2. Use of the Website and the Services
3. Responsibility for ID Number, Password, and Security
You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by ABC Imaging for use in connection with the Website or the Services. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify ABC Imaging immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Website. ABC IMAGING WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
4. Provision of Services
ABC Imaging's provision to you of the Services may be subject to other terms, conditions and restrictions set forth on the Website or otherwise communicated in writing to you by ABC Imaging, including via email. The Services are subject to availability and all price quotes are estimates.
5. Intellectual Property and Proprietary Rights
The Website, certain content therein, the Services and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by ABC Imaging and its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Website without ABC Imaging's prior permission; provided, however, that you may download or print a copy of information from the Web for your use in learning about, reserving, or using the services. ABC Imaging grants a limited license to access this site and not to download (except for page caching) or modify it, or any portion of it without the express consent of ABC Imaging. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be duplicated, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of ABC Imaging.
6. License Restrictions
You may not (a) reverse engineer, decompile, or disassemble any of ABC Imaging's web sites or its web-based software; (b) modify or create derivative works based upon the software in whole or in part; (c) resell, lease, rent, transfer, sublicense or otherwise transfer rights to the software. Any such forbidden use shall immediately terminate your license. Violation of such License Restrictions mentioned herein, will result in the pursuit of punitive damages to the full extent of the law.
7. Warranty Disclaimer
THE WEBSITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED BY ABC IMAGING ON AN "AS IS" BASIS, AND NEITHER ABC IMAGING NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE OR THE SERVICES. IN ADDITION, ABC IMAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER ABC IMAGING NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
8. Limitation of Liability
IN NO EVENT WILL ABC IMAGING, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR ANY WEBSITES LINKED TO THE WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ABC IMAGING KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ABC IMAGING'S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR THE SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO ABC IMAGING FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that ABC Imaging has agreed to provide the Website and the Services in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
10. User Privacy
12. Waiver and Remedies
13. International Access
This Website and Service is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website and Service. We make no representations regarding the legality of this Website and Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
14. Governing Law
15. Force Majeure
ABC Imaging shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Website or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of ABC Imaging.
16. Entire Agreement