Your Use of This Site is Governed by These Terms and Conditions

Your use of the HJClix.com website (the “Site”) constitutes your agreement to follow these rules and to be bound by them.  Any account you establish and any order for products placed through this website will be subject to these Terms and Conditions.

In these terms and conditions the terms “HJClix”,” Herff Jones”, “we”, “our”, and
“us” are used to designate Herff Jones, Inc., Herff Jones Photography and/or one of its authorized agents.

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE. YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY HERFF JONES, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Modifications of the Terms And Conditions Of Service

Herff Jones reserves the right, at its sole discretion, to modify or replace these Terms and Conditions of Service at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such modifications constitutes your acceptance of the Terms and Conditions of Service as modified.

Herff Jones has the exclusive right to control the accessibility, hours of use, and the features on the Site. Herff Jones can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. Herff Jones reserves the right to monitor use of the Site.

You are solely responsible for providing the equipment related to accessing the Site, including all computer equipment, remote communications equipment, telephone or other equipment.

User Account, Photo Security and Sharing

For subjects photographed by Herff Jones Photography, or one of its authorized agents, and attending a participating school, initial unique security codes are distributed to parents and are valid for authorized use only.  When you first visit this Site you will have an opportunity to establish a password-protected User Account.  When you create a User Account and enter your unique security code to claim authorized photo(s), you are authorizing Herff Jones to display the images on the website for your viewing, purchase and/or sharing with persons of your choice subject to these Terms and Conditions.  Until a photo(s) is claimed by a valid/authorized user, it is securely stored.  No one else will have access to your image(s) unless you share the photo access codes, image(s) or your User Account login and password with others.  You are responsible for the security and confidentiality of the password and username you establish when you create your User Account.  By establishing a User Account, you agree to accept responsibility for all activities that occur at the Site under your login and password.  Herff Jones reserves the right, in its sole discretion, to refuse service or terminate your account.

You may share your photos online by providing a valid email address for the recipient.  HJClix will forward your email containing a new access code to the photo(s) in your account.  HJClix will not send the photo files themselves.  Individuals who receive your email will be required to register for a User Account before they can view your photo(s).  HJClix or Herff Jones is not responsible for misdirected or undeliverable email address and will not notify you of email delivery status.

For additional information regarding our privacy and security policies and procedures, please review our Privacy Statement.

Access to Lost or Misplaced Access Codes

To safeguard your private data, including your photo, Herff Jones requires the written permission of the subject or their legal guardian in the event the unique security code is lost. Click here to access the Request for Access form. Print the form, complete all fields (the email address field is optional), and mail the form to Herff Jones, Inc., Attention Customer Service, 160 North Rice St., Lewiston, MN 55952. Alternately, the form can be sent via fax to 507-523-2073.  You will be contacted by phone.

Herff Jones reserves the right to refuse to fulfill any order if the Request for Portrait form is incomplete.

Orders, Availability and Delivery

When you place an order for a photo(s) through this Site, our acceptance of your order occurs when your credit card is charged. Until that time we reserve the right to cancel your order. Our ability to supply the selected products to you is subject to availability and we reserve the right to limit quantities of products we supply, to divide orders and fulfill partial orders, and to revise or terminate products and special offers.

We will do our best to deliver your purchases in a timely manner, but we cannot guarantee that there will be no delays in delivery, and we accept no liability or responsibility for delays caused by circumstances outside of our reasonable control.

Prices and Payments

Posted prices do not include sales tax or shipping and handling charges, which vary based on your location and the products selected. Taxes and fees are established at time of checkout.  Prices are subject to change at any time, without notice.

Storage Policy and Photo Availability

Your initial unique security code will be valid for approximately ninety days after it is initially delivered to you. Once you use this unique security code to claim your photos, the access code will be invalid for any further use. Your photos will be available on this Site for viewing and purchase for a limited amount of time. Once the offer period has ended, they will be permanently deleted.

You may cause your photos to be permanently deleted from your User Account at any time by sending a deletion request e-mail to .

Product Returns and Refund Policy

If you are not satisfied with the quality of any product you purchase on this Site, simply return it within 5 days of receipt of order and we will either replace the product at no cost to you or refund the original purchase price. We will refund your account or reprint your photos when we receive your return.  All returns must be pre-approved by Customer Service before any product will be accepted. Contact Customer Service at 800-244-4373 or via email at .

Copyright Policy

All photographic images created by Herff Jones and their authorized agent photographers, and all other materials on this Site, including, for example, all of the page headers, images, illustrations, graphics, and text (collectively "Content") are owned and copyright protected by Herff Jones, Inc. and its agents.   Except as specifically authorized through the sale of a product or service, or on a written release signed by us, the Content, including photographic images and information from this Site, may not be reproduced in any way.

The HJClix, Herff Jones and any agent logos and trademarks may be used only on the HJClix website and by permitted users who have signed agreements with Herff Jones.

User Content

Herff Jones reserves the right, but is under no obligation, to reject content submitted by users for use in products (such as photo card greetings) if such content is deemed offensive. Herff Jones is not responsible for any spelling or typographical errors in any text submitted by users for inclusion in a finished product.

Conduct

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Service, or any other purpose not reasonably intended by Herff Jones.

By way of example, and not as a limitation, you agree not to use the Site:

• to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
• to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Herff Jones, Inc and its authorized agents;
• to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through HJClix;
• to attempt to access photographs by any method from another user’s account without permission;
• to upload, post, email or otherwise transmit any material which is likely to cause harm to HJClix, Herff Jones, Inc,  or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to HJClix;
• to make images hosted by HJClix available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the User Account you create);
• for any commercial purpose other than to permit a recipient with whom you have shared your images, to order from us photographic prints or products containing those images;
• to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
• to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of HJClix or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent;
• to attempt to impersonate another user or person.

You further agree that you shall not:

• interfere with or disrupt (or attempt to interfere with or disrupt) HJClix, or servers or networks connected to HJClix, or to disobey any requirements, procedures, policies or regulations of networks connected to HJClix;
• use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• provide any information to HJClix or Herff Jones, Inc.  that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
• resell HJClix or any portion of HJClix.

Herff Jones may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

Intellectual Property

Each piece of Content (as defined above) is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights owned by Herff Jones, Inc., one of its authorized agents or by third parties who have licensed their materials to Herff Jones or one of its authorized agents. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Herff Jones, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Herff Jones, Inc.

Submissions

We welcome your comments regarding this Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to this Site shall be and remain the exclusive property of Herff Jones, Inc. Your submission of any such Comments shall constitute an assignment to Herff Jones, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Herff Jones, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMERS

THIS SITE IS OPERATED BY HERFF JONES, INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HERFF JONES, INC., ITS SUBSIDIARIES AND THEIR AGENTS (COLLECTIVELY, THE "HERFF JONES BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, THE HERFF JONES BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. THE HERFF JONES BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE HERFF JONES BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HERFF JONES, ITS CORPORATE AFFILIATES AND SERVICE PROVIDERS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS (COLLECTIVELY THE “HERFF JONES BUSINESSES”) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY HERFF JONES BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HERFF JONES BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify and otherwise hold harmless Herff Jones and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to your use of the Site.

Security

You are prohibited from violating or attempting to violate the security of the Site. Herff Jones will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

Termination of Terms and Conditions of Service

Herff Jones may terminate these Terms and Conditions of Service at its discretion. In addition to Herff Jones’s other rights, Herff Jones may terminate your access to this Site or cancel membership to any service that Herff Jones provides on the Site, if you breach the Terms and Conditions of Service in any way or engages in conduct that Herff Jones deems inappropriate. In the event of termination of the Terms and Conditions of Service, the provisions in this paragraph and the provisions found under the captions “Copyright Policy,” “Conduct,” “Intellectual Property” “Disclaimers” “Limitation of Liability” “Indemnification” “Security” and “Miscellaneous” shall survive.

Miscellaneous

These Terms and Conditions of Service constitute the entire agreement between Herff Jones and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Herff Jones and you dealing with the subject matter hereof is superseded. If any portion of these Terms and Conditions of Service is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms and Conditions of Service, Herff Jones may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Herff Jones’s remedies are cumulative and not exclusive. Failure of Herff Jones to exercise any remedy or enforce any portion of these Terms and Conditions of Service at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. You agree that regardless of any statute or law to the contrary, any claim or action by you arising out of or regarding these Terms and Conditions of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Herff Jones makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and you consent to the exclusive jurisdiction and venue in such courts for such purpose.

Revision 6.12.2009