PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

The terms, policies and conditions (collectively known as "Terms" or "Conditions" ) described below govern the use of this site (referred to as "Highpoint Air Photo" or "site"). Your use OF THIS SITE and/or placement of any order indicate your acceptance of these Conditions.

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIGHPOINT AIR PHOTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HIGHPOINT AIR PHOTO DOES NOT WARRANT THAT THE INFORMATION WILL BE ERROR-FREE. YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK.

Under no circumstances, including, but not limited to, negligence, shall Highpoint Air Photo be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Highpoint Air Photo or a Highpoint Air Photo authorized representative has been advised of the possibility of such damages. In no event shall Highpoint Air Photo have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise), and whether for direct, ancillary or consequential damages, for accessing this site.

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other Highpoint Air Photo site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of New York.

This site is not intended for use by children. No person under age 18 is permitted to provide personal information of any type whatsoever, or to use our public discussion areas, forums and chats. Minors must get the permission of their parent(s) or legal guardian(s) before making purchases.

NOTE TO PARENTS: If your child discloses information about themselves in any publicly accessible areas of the site, they may get unsolicited messages from other parties, the origin and content of which cannot be controlled and for which we are not responsible or liable. Accordingly, you should monitor your child?s activity on this site and tell him or her not to share personal information on this or any site.

This privacy policy covers Highpoint Air Photo's treatment of personally identifiable information that we collect when you are on our site, and when you use our services. This policy also applies to Highpoint Air Photo's treatment of any personally identifiable information that our business partners share with us. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.

We keep your personal information private and secure. Our secure servers protect your information using advanced encryption techniques and firewall technology. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. We will not sell, share or distribute this information except as outlined herein.

We may collect personally identifiable information when you visit or use our site. We may also receive personally identifiable information about you from our business partners. We automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page you requested. We may use this information for the following general purposes: to customize the content you see, to fulfill your requests for certain services and information, to bring you special offers that may be of interest to you and to contact you.

To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Highpoint Air Photo site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

We will send personally identifiable information about you to other companies or people when:

• we wish to inform You of special offers or notices;
• we need to share your information to provide the product or service you have requested;
• we need to send the information to companies who work on behalf of Highpoint Air Photo to provide a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us);
• we respond to subpoenas, court orders or legal process; or
• we find that your actions on our web sites violate the above terms of service, or any of our usage guidelines for specific products or services.

We may set and access cookies on your computer. Your use of this site is your specific acknowledgement that we may do this and your authorization to do this.

Your receipt of an order confirmation from us, be it electronic or by any other means, does not signify our acceptance of your order, nor does it constitute your acceptance of our offer to sell. Highpoint Air Photo reserves the right to accept or decline your order at any time after receipt for any reason at its sole and absolute discretion, or to supply less than the quantity of products you ordered of any item and, in such cases, to issue a refund or adjust the amount charged to you. If your credit card has already been charged for the purchase and your order is canceled or reduced, Highpoint Air Photo shall immediately issue a credit to your credit card account for the appropriate amount.

We accept the following credit cards as forms of payment: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases with Highpoint Air Photo. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon receipt of your order.

Highpoint Air Photo accepts money orders, cashier's checks, personal checks, and business checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier's check. For personal and business checks, please allow a minimum of 10 banking days after our receipt for clearance of funds before your order is processed. Product that may be available when a check is received by us cannot be guaranteed to still be available after clearance of funds. There is a charge of $30 on all returned checks.

Digital Files are usually processed and transmitted or shipped within 2 business days of confirmation of our receipt of payment. Please allow 5 to 10 business days from confirmation of our receipt of payment for processing of prints and other products.

Please allow approximately five (5) days for shipping time. However, we cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Highpoint Air Photo only as an estimate.

For a multiple product order, we will make every attempt to ship all products contained in the order at the same time in the same shipment. Products that are unavailable at the time of shipping will be shipped as they become available, at standard, separate shipping rates, unless you request otherwise.

There is no sales tax incurred on digital files transmitted electronically. Highpoint Air Photo shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of New York. For orders shipped to other states, you are solely responsible for the payment of all necessary sales, use or other taxes.

ALL SALES ARE FINAL.

Due to the nature of digital image files and photographic prints and the ease with which they can be copied, altered, transmitted and stored, THERE WILL BE NO REFUNDS GIVEN ON DIGITAL FILES OR PHOTOGRAPHIC PRINTS once the order has been transmitted or shipped.

Check your order promptly when received for defects or damage. If your order is damaged or defective in any way, contact us by telephone or email within 2 business days of receipt of your order and we will issue a return authorization. Then just return the damaged or defective item(s) to us within 10 days and Highpoint Air Photo will promptly replace the item(s) free of charge.

In the event that any product or service is identified incorrectly or is listed with an incorrect price or product description due to typographical or similar clerical error by us or by any of our suppliers, Highpoint Air Photo shall reserve the right to refuse or cancel any orders placed for the product or service listed or priced incorrectly, whether or not the order has been confirmed and payment has been received, or your credit card has been charged.

If your credit card has already been charged for the purchase and your order is canceled, Highpoint Air Photo shall immediately issue a credit to your credit card account in the amount of the incorrect charge.

If your order has been paid for by means other than credit card and the funds have been cleared by our bank, Highpoint Air Photo shall promptly issue a refund check to you for the amount of the incorrect price.

All images offered for sale on this site are protected under the copyright laws of the United States of America and remain the sole property of Highpoint Air Photo.

Your purchase of any images(s) from this site in accordance with these Conditions of Use, constitutes our permission to print, reproduce, copy and distribute them in any manner so long as it is solely for YOUR OWN PERSONAL USE and any and all copyright and proprietary notices are left intact.

REPRODUCTION OF THESE IMAGES for any commercial purposes without the express prior written permission of Highpoint Air Photo or its authorized representatives is strictly prohibited and unauthorized.

This site is owned and operated by Highpoint Air Photo. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Highpoint Air Photo, Copyright © 2008, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the express prior written permission from Highpoint Air Photo. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

These Conditions will supersede and override any terms and/or conditions you include with any purchase order, regardless of whether Highpoint Air Photo signs it or not. Highpoint Air Photo reserves the right to make changes to this site and these Conditions at any time without notice.

© Copyright 2008 Highpoint Air Photo. All Rights Reserved
Highpoint Air Photo, P.O. Box 169, Bellvale, NY 10912
1-845-987-1616, Fax: 1-845-986-6633