PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY.

All terms and conditions herein apply to Torrey Sheafe d.b.a. Lumpfish Solutions (Lumpfish). By ordering any service from Lumpfish Solutions (hereafter referred to as "Lumpfish"), you (hereafter referred to as "Customer") agree to abide by the following terms of service.

OWNERSHIP

Any images/graphics, text or other materials supplied to Lumpfish by the customer will remain sole property of the Customer and the copyright there under has not been assigned or transferred in any manner to Lumpfish. However, any additional materials created by Lumpfish in the production of an order are and shall remain the sole property of Lumpfish. Digital files of a Lumpfish-assembled layout can be obtained upon Customer's written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. Lumpfish reserves the right to reprint and distribute your finished works, (including but not limited to: GIS maps, Web site screen shots, and/or any print material) as example of a Lumpfish product for any and all promotional purposes. This promotional distribution may include but is not limited to Lumpfish's collateral marketing materials, Web site, affiliates' Web sites, affiliate programs, emails, and any other marketing in any medium that Lumpfish may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to Lumpfish at the following address: 196 Easy Street, Canaan, ME 04924, or by email to the following address: privacy@lumpfishsolutions.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.

ILLEGAL ACTIVITY

Lumpfish will not perform services for sites or customers promoting or condoning any illegal activity. Customers found violating the law will be reported to the proper authorities immediately. Lumpfish will not charge for any work that is reported for illegal activities.

LIABILITY

Lumpfish will not be held responsible for any damages arising from the use, misuse, or implementation of any sites, graphics, or other files created for Customer. You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Lumpfish. DO NOT send any "one-of-a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork. The liability of Lumpfish, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Lumpfish for its products and services. In no event will Lumpfish be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Lumpfish. You hereby waive any Statute of Limitations to the contrary.

REFUNDS

Lumpfish cannot permit refunds after final design and all other computer services are rendered. No refunds will be granted once we begin your order. No partial refunds will be given for work not completed; design and set up fees may apply. All refunds, due to overpayment on account are available upon customer request.

SERVICES

Lumpfish is not responsible for any damages arising from the use, misuse, or implementation of services from our affiliates.

PAYMENT

Acceptable forms of payment include personal check, company check, wire transfer, or postal money order. Sorry, we do not accept credit cards. All payments must be in US funds. AGREED PAYMENT MUST BE RECEIVED BEFORE WORK WILL START. NO EXCEPTIONS. All returned checks will be charged a fee of $25. Any amount due to Lumpfish, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest.

SHIPPING

For Lumpfish observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. Lumpfish is not liable for damage caused by any service carrier. Carrier claims are limited to $100. Lumpfish accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from Lumpfish's facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.

BALANCES

Customers carrying balances for more than 30 days will suffer a charge equal to no greater than 5% of the outstanding balance for each month that the account is past due.

Terms and Conditions (dev. 11/24/09)

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