Terms and Conditions

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer") and Badger Elite Services LLC, DBA Imaging Bug ("Company"). By accessing or using the Company's services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Company's services.

2. Services

The Company provides a variety of services, which may include but are not limited to, photograph scanning, photograph restoration, digital imaging, and video tape digitization.

3. Shipping and Risk of Loss

3.1 Customer Responsibility

The Customer assumes all risk of loss or damage to materials shipped to the Company for service. The Company recommends that Customer:

• Obtain adequate insurance for valuable materials.
• Use trackable shipping methods.
• Properly package and secure materials in shipping packages.

3.2 Company Liability

The Company is not liable for any loss or damage to materials during transit or while in the Company's possession.

4. Limitation of Liability

The Company's liability for any service provided shall be limited to the amount paid by the Customer for that service. The Company shall not be liable for any consequential, indirect, incidental, or punitive damages arising out of or related to these Terms or the services provided.

5. Customer Warranties and Indemnification

5.1 Customer Warranties

By submitting an order, you represent and warrant the following:

• Copyright Compliance: No materials submitted to the Company violate any copyright laws.
• Ownership or Permission: Any materials submitted were either created by you, you have the right to permit the Company to perform services on them, or you have obtained permission from the copyright owner for duplication.
• Legal Content: No materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law.

5.2 Indemnification

By submitting an order, you acknowledge that the Company is relying on these representations in providing services. You further agree to indemnify, defend, and hold harmless the Company from and against any and all damages, costs, and expenses, including attorneys' fees, arising from or related to:

• Third-Party Copyright Claims: Claims or demands brought by any third party against the Company regarding copyright infringement or violation of other applicable laws stemming from materials you submitted.
• Breach of Terms: Your breach of these Terms of Use.

6. Privacy Policy

A separate Privacy Policy explains how the Company collects, uses, and discloses Customer information. Please refer to the Company's Privacy Policy for detailed information.

7. Copyright Policy

By submitting an order to Badger Elite Services LLC, DBA Imaging Bug ("Company"), you represent and warrant the following:

• Copyright Compliance: No materials submitted to the Company violate any copyright laws.
• Ownership or Permission: Any materials submitted were either created by you, you have the right to permit the Company to perform services on them, or you have obtained permission from the copyright owner for duplication.
• Legal Content: No materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law.

8. Term and Termination

These Terms shall remain in full force and effect until terminated by either the Customer or the Company. The Company may terminate these Terms at any time, with or without cause, upon written notice to the Customer. The Customer may terminate these Terms by ceasing to use the Company's services.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

10. Dispute Resolution

10.1 Binding Arbitration

Any dispute arising out of or relating to these Terms of Service or your use of Badger Elite Services LLC, DBA Imaging Bug's ("Company") services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Madison, Wisconsin. This arbitration agreement is specifically intended to be enforceable under the Wisconsin Arbitration Act, Wis. Stat. § 788.01 et seq., and not the Federal Arbitration Act.

10.2 Choice of Law

This arbitration agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

10.3 Entire Agreement

This arbitration clause constitutes the entire agreement between the Customer and the Company with respect to the settlement of disputes by arbitration.