Welcome to ProlabExpress.com^®. We are located at 3525 Lousma Dr SE, Grand Rapids, Michigan 49548. These Terms and Conditions of Use govern your use of ProlabExpress.com^® services. Your use of these services constitutes acceptance of the Terms and Conditions of Use and creates a binding agreement. If you do not accept these terms, do not use this web site. Please check these Terms and Conditions of Use frequently, as we may from time to time make changes to the Terms and Conditions of Use. The most up-to-date version of these Terms and Conditions of Use will be available for your review on the web site. Amendments will become effective at the time they are posted on this web site. Your continued use of the web site after amendments are posted will constitute your acceptance of such amendments. We may at any time modify or discontinue any aspect or component of the web site. You must be 18 years or older to use ProlabExpress.com^®.

In connection with opening your user account, you will either designate or receive a user password that, combined with your email address, you can use to establish your identity when you login to use ProlabExpress.com^®. You agree (i) to provide accurate and complete information when opening a User Account; (ii) to update your information as necessary so it remains accurate and complete; and (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity.

The right to use the services and functions of a user account on the web site is limited to you as the party enrolling and those authorized persons to whom you give your personal password and email address. You are responsible for safeguarding your email address and password and agree to hold ProlabExpress.com^®, its parent, subsidiaries and agents harmless from any claims resulting from improper use of your password. You agree to be responsible for all acts or omissions with respect to access to or use of a user account by any person using your password or email address. Please contact us immediately if you believe the security of your account has been compromised.

1. Credit/Payment Terms
Orders are paid at the time of submission either by an approved open account or credit card, which is authorized at the time you place the order and charged when the order is shipped. We accept Visa, MasterCard, and American Express. Additional shipping/handling charges may apply for larger prints. If additional charges are to be applied that are not listed on the website, we will notify you via email or phone prior to shipping your order.

2. In-House Times
Our goal is to ship most orders within 24-48 hours while still maintaining our high quality standards. Delivery times may vary based on seasonality, special circumstances, and extensive artwork. Additional time will be required for film products.

3. Sales Tax
All sales within Michigan are subject to 6% sales tax. It is the responsibility of the customer to provide a tax-exempt number before ordering to avoid sales tax charges.

4. Hours of Operation
Normal business hours are Monday through Friday 8:30am - 6:00pm Eastern Standard Time.

5. Paper
ProlabExpress.com^® prints offer Fuji's PDII lustre surface which has a slight texture and copyright watermark on the base(back) side. Also available is Fuji's high gloss paper for commercial prints and reproduction. Metallic paper is manufactured by Kodak.

6. Shipping and Handling Charges
All orders for prints 11x14 and smaller ship UPS Ground at no charge to the customer when the order totals $15.00 or more. Orders less than $15.00 are charged a shipping and handling charge of $5.95. Orders may not be combined to prevent the minimum order charge. UPS 2nd Day and Next Day Saver are available at an additional cost. Film shipped UPS at the customer's request will incur a $6.95 shipping and handling charge. Multiple orders may be shipped in a single package but will be individually wrapped for easy identification. Larger prints may be shipped rolled. Shipments outside the continental US may incur additional charges. If actual shipping charges exceed published rates on the web site for your order, you may incur additional charges. For prints 30x40 and larger, shipping charges will be calculated at the time you place the order.

7. Limits of Liability
ProlabExpress.com^® will take every precaution to ensure proper handling of any file or film submitted. Submitting any media to ProlabExpress.com^® for printing or other services constitutes an agreement by you that any damage or loss by ProlabExpress.com^®, its parent, subsidiary, or agents, even though due to negligence or other fault of our company, subsidiary, parent, or agents will only entitle you to a replacement of blank media and/or film. Except for such replacement, the acceptance by ProlabExpress.com^®, its parent, subsidiary and agents of the digital file or film is without other warranty of liability and recovery for any incidental or consequential damages is excluded. ProlabExpress.com^® is not responsible for loss, damage, or delay in shipment caused by parcel carriers.

8. Remakes
Our goal is 100% customer satisfaction. Upon receipt and inspection of the order, contact our customer service representatives if an error, damage, or problem is found. All files remain on our system for a period of 60 days, so there is no need to send the file(s) again for processing.

9. Copyright
ProlabExpress.com^® complies with all copyright laws. We vigorously work to protect the ownership rights of the copyright holder and will not copy, scan, or reproduce photographs that are copyrighted or bear a studio name without written consent of the photographer or studio. ProlabExpress.com^® uses Fuji Professional Digital paper with copyright watermark to further protect customers.

10. Privacy
Other than as set forth herein, we will not disclose your personal information to third parties without your written consent (which consent may be obtained electronically, such as by e-mail), unless we reasonably believe that the disclosure is essential to the conduct of ProlabExpress.com^®'s business, including but not limited to where such disclosure is necessary to (1) comply with the law, (2) collect unpaid amounts due ProlabExpress.com^®, its subsidiaries, parent or agents, (3) enable ProlabExpress.com^® employees, agents or consultants to provide service and to otherwise perform their duties,(4) comply with interchange functions, (5) obtain and provide credit reporting information, or (6) resolve customer disputes or inquiries. We do not provide your personal information to third parties for the purpose of telemarketing, e-mail, or direct mail solicitation, nor do we retain your credit card number on file.

11. Web site Content
All content on the web site is the copyrighted property of ProlabExpress.com^® and its parent, CorporateColor Services, Inc. Content contained in the web site may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of ProlabExpress.com^® and CorporateColor Services, Inc.

12. Film Scanning
Film scanned by ProlabExpress.com^® and uploaded to the clients' image gallery is processed in a clean, automated environment. This process provides scans equivalent to a proof size without visible dust. It is the client's responsibility to clean all scanned images prior to ordering prints larger than proof size.

13. Concierge Service
Occasionally, every professional in the industry faces the challenge of immediate order fulfillment. You have a complex order, and you must have it tomorrow. During these times, confidence in your lab’s ability to fulfill your order immediately, even including mounting, art work and other options, cannot be questioned. Concierge Service includes a personal representative and lab resources assigned specifically to your order. After completion, you are personally notified by phone or email that your order has transferred from the Lab to the carrier. A 50% premium ($10.00 minimum premium) is charged for Concierge Service, plus actual shipping charges. Regular orders already in the lab can be upgraded to Concierge Service. Once Concierge Service is initiated, it cannot be rescinded. To initiate Concierge Service, call 888-537-1304. Concierge Service – your specifications, delivered tomorrow, guaranteed.

14. Credit Memos
Credit memos will be issued up to 35 days from invoice date. Please contact a customer service representative if you have any questions, local: 616-301-1979 or toll free long distance: 888-537-1304.

1. Agreement
By transferring and/or uploading images from ProlabExpress.com^® or otherwise to (GRI), you have agreed to be bound by the terms and conditions of these Photographer Terms of Use. These Terms and Conditions of Use govern your use of GRI services. Your use of these services constitutes acceptance of the Terms and Conditions of Use and creates a binding agreement. If you do not accept these terms, do not use this web site. Please check these Terms and Conditions of Use frequently, as we may from time to time make changes to the Terms and Conditions of Use. The most up-to-date version of these Terms and Conditions of Use will be available for your review on the web site. Amendments will become effective at the time they are posted on this web site. Your continued use of the web site after amendments are posted will constitute your acceptance of such amendments. We may at any time modify or discontinue any aspect or component of the web site. You must be 18 years or older to use GRI. Use of this site is restricted to photographers using ProlabExpress.com^® for their professional processing services. Other restrictions may apply.

2. Obligations of the Photographer.
(a) You shall use GRI exclusively for your distribution, sale, and fulfillment of event photography images (Images) on or through the Internet.
(b) You shall promptly provide required information for every event as outlined in the web site. Incomplete event information will result in the event not being published.

3. Obligations of GRI
(a) GRI shall be responsible for the creation, maintenance and hosting of the web site which will contain the Images (the "Web Site") and the Photographer's Page. GRI shall include on the Web Site an order entry facility that shall allow Customers to place orders and pay for Prints of a particular Event provided that such Customer has the proper event password.
(b) GRI will use commercially reasonable efforts to make available properly submitted Images on the Web Site. Access to such Images shall be limited to you or those persons who can enter a correct event password. You are solely responsible for security and distribution of passwords.
(c) GRI shall use commercially reasonable efforts to process and ship Prints and other products offered for sale to the Customer directly, within three (3) business days from the date on which such order was placed on the Web site. GRI will notify you and the purchaser by email when each order has been shipped.

4. Licenses Granted to GRI by Photographer.
(a) Use on the Internet. You grant to GRI during the Term (as defined below) a non-exclusive limited license to (i) prepare and update the derivative works of the Images to display, with attribution, on the Web Site; (ii) reproduce the Images in electronic form in a manner to be determined by GRI in its sole discretion; (iii) display and/or publish the Images on the Web Site, and (iv) distribute the Images electronically through the Web Site in any manner deemed appropriate by GRI in its sole discretion.
(b) Fulfillment of Print Orders. You hereby grant to GRI the right to create, in any manner without notice of copyright or attributions, and distribute the Prints to Customers through the fulfillment of orders entered on the Web Site.
(c) Name and Likeness. You grant to GRI a non-exclusive, not-assignable, non-transferable license to allow GRI to include your name and likeness on the Web Site.
(d) Event Web Site. If you have created an event site using our tools for your benefit (the "Photographer's Event Site"), you hereby grant to GRI a non-exclusive limited license to use, in such Photographer's Event Site, all elements provided by you for such purpose.

5. Ownership by GRI.
You acknowledge and agree that all of the intellectual property on the Web Site, the Photographer's Event Page and the Photographer's Web Site (other than the Images, any domain names, information or other elements provided by you to GRI for GRI's use pursuant to its obligations under this Agreement) including without limitation, the domain names, graphics, design, look and feel and other elements provided by GRI ("GRI Intellectual Property") are, for purposes of this Agreement, to be considered to be owned by GRI or, if provided by a third party, licensed to GRI (not to you), and are protected by U.S. and International copyright, trademark, patent, trade secrets and other intellectual property rights protection. You hereby disclaim any rights, titles, or interests in the GRI Intellectual Property.

6. Payment; Terms
(a) Payment to GRI and Photographer. In consideration for providing such services to you, you shall pay to GRI, in accordance with the then current Price List posted on the Web site or ProlabExpress.com^® (which prices are subject to change by GRI from time to time in its sole discretion): (i) the charge for each item and/or service ordered. Such payments to GRI will be in the form of an amount deducted from the retail-selling price of the item and/or service ordered, set by you. Should GRI fulfill an order and is paid by the client and that payment is subsequently “reversed”, “disputed” or other action is taken such that payment results in a chargeback to GRI, then the photographer (you) shall be responsible for all charges relating to the order in which the “chargeback” occurred. If this occurs, you agree to provide to GRI valid credit card information and authorization as requested to charge your credit card.
(b) Timing of Payment to Photographer. GRI shall pay to you the amounts stated above within seven (7) business days via ACH or check, at GRI’s sole discretion. Photographer agrees to execute all necessary forms and provide a proper routing/transit/account number to set up ACH transfers.

7. Representations and Warranties.
You warrant that you shall (i) obtain the consent of the Principals prior to submitting Images to GRI; (ii) provide appropriate notification to attendees of the Event that the Images shall be available on the Web Site for those persons who receive the event password from you and/or your designated agents; (iii) notify GRI in advance of any persons who have notified you that they do not wish to appear on the Web Site; and (iv) have secured all intellectual property rights necessary to perform your obligations and to authorize GRI's performance of its obligations under the Agreement.

8. Indemnity.
You shall indemnify and hold harmless GRI for (a) any claim related to the contents of the Images or any other elements provided by you; (b) any claims related to the Images by any persons appearing or not appearing in the Images; (c) any claims resulting from your breach of any covenant, representation or warranty contained in the Agreement; (d) any claim based on an individuals right of publicity; and (e) any claim arising from or relating from GRI's performance hereunder not solely caused by GRI's negligence or fault.

9. Force Majeure
GRI shall bear no responsibility or liability any costs or damages resulting from its inability to perform any of its obligations under this Agreement due to acts of God, the elements, strikes, shortage of parts, actions or decrees of governmental bodies, computer viruses, Internet connectivity failures or any other causes beyond the reasonable control of the affected party ("Force Majeure Event"). A Force Majeure Event shall not constitute a breach of this Agreement.

10. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Each party is acting as an independent contractor and is not the employee or agent of the other party. You may not assign the Agreement without the written approval of GRI. If any provision of the Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision of the Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of laws provisions. The parties hereby consent to the exclusive jurisdiction of State or Federal courts empowered to enforce this Agreement in the State of Michigan, County of Kent, and the parties waive any objection thereto based on personal jurisdiction or venue. If any action or proceeding is brought between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its expenses, including reasonable attorneys' fees and court costs. All notices and other correspondence shall be in writing and shall be given in person, by facsimile, or by electronic mail to the respective parties at the addresses given in the Photographer information section on ProlabExpress.com^®.