest to the graphic and/or promotional marketing item(s) will vest in Client pursuant to Agreement for Services Section 5, “Ownership”.
    • If project is stalled, Client will be responsible for paying the percentage of work completed by Exclusive Image.
  5. CONFIDENTIALITY From time to time, the parties may provide confidential business and technical information to the other party in connection with the work to be performed by Exclusive Image under this Agreement. Such information will be designated as confidential upon the disclosure by the party. The parties will use reasonable efforts to prohibit any use or disclosure of the other party’s confidential information, except as necessary to perform work under this Agreement.
  6. OWNERSHIP
    • All materials, products, and modifications developed or prepared by Exclusive Image under this Agreement, including without limitation the graphic and/or promotional marketing item(s), images and text viewable on an item, are the property of Client and all right, title and interest therein will vest in Client when final payment is made after graphic and/or promotional marketing item(s) completion, and will be deemed to be a “work made for hire” under United States copyright law and made in the course of this Agreement.
    • To the best of Exclusive Image’s knowledge, all materials, including content and images, supplied by Exclusive Image do not infringe on the rights of any third party. Deliverables will be Exclusive Image’s original work.
  7. INDEPENDENT CONTRACTOR STATUS In performing services for Client pursuant to this Agreement, Exclusive Image will act in the capacity of an independent contractor. In addition, this Agreement is not a partnership or joint venture and neither party is the other’s agent, partner, employee, or representative.
  8. ASSIGNABILITY This Agreement is personal to Exclusive Image and may not be assigned by any act of Developer or by operation of law unless in connection with a transfer of substantially all the assets of Exclusive Image or with the consent of Client, which consent will not be unreasonably withheld. Exclusive Image reserves the right to assign contractors and/or subcontractors to any project to ensure on-time completion or the best services available to meet Client’s specifications.
  9. USE OF PHOTOGRAPHY AND/OR ARTWORK
    • Most of the images used in Exclusive Image’s site designs are obtained from stock photography sites where the original images are royalty-free purchase license, the cost of which is included in the total graphic and/or promotional marketing item(s) cost, up to $20.00 per project. Any imagery fees exceeding $20.00 will be billed to Client.
    • Use of any non-licensed imagery is the sole responsibility of Client. If Client provides images to Exclusive Image for use in Client’s site, Client assumes risk of liability for use of those images.
  10. PROMOTIONAL USE Exclusive Image reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.
  11. AGREEMENT BINDING ON SUCCESSORS This Agreement is binding on and will inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
  12. WAIVER Failure to invoke any right, condition, or covenant in this Agreement by either party does not imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure.
  13. MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
  14. COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together will constitute one single Agreement between the parties.
  15. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
  16. INDEMNIFICATION If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
    • Client agrees to indemnify and hold harmless Exclusive Image from any claim resulting from Client’s publication of any harmful or illegal materials or information.
    • Client agrees to defend, indemnify, save and hold Exclusive Image harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Exclusive Image’s development of Client’s graphic and/or promotional marketing item(s). This includes liabilities asserted against Exclusive Image, its subcontractors, agents, clients, servants, officers and employees, that may arise from any service provided or agreed to be provided or any product sold by Client, its agents, employees, or assigns.
    • Client also agrees to defend, indemnify and hold harmless Exclusive Image against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over Client’s graphic and/or promotional marketing item(s). This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
    • Client also agrees to defend, indemnify, save and hold harmless Exclusive Image from any action that involves malicious activity by a third party resulting in damage to Client’s graphic and/or promotional marketing item(s), reputation, goodwill or revenue. If Client’s graphic and/or promotional marketing item(s) is damaged, Exclusive Image will do everything in our power to rectify the situation, but we are not responsible for any damages or actions that may occur.
  17. LIMITATION OF LIABILITY Neither party will be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, or war, terrorist or military hostilities, and any payment or delivery date will be extended to the extent of any delay resulting from any force majeure event. In any event, Company’s liability to Client, if any, is limited to the fees paid under this Agreement.
  18. NOTICES Any notice required or permitted to be sent will be in writing to the addresses for each party provided in this Agreement.
  19. SURVIVAL Upon expiration or termination of this Agreement, the provisions of Sections 4, 5, 9, 10, and 14 – 22 shall survive.
  20. CHOICE OF LAW The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California.
  21. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Company and Client with respect to its subject matter, and supersedes all prior oral and written agreements, understandings, commitments and practices between the parties. No amendments to this Agreement may be made except in writing and signed by both parties.
  22. MEDIATION If a dispute arises out of or relating to any aspect of this Agreement between Client and Company, or the breach thereof, and if the dispute cannot be settled through negotiation, Company and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
  23. ARBITATION Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, will be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties will appoint one person to hear and determine the dispute. If the parties cannot agree, then the Superior Court of Santa Clara will choose an impartial arbitrator whose decision will be final and conclusive on all parties. Company and Client will each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties will bear their own legal fees and costs for all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and or any legal dispute will be Santa Clara County, California.By initialing below, Client and Company confirm that they have read and understand this section and voluntarily agree to binding arbitration. In doing so, Client and Company voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have an independent lawyer of Client’s choice review these arbitration provisions, and this entire agreement, prior to initialing this provision or signing this
  THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. IF MORE THAN ONE CLIENT SIGNS THE ESTIMATE/INVOICE, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.  
Website Agreement
This Agreement for Services (“Agreement” or “Invoice”) is entered into based on the Estimate/Invoice date (“Effective Date”) by and between Exclusive Image, LLC (“Company”, “we” or “Developer”) and the Client shown on the Estimate/Invoice (“Client” or “you”). This Agreement is made with reference to the following facts:
  • Client is requesting assistance in website and/or online marketing services relating to Client’s business; and
  • Client desires to hire the Exclusive Image to perform certain tasks as set forth in this Agreement; and
  • Exclusive Image desires to enter into this Agreement to perform website design and/or online marketing services and other related activities for the Client as set forth in this Agreement.
The parties agree as follows:
  1. SERVICES A description and schedule of services to be provided by Exclusive Image for each website is referenced on the Estimate/Invoice.
  2. TERM
    • This Agreement will commence on Effective Date and will terminate when agreed-upon services have been fully rendered or thirty (30) calendar days after the website is publicly launched, whichever is later, unless earlier terminated or further extended by either party.
    • Either party may terminate Agreement upon other party’s breach or default of material terms of this Agreement. Non-defaulting party agrees to provide written notice to defaulting party prior to termination and allow ten (10) business days for defaulting party to cure the breach. Should defaulting party remain in breach of Agreement after ten (10) business days, non-defaulting party is entitled to terminate the Agreement immediately. If Client is non-defaulting party, Client will only be entitled to reimbursement for services not yet performed.
    • Notwithstanding the above, either party may terminate this Agreement upon fifteen (15) calendar days’ prior written notice for any reason. In the event of such termination, will be paid for any portion of the Services that have been performed prior to the termination.
    • Nevertheless subsection c. above, Exclusive Image may immediately terminate Agreement or deny service for any of the following reasons: Client’s website(s) is/are considered by Exclusive Image to be of a pornographic or obscene nature; Client’s website(s) contain(s) unethical materials, including, but not limited to, violations of privacy or harassment; Client’s website(s) is/are involved in Domain Name disputes; Client fails to pay for services as agreed (See Section 3. below); Client’s website(s) is/are soliciting or selling illegal services or products; Client interferes with or does not cooperate with Exclusive Image in performance of this Agreement; or any other reasons Exclusive Image finds for determining Client’s website to be harmful, unethical or abusive.
  3. COMPENSATION In consideration for the Services to be performed by Exclusive Image under this Agreement, Client agrees to compensate Exclusive Image as described in Invoice.
    • Exclusive Image will send an Invoice for each payment.
    • Payment is required upon issuance of Invoice. Payments are accepted via by credit card, or by check.
    • Additional charges for services beyond the scope of this Agreement will be assessed at an hourly rate based on rate at time of service (one hour minimum charge, rate will be disclosed prior to service).
    • Additional fees may apply for stock artwork exceeding $20.00, major changes in technical or design requirements as requested by the Client, or other unforeseen items not outlined in this Agreement. As additional costs may arise, discussion and notification of costs will be made to the Client before completion of any noted additional work is done. Client will pay for additional costs as they occur.
    • If outlined on the Invoice, the Client agrees to pay a deposit/percentage of project as noted. In some cases, the initial deposit/percentage is required in order for Exclusive Image to commence work on the project.
    • Project will be deemed “complete”, and final payment due, when Exclusive Image has fulfilled its obligations pursuant to the Invoice deliverables, regardless of whether Client chooses to launch the website.
    • Exclusive Image will retain ownership of the website until Client has paid in full. At that time, all right, title, and interest to the website will vest in Client pursuant to Agreement for Services Section 5, “Ownership”.
    • If project is stalled, Client will be responsible for paying the percentage of work completed by Exclusive Image.
  4. CONFIDENTIALITY From time to time, the parties may provide confidential business and technical information to the other party in connection with the work to be performed by Exclusive Image under this Agreement. Such information will be designated as confidential upon the disclosure by the party. The parties will use reasonable efforts to prohibit any use or disclosure of the other party’s confidential information, except as necessary to perform work under this Agreement.
  5. OWNERSHIP
    • All materials, products, and modifications developed or prepared by Exclusive Image under this Agreement, including without limitation the website, forms, images and text viewable on the internet, any HTML elements relating to the website and any updates to the website, are the property of Client and all right, title and interest therein will vest in Client when final payment is made after website launch, and will be deemed to be a “work made for hire” under United States copyright law and made in the course of this Agreement.
    • To the best of Exclusive Image’s knowledge, all materials, including content and images, supplied by Exclusive Image do not infringe on the rights of any third party. Deliverables will be Exclusive Image’s original work.
  6. INDEPENDENT CONTRACTOR STATUS In performing services for Client pursuant to this Agreement, Exclusive Image will act in the capacity of an independent contractor. In addition, this Agreement is not a partnership or joint venture and neither party is the other’s agent, partner, employee, or representative.
  7. ASSIGNABILITY This Agreement is personal to Exclusive Image and may not be assigned by any act of Developer or by operation of law unless in connection with a transfer of substantially all the assets of Exclusive Image or with the consent of Client, which consent will not be unreasonably withheld. Exclusive Image reserves the right to assign contractors and/or subcontractors to any project to ensure on-time completion or the best services available to meet Client’s specifications.
  8. THIRD-PARTY OR CLIENT PAGE MODIFICATION Client agrees to not make any changes to website unless mutually agreed upon by the parties to this Agreement until the end of the term of this Agreement. Client may desire to independently edit or update webpage after completion of this Agreement. In that event, Exclusive Image is not responsible for any damage caused to the web pages by Client or any third party. Any necessary repairs will be assessed at an hourly rate based on rate at time of service (one hour minimum charge, rate will be disclosed prior to service).
  9. NO GUARANTEE
    • Exclusive Image’s performance does not guarantee rankings on any search engine for organic results, nor can it guarantee actual business growth or income as a result thereof.
    • Exclusive Image does not warrant the functions of Client’s website(s) will meet Client’s expectations for site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Proof reading of the website for accuracy and content is the Client’s responsibility. In no event will Exclusive Image be liable to Client or Client’s customers, vendors, agents, successors or assigns.
    • Exclusive Image is not responsible for occasional downtime of email or website(s) due to online interruptions and/or other circumstances. Exclusive Image is also not responsible for hacking or other malicious activity to Client’s website by a third party.
  10. USE OF PHOTOGRAPHY AND/OR ARTWORK
    • Most of the images used in Exclusive Image’s site designs are obtained from stock photography sites where the original images are royalty-free purchase license, the cost of which is included in the total website cost, up to $20.00 per project. Any imagery fees exceeding $20.00 will be billed to Client.
    • Use of any non-licensed imagery is the sole responsibility of Client. If Client provides images to Exclusive Image for use in Client’s site, Client assumes risk of liability for use of those images.
  11. PROMOTIONAL USE Exclusive Image reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.
  12. AGREEMENT BINDING ON SUCCESSORS This Agreement is binding on and will inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
  13. WAIVER Failure to invoke any right, condition, or covenant in this Agreement by either party does not imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure.
  14. MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
  15. COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together will constitute one single Agreement between the parties.
  16. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
  17. INDEMNIFICATION If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
    • Client agrees to indemnify and hold harmless Exclusive Image from any claim resulting from Client’s publication of any harmful or illegal materials or information.
    • Client agrees to defend, indemnify, save and hold Exclusive Image harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Exclusive Image’s development of Client’s website(s). This includes liabilities asserted against Exclusive Image, its subcontractors, agents, clients, servants, officers and employees, that may arise from any service provided or agreed to be provided or any product sold by Client, its agents, employees, or assigns.
    • Client also agrees to defend, indemnify and hold harmless Exclusive Image against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over Client’s website(s). This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
    • Client also agrees to defend, indemnify, save and hold harmless Exclusive Image from any action that involves hacking or other malicious activity by a third party resulting in damage to Client’s website, reputation, goodwill or revenue. If Client’s website is hacked, Exclusive Image will do everything in our power to rectify the situation, but we are not responsible for any damages or actions that may occur.
  18. LIMITATION OF LIABILITY Neither party will be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, or war, terrorist or military hostilities, and any payment or delivery date will be extended to the extent of any delay resulting from any force majeure event. In any event, Company’s liability to Client, if any, is limited to the fees paid under this Agreement.
  19. NOTICES Any notice required or permitted to be sent will be in writing to the addresses for each party provided in this Agreement.
  20. SURVIVAL Upon expiration or termination of this Agreement, the provisions of Sections 4, 5, 9, 10, and 14 – 22 shall survive.
  21. CHOICE OF LAW The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California.
  22. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Company and Client with respect to its subject matter, and supersedes all prior oral and written agreements, understandings, commitments and practices between the parties. No amendments to this Agreement may be made except in writing and signed by both parties.
  23. MEDIATION If a dispute arises out of or relating to any aspect of this Agreement between Client and Company, or the breach thereof, and if the dispute cannot be settled through negotiation, Company and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
  24. ARBITATION Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, will be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties will appoint one person to hear and determine the dispute. If the parties cannot agree, then the Superior Court of Santa Clara will choose an impartial arbitrator whose decision will be final and conclusive on all parties. Company and Client will each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties will bear their own legal fees and costs for all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and or any legal dispute will be Santa Clara County, California.By initialing below, Client and Company confirm that they have read and understand this section and voluntarily agree to binding arbitration. In doing so, Client and Company voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have an independent lawyer of Client’s choice review these arbitration provisions, and this entire agreement, prior to initialing this provision or signing this Agreement.
  THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. IF MORE THAN ONE CLIENT SIGNS THE ESTIMATE/INVOICE, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.  
Privacy Policy and Terms of Service
These Terms (“Agreement”) is related to Exclusive Image, LLC ("Exclusive Image", “Company”, “we” or “Developer”) and the person (“Client” or “you”) visiting this website. Licensed and Certified Business Exclusive Image, LLC. San Jose, California, USA Certified State of California, Department of General Services Small Business Vendor 2002-2017
Privacy Policy
Exclusive Image is committed to protecting your privacy. The information that we collect about you is used for the purposes of enhancing your experience while using this web site. The information you give us at time of a "Make A Request" is used to evaluate your request for service. Exclusive Image may also use the information occasionally to notify you by email, telephone, or mail about important offers Exclusive Image may be featuring. Exclusive Image does not sell, trade, or rent your personal information to others. Exclusive Image may provide aggregate statistics about our sales, traffic patterns and related site information to trustworthy third parties, but these statistics will include no personally identifying information.
Privacy and Confidentiality
(a) Clients may from time to time communicate to Exclusive Image proprietary, confidential or other information to enable Exclusive Image to perform their services. Exclusive Image will treat all such information as confidential, and will take all reasonable precautions not to disclose any such information to any person outside of Exclusive Image organization without the consent of the Client, including, but not limited to, all precautions taken by the Developer to safeguard the confidentiality of its own proprietary and confidential business information. Exclusive Image will also limit the use of distribution of such information within Exclusive Image to the extent necessary and appropriate to perform the services. (b) [Exceptions] The foregoing obligation of confidentiality will not apply to information which is (i) in the public domain or comes into the public domain through no fault of Exclusive Image; (ii) known to Exclusive Image before disclosure or subsequently independently developed by Exclusive Image without use of or reference to such information; (iii) disclosed to Exclusive Image by a third person under no obligation of confidentiality to Client; or (iv) required by any governmental authority to ensure compliance with laws, rules or regulations, in which case Exclusive Image will provide advance notice to Client of the need for the disclosure and will not disclose absent consent from the Client, except to the extent required by law, legal process or regulatory authority having jurisdiction over Exclusive Image.
Copyright
All website materials, including, without limitation, design, text, graphics, other files, including the selection and arrangement thereof are Copyright © 2002-2016. ALL RIGHTS RESERVED. You may electronically copy and print hard copy portions of this web site for informational and non-commercial, personal use only. Any other use of the materials in this website - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Exclusive Image - is strictly prohibited.
Trademark
Exclusive Image trade names, trademarks, logos and service marks belong to Exclusive Image. All other trade names, trademarks, logos or service marks mentioned herein belong to their respective owners.
Software
Software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this web site is licensed to you by Exclusive Image on a non-exclusive and limited basis. Exclusive Image shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Hyperlink
You are granted a limited, non-exclusive right to create a hypertext link to this web site, provided such link does not portray exclusiveimage.net or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Exclusive Image trade name, logo or other proprietary information, including the images found at this web site, the content of any text or the layout/design of any page, or form contained on a page without Exclusive Image’s express written consent. exclusiveimage.net makes no claim or representation regarding, the quality, content, nature or reliability of web sites accessible by hyperlink from this web site, or web sites linking to this web site.
Disclaimer
This web site is provided on an “As Is” basis without warranties of any kind, either expressed or implied. Exclusive Image does not warrant that the material in this web site is accurate, complete, reliable, current, or error-free. Any material presented on this page is not permanent and is subject to change at any time.
Exclusive Image controls the sites from its offices in California. You agree that any legal action, proceeding or other matters relating to your access to or use of the materials or the sites shall be governed by US Federal law or the laws of the State of California. In the event of any legal action arising, you also agree to submit the jurisdiction and venue of any federal or state courts in the California area.
The content displayed on this web site is produced by Exclusive Image, however not all the content designs are original to Exclusive Image. Some promotional items shown are based on information provided by third-party suppliers.
Download
Without prior consent and documentation, you may not access, download, use or export the materials in violation of the US export laws or regulations or in violation or any applicable local laws or regulations.
Limitation of Liability
In no event does Exclusive Image resume liability for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data whether in an action in contract, or otherwise. Including no responsibility in any way described above while connected with the use if this web site or the material connected in, or accessed through this site.
Google AdSense
Exclusive Image neither endorses nor recommends any of the postings shown on the Home page and it is up to the user to discern any purchase or service. Verified Merchant
Intuit PaymentNetwork
PaymentNetwork expanded fast and now offers several ways to get paid: through QuickBooks invoice links, by credit card, ecommerce buttons, custom web links, and more. Even after all these years, PaymentNetwork remains committed to bringing low-cost payments to small businesses. You work hard for your money, and we work hard to help you succeed.
PayPal
PayPal is a service that enables you to pay, send money, and accept payments without revealing your financial details. *What it means to be verified. To become Verified, a member in the United States must provide us with proof that he or she has opened an account at a bank or other financial institution. Because these institutions are required by law to screen account holders, Credit Card Merchants verification process increases security when you pay parties you do not know. Please note that Credit Card Merchant verification system does not constitute an endorsement of a member, nor a guarantee of a member's business practices. You should always consider other indicators when evaluating members, including length of Credit Card Merchant membership and reputation scores (on eBay or other auction sites, if applicable). Exclusive Image's account creation date is, June 30, 2007.
CAN-SPAM Act
http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
Consulting Exclusive Image neither endorses nor take responsibility for any services offered by Constant Contact ® or MailChimp ®. Exclusive Image is an independent consultant, with no affiliation with Constant Contact ® or MailChimp ®.
Browser Recommendation
All major desktop, smartphone and tablet device Internet browsers are supported: Apple SafariFireFox, Google Chrome, Internet Explorer and Opera. If a browser needs an update, please refer to the appropriate browser provider.