Limitation of Liability

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UNDER NO CIRCUMSTANCES, SHALL THE JCP PORTRAITS BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS 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 JCPENNEYPORTRAITS.COM WEBSITE.

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 JCP PORTRAITS BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE JCPENNEYPORTRAITS.COM WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE JCPENNEYPORTRAITS.COM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JCPENNEYPORTRAITS.COM WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE JCPENNEYPORTRAITS.COM WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

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 THE JCP PORTRAITS BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

ENFORCEMENT OF TERMS AND CONDITIONS

BY ACCESSING AND USING THE JCPENNEYPORTRAITS.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE JCPENNEYPORTRAITS.COM WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.

This Website is Operated by Lifetouch Inc.

The JCPENNEYPORTRAITS.COM Website is operated by Lifetouch Inc. The mailing address for Lifetouch Inc. is 11000 Viking Drive, Suite 400, Eden Prairie, MN 55344.

Revised April 11, 2000