ABC IMAGING TERMS OF USE

1. Acceptance of these Terms of Use

Use of the ABC Imaging website at www.abcimaging.com (the "Website") and the online services (the "Services") provided by ABC Imaging are subject to the terms and conditions of use set forth below ("Terms of Use"), which include the Privacy Policy set forth in our online privacy policy and incorporated into these Terms of Use by reference. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES. BY USING THE WEBSITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEBSITE ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEBSITE ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE OR THE SERVICES. ABC IMAGING MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEBSITE. USE OF THE WEBSITE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES.

 

2. Use of the Website and the Services

You may only use the Website and the Services in accordance with the Terms of Use, any posted policies and procedures that appear on the Website, and for lawful purposes. You agree not to use the Website to: (a) transmit any material that infringes or misappropriates any third party's copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner's consent, (d) use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permitted access or attempt to gain unauthorized access to the Website or any part thereof, or other accounts, computer systems or networks connected to the Website, through login password mining or any other means, (h) frame any portions of the Website within another website or establish links from any other website to any page of the Website other than the home page or (i) resell use of, or access to, the Website or the Services to any third party without our prior written consent. ABC Imaging reserves the right to terminate your access to the Website or Services at any time without notice if it determines, in its sole discretion that you have abused or violated any of these terms and conditions.

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.

9. Indemnification

You agree to indemnify and hold ABC Imaging, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys' fees) arising from any third-party claims arising from or related to your use of the Website, the Services or your violation of the Terms of Use.

10. User Privacy

ABC Imaging takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy.

11. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

12. Waiver and Remedies

The failure of ABC Imaging to partially or fully exercise any rights or the waiver of ABC Imaging of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by ABC Imaging or be deemed a waiver by ABC Imaging of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of ABC Imaging under these Terms of Use and any other applicable agreement between you and ABC Imaging shall be cumulative, and the exercise of any such right or remedy shall not limit ABC Imaging's right to exercise any other right or remedy.

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

The laws of the State of Maryland shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN MARYLAND FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE OR SERVICE.

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

These Terms of Use and the other policies and terms set forth on the Website set forth the entire agreement between you and ABC Imaging on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.

17. Questions?

Should you have any questions regarding these Terms of Use you may contact us at www.abcimaging.com. Notwithstanding the foregoing, ABC Imaging is under no obligation to provide end-user technical support for the Service.