Customer, by placing an order with KULIG'S KREATIONS, INC., does hereby expressly agree to the following terms and onditions, for itself and its successor, with regard to KULIG'S KREATIONS, INC., its officers, directors and agents(hereinafter collectively referred to as "KULIG"):
- PAYMENT: Unless otherwise indicated in writing, the purchase price shall be due upon placement of order. Customer's failure to make any payment when due shall absolve KULIG from any obligation to provide service or any undelivered items for the period of the failure or 30 days from receipt of materials. Materials of unpaid payment are discarded after 30 days.
- PERFORMANCE: Dates indicated for delivery or other performance represents KULIG'S best estimate. Customer acknowledges that the processes used by KULIG can, in some instances, result in damage to Customer's original materials.
- COMPLIANCE WITH COPYRIGHT LAWS AND USE OF IMAGES: Customer represents and warrants that it has the right to reproduce or has obtained any necessary releases, waivers or permits to use and reproduce the images or audio files contained in the materials supplied to KULIG. Customer shall be liable for any damages arising from or relating to Customer's possession or use of the materials supplied to KULIG, including violations of all copyright and trademark laws.
- Customer represents to Kuligs that he has authority and permission to provide these materials, as well as the images or audio files contained therin, to become part of the work to be performed. Customer further represents that neither the materials, images, audio files nor the final product of Kuligs will be used illegally or tortuously. Customer takes full responsibility for and will indemnify Kuligs against any and all claims, actions, damages or the like arising from the unauthorized use of these materials.
- INDEMNITY: CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD KULIG AND ITS SERVICE PROVIDERS HARMLESS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER REASONABLE COSTS OF LITIGATION) ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO CUSTOMER'S ACTIONS OR BREACH OF THIS AGREEMENT.
- WARRANTY: CUSTOMER ACKNOWLEDGES THAT NO EXPRESS WARRANTIES HAVE BEEN MADE BY KULIG. FURTHERMORE, KULIG DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY/RECOVERY: CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST KULIG SHALL BE THE RETURN OF ANY MONIES PAID BY CUSTOMER TO KULIG. CUSTOMER MUST NOTIFY KULIG IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF MATERIALS OF ANY DAMAGES IN ORDER TO PRESERVE ANY CLAIM HEREUNDER. IN NO EVENT SHALL KULIG BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, DATA, IMAGES, BUSINESS OPPORTUNITY, OR PURCHASE OF OTHER GOODS AND SERVICES IN RELIANCE ON KULIG'S SERVICES HEREUNDER), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION.
- ENFORCEMENT: The parties agree to submit to the jurisdiction of the courts of Florida and the venue of any such action shall be the Circuit Court of Pinellas County, Florida or the Federal District Court, Tampa, Florida. The parties mutually agree to waive the rights either may have to demand a trial by jury of any dispute arising between them. The prevailing party in any action brought pursuant to this Agreement shall b entitled to reimbursement of all attorneys fees and costs. This agreement shall be governed by and construed in accordance with the laws of the state of Florida.