1. Services.
‍
We will provide our services in digitizing photographic, film or video content provided by you (“Your Content”), and other services you may request, as detailed on the Order Sheet (the “Services”), and delivering the results of the Services (the “Deliverables”). If we determine that we cannot perform some or all of the Services for any reason, including due to the fragile or poor condition of Your Content, we will refund any Service Fees (as defined below) you have already paid. We will endeavor to deliver the Deliverables by the target delivery time stated on the Order Sheet or as you and we might otherwise agree, but we do not guarantee that the target delivery time will be met.

2. Your Content.
‍
Solely that we may provide the Services and deliver the Deliverables, you hereby grant to us a limited, non-exclusive, royalty-free license to copy and make derivative works of Your Content. You retain all rights, including copyright, in Your Content. We will not use Your Content for marketing purposes without your express written permission. Use of Your Content will be solely to perform the Services of this contract and we will not share Your Content with any outside parties at any time for any reason. You represent and warrant that you have all rights necessary to submit Your Content to us and to grant us this license, and that our provision of the Services will not violate the rights, including copyrights, of any third party. SCAN5 reserves the right to reference names or logos of clients in marketing if they are institutions.

3. Service Fees.
‍
You agree to pay the fees for the Services as set forth on the estimate and/or invoice. The Service Fees may be subject to increase or decrease if you request additional services, we determine that Your Content type and/or size is different than initially estimated, or if the actual shipping/delivery charges are higher than estimated. We will notify you of any significant Service Fee increase. If you do not agree to the increased Service Fees, you may terminate this Agreement and we will return Your Content and refund any Service Fees already paid. SCAN5 reserves the right to charge additional fees when clients do not complete any of the following: complete the consultation after we receive your items by mail or courier, pay required deposits or remaining balances, and pick-up completed orders. Please note that your credit card will be kept on file and your final balance will be charged upon completion. No sales tax is applied to services. A 3% fee applies to credit card payments. If you do not approve your project estimate and pay your deposit within 10 business days of initial drop off/delivery, or do not pick up your project within 10 business days of being notified of completion, we may ship your contents back to you without permission and charge you related shipping and handling fees. If your items are too large, numerous and/or heavy to be reasonably shipped, we reserve the right to move your items to our off-site storage unit and charge monthly storage fees based on the size of your items. You can contact us directly to schedule a time for you or a courier to collect your items from our storage unit located at 2757 N Clybourn Ave, Chicago, IL 60614. If you do not collect your items from our storage unit and we are unable to bill your credit card on file and you do not respond to our request for new payment details, we may dispose of your items at our discretion.

4. Shipping.

We will not be liable for, and do not warranty or guarantee against, the misdirection, loss, or theft of, or damage to, Your Content or the Deliverables, or any other materials, while they are in transit through or in possession or under the control of any third party carrier in connection with shipment by you to us or by us to you. Due to the nature of Your Content, insurance is unavailable for the shipping or handling of your order. You have the option to pick up your Deliverables directly from us upon completion. If you fail to pick up your Deliverables within 10 days of our notice to you that they are complete, we may ship your items back to you without your permission. On your request, we will ship your Deliverables to the address you provide by the carrier of our choosing and at your expense.

5. Limited Remedy for Loss of Your Content. - REMOVE DAMAGE PAYOUT - LOSS ONLY

We assume the risk of loss of or damage to Your Content only from the time that we actually receive it until the time that we deliver it and/or the Deliverables to a third party carrier for transport or a third party service provider who will provide additional services. We do not assume such risk of loss of or damage to Your Content, if, after receiving Your Content from any third party carrier, we discover that any or all of Your Content is damaged or lost. If Your Content is lost or damaged while it is in our sole custody and control, your sole and complete remedy for any such loss or damage is our payment to you in the amount of up to one thousand dollars ($1,000) (the “Safe Handling Guarantee”).

6. Limited Warranty.
‍
We make no warranty or guarantee with respect to the quality of the Deliverables. You acknowledge that because of the quality loss that often occurs during the digitization process, the quality of the Deliverables may not be as good as the materials you provide to us. Notwithstanding the foregoing, if you have any concerns regarding the Deliverables that do not relate to quality loss and you communicate your concerns to us within thirty (30) days of receiving the Deliverables, we will use commercially reasonable efforts to resolve the matter. If we are unable to resolve the matter, your sole and exclusive remedy will be a refund of the Service Fees. WE DISCLAIM ALL RESPONSIBILITY FOR, AND THIS LIMITED WARRANTY DOES NOT APPLY TO, ANY ISSUES COMMUNICATED TO US FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.

7. Disclaimer; Limitation of Liability.
‍
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE SAFE HANDLING GUARANTEE, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE QUALITY OF THE SERVICES OR DELIVERABLES, WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL WE BE LIABLE FOR THE ACTIONS OF ANY THIRD PARTY WHOM WE ENGAGE AT YOU REQUEST TO PROVIDE ADDITIONAL SERVICES.

Welcome to the SCAN5.com website.  The following terms and conditions (“Terms of Use”) govern access to and use of our website located at HTTPS://scan5.com (the “Site”) and the services offered by SCAN5 in connection with the Site (“Service”).  The Service is made available by SCAN5, (“us,” “we,” or “SCAN5”).  Please review these Terms of Use carefully.  By accessing or using the Site you (“you”) agree to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Site or the Service.  SCAN5 also may make changes to these Terms of Use, which will be posted to this page and will become effective immediately upon posting.  For this reason, we urge you to read these Terms of Use each time you visit our Site.

CONSENT TO CONTACT

By providing your telephone number(s) and submitting this form, you expressly consent to receive telephone calls and SMS messages, including pre-recorded voice messages and/or calls delivered using an automatic dialing system, from SCAN5 regarding our services and products. You understand that this consent is not a condition of purchase or receipt of services. You agree that these calls and messages may be regarding the services and products you inquired about, as well as other services and products we believe may be of interest to you. Further, you acknowledge that calls to SCAN5 and calls made by SCAN5 may be made on a recorded line for quality and training purposes. Any phone numbers collected by SCAN5 will not be shared for marketing purposes.

You acknowledge that your consent allows us to follow up with you in accordance with the Telephone Consumer Protection Act (TCPA) and other applicable regulations.

‍Opt-Out

‍You have the right to withdraw your consent to receive such calls at any time by any reasonable means, including but not limited to, informing us during a call or contacting our customer service. We will process your request promptly and without undue delay.

Please note that for quality and training purposes, calls may be monitored or recorded. Your privacy is important to us, and your information will be handled in accordance with our Privacy Policy.

PRIVACY POLICY

SCAN5 respects the privacy of its users. Please refer to SCAN5’s Privacy Policy (found here: [https://www.scan5.com/privacy-policy]) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site or the Service, you signify your agreement to this Privacy Policy.

WARRANTY DISCLAIMER

THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SCAN5 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION PROVIDED BY SCAN5 THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, SCAN5 MAKES NO WARRANTY OR REPRESENTATION THAT (A) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE BASIS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE OR (D) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.  SCAN5 SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS OR INFORMATION. SCAN5 does not guarantee the quality, safety or legality of the products, information or services provided through the Site and the Service.

LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCAN5, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE OR DISPLAY OF ANY USER CONTENT YOU POST OR SUBMIT TO SCAN5; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SCAN5, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCAN5 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

MODIFICATION OF TERMS OF USE

We can amend or discontinue the Site (or any portion of the Site), the Services, and these Terms of Use at any time, temporarily or permanently.  SCAN5 will not be required to notify you in advance of amending or modifying the Site, the Service, or the Terms of Use.  However, we will post any modifications to the Terms of Use on the Site and such modifications will become effective immediately.  Therefore, it is your sole responsibility to check the Site from time to time to view any such changes.  If you continue to use the Service or the Site after such modifications are posted, you signify your agreement to our revisions to the Terms of Use.  SCAN5 shall not be liable to you or any third party in the event SCAN5 exercises its right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new feature that augments or enhances the current Site shall be subject to these Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of SCAN5’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of SCAN5.  No purported waiver or modification of these Terms of Use by SCAN5 via telephonic or email communications shall be valid.

‍CUSTOMER AGREEMENT

‍If you are interested in obtaining the Services, you will be required to execute the Customer Agreement, a form of which can be found here: [http://www.scan5.com/customeragreement]. In addition, please see the following section of the Site https://scan5.com/contact-us/  for instructions on how to contact us to learn more about the Services and how to submit materials.

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of SCAN5 to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. You hereby consent to personal jurisdiction by the state and federal courts located in Cook County, Illinois.

You agree to indemnify, defend and hold SCAN5, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

Neither party shall be deemed to be an agent of the other party and the relationship of the parties shall be that of independent contractors. Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever.  The headings of the sections of these Terms of Use are for convenience of reference only and shall not be considered in construing these Terms of Use.

Communications made through the Site’s e-mail and messaging system (including by messages submitted to us at [http://www.SCAN5.com/contact-us/]) will not constitute legal notice to SCAN5 or any of its officers, employees, agents or representatives in any situation where notice to SCAN5 is required by contract or any law or regulation.

For contractual purposes, you (a) consent to receive communications from SCAN5 in an electronic form via any email address you may submit to us; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that SCAN5 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

You agree to comply at all times with all laws, rules and regulations applicable to your use of the Service and the Site.  SCAN5 controls this Site from within the United States. You may not access, download, use or export the Site in violation of U.S. export laws or regulations or in violation of any other applicable laws or regulations.Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of SCAN5.

SCAN5 may assign or delegate these Terms of Use and/or the SCAN5 Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without SCAN5’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [https://www.scan5.com/privacy-policy] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

If you have any questions regarding these Terms of Use or the Site, please contact SCAN5 at [info@SCAN5.com].