A 50% deposit is required upon execution of an agreement, with payment in full required at least 4 weeks in
advance.
If ordering yearbook, magazine, newspaper or other publication pictures, full payment in advanced is required.
Most proofs are raw images and usually will not represent the high quality images you will receive. For this
reason the final pictures may not look exactly the same. They will be color corrected as well as the brightness
and contrast corrected.
Sales Tax, Shipping and Handling fees are not included in our pricing and will be added where applicable.
We retain complete copyright and ownership on all images and pictures. We reserve the right to use these
images in any advertisement or marketing materials without recourse or payment.
Retakes at no cost will only be taken if the fault is ours. Retakes because of hair, makeup, etc will be charged
the normal rates.
NSF Checks will be returned with a $20.00 service fee. We reserve the right to hold any and all pictures
because of non payment.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
SECURITY, INTERNET COMMERCE, YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions ("Agreement") apply to your purchase of all products sold by or through Eric Miller,
Eric Miller Photography, Eric and Yvonne Miller Photographers, Eric Miller Pix, www.EricMillerPix.com, Miller Foto
or www.MillerFoto.com (collectively know as Miller in this agreement). By accepting delivery of the Product, you
accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this
Agreement, you must notify us immediately and return your purchase pursuant to Miller's Return Policy. If
returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY
UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH Miller, IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN; OR (II) OTHER MILLER TERMS AND CONDITIONS APPLY TO THE
TRANSACTION.
1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other
document(s) unless otherwise agreed to in a written agreement signed by both you and Miller. If you do not
receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your
purchase may be obtained by contacting your sales representative.
2. Payment Terms. Payment terms are within Miller's sole discretion, and, unless otherwise agreed to by Miller,
payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer,
or some other prearranged payment method. Miller may invoice parts of an order separately. Miller is not
responsible for pricing, typographical, or other errors, in any offer by Miller and reserves the right to cancel any
orders resulting from such errors.
3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly
indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Miller is
Miller's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your
responsibility. You must notify Miller within 15 days of the date of your invoice or acknowledgement if you believe
any part of your purchase is missing wrong or damaged. Unless you provide Miller with a valid and correct tax
exemption certificate applicable to your purchase of Product and the Product ship-to location, you are
responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
4. Warranties. WARRANTY AND SERVICE FOR ALL PRODUCTS ARE PROVIDED BY THE ORIGINAL
MANUFACTURER, NOT BY MILLER. MILLER MAKES NO EXPRESS WARRANTIES.
5. Shipping & Returns. All shipments are made through USPS, UPS, Federal Express, Etc.. and are insured for
the full amount of the shipment. All shipments should be opened at time of delivery and inspected for damage. If
a shipment is damaged in transit, please contact us immediately. We only have a few days to file the claim in
your behalf. All custom items are non returnable and non refundable.
6. Changed or Discontinued Products. Miller's policy is one of ongoing update and revision. Miller may revise
and discontinue Product at any time without notice to you and this may affect information saved in your online
"cart." Miller will ship Product that have the functionality and performance of the Product ordered, but changes
between what is shipped and what is described in a specification sheet or catalog are possible.
7. Limitation of Liability. MILLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH
HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE,
LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE
PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MILLER WILL NOT
BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MILLER IS NOT LIABLE OR RESPONSIBLE FOR
ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN
THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
8. Governing Law. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF LOUISIANA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
9. Headings. The section headings used herein are for convenience of reference only and do not form a part of
these terms and conditions, and no construction or inference shall be derived there from.
10. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND MILLER, its agents,
employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Miller") arising
from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Agreement), Miller's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in. The arbitration will be limited
solely to the dispute or controversy between customer and Miller. NEITHER CUSTOMER NOR MILLER SHALL
BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE
ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration
Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties,
and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs
and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party
attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to
the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and
claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
Purchase & Sales Policy
All custom items are non returnable and non refundable. In the case of a manufacturing or printing problem, our
limit of liability will be to replace the item.
Shipping Policy
All shipments are insured for the full amount of the shipment. All shipments should be opened at time of delivery
and inspected for damage. If a shipment is damaged in transit, please contact us immediately. We only have a
few days to file the claim in your behalf. All custom items are non returnable and non refundable.
Privacy Notice
Miller Foto respects your privacy. Across our business, we will only collect, store and use your personal
information for defined purposes. We use your information to support and enhance our relationship with you, for
example, to process your purchase, provide service and support, and share product, service and company
news and offerings with you. We do not sell your personal information. We only share your personal data
outside the Miller Foto family of companies with your consent, as required by law or to protect Miller Foto, its
customers, or the public, or with companies that help Miller Foto fulfill its obligations with you, and then only with
partners who share Miller Foto's commitment to protecting your privacy and data. At any time you may contact
Miller Foto with any privacy questions or concerns you may have. You also may ask at any time to see the
personal data you have given us and request correction or deletion. We strive to protect the security of your
personal data by use of appropriate measures and processes.
Privacy and Data Security
At Miller Foto, your right to privacy and data security is a primary concern. That's why, when you visit
MillerFoto.com, we help you maintain control over your personal data on the Internet. Below are the guidelines
we use for protecting the information you provide us during a visit to our Internet site.
Miller Foto's Privacy statement discloses the privacy guidelines for Miller Foto Web site.
* Miller Foto only asks for specific types of personal information
In a few areas on our Web Site, we ask you to provide information that will enable us to enhance your site visit,
to assist you with purchase and technical support issues or to follow up with you after your visit.
For example, we request information from you when you:
1. Register on MillerFoto.com
2. Place an order
3. Provide feedback in an online survey
4. Subscribe to a newsletter or a mailing list
Information we may request includes your name, e-mail address, phone number, address, type of business,
credit card details, customer preference information and customer number, as well as other similar personal
information. Should you choose to apply for credit or lease through our financial service providers, we may also
ask for your social security number and other information to process your credit request. If we ever ask for
significantly different information we will inform you.
* Miller Foto only uses your personal information for specific purposes
The information you provide will be kept confidential and used to support your customer relationship with Miller
Foto. Among other things, we want to help you quickly find information on MillerFoto.com and alert you to
product upgrades, special offers, updated information and other new products and services from Miller Foto.
Miller Foto may enhance or merge your information collected at its site with data from third parties for purposes
of marketing products or services to you.
In addition, Miller Foto may be required to disclose personal information in connection with law enforcement,
fraud prevention, regulation, and other legal action or if Miller Foto reasonably believes it is necessary to do so
to protect Miller Foto, its customers, or the public.
* You can opt-out of Miller Foto's marketing list at any time
Periodically, we may send you information about our various products and services, or other products and
services we feel may be of interest to you. Only Miller Foto will send you these direct mailings. If you do not want
to be included on Miller Foto's marketing list, simply tell us when you give us your personal information. Or, at
any time you can easily opt-out of Miller Foto's marketing list.
* Miller Foto will not disclose your personal information to any outside organization for its use in marketing
without your consent
Information regarding you (such as name, address and phone number) or your order and the products you
purchase will not be given or sold to any outside organization for its use in marketing or solicitation without your
consent.
Internet Commerce
The online store at MillerFoto.com is hosted by PhotoReflect.com which has it's own privacy and use policies.
You should review their policy prior to placing a Photo Order from us through their site. If at any time you would
like to make a purchase, but do not want to provide your credit card information online, you may contact a sales
representative over the telephone. Simply call 504-467-0230. It has always been a Miller Foto practice to
contact customers in the event of a potential problem with your purchase or any normal business communication
regarding your purchase.
Customized Experience
We use technology to help us deliver customized visitor experiences. At Miller Foto, we primarily use "cookies" to
help us determine which service and support information is appropriate to your machine and to maintain your
shopping experience in our online store. Our use of this technology does not mean that we automatically know
any information about you. We might be able to ascertain what type of computer you are using, but beyond that,
our use of cookies is designed only to provide you with a better experience when using www.MillerFoto.com.
Miller Foto has no desire or intent to infringe on your privacy while using the MillerFoto.com site.
Third-Party Sites
Please be aware that other web sites that may be accessed through our site may collect personally identifiable
information about you. The information practices of those third-party web sites linked to MillerFoto.com are not
covered by this privacy statement.
You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be
careful and responsible whenever you're online. If you post personal information online that is accessible to the
public, you may receive unsolicited messages from other parties in return. While we strive to protect your
personal information, Miller Foto cannot ensure or warrant the security of any information you transmit to us,
and you do so at your own risk.
Other Web sites
Miller Foto's Web site contains links to other Web sites that are not operated by Miller Foto. Miller Foto is not
responsible for the privacy practices of the Web sites that it does not operate.
Miller Foto is the sole operator of the Miller Foto Web site. If you would like to contact us for any reason
regarding our privacy practices, please write us at the following address:
Miller Foto 5 Echezeaux Drive, Kenner, La 70065-1115 or click here to contact us through email.
