terms & conditions
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE A RESIDENT OF THE UNITED STATES OR A BUSINESS ENTITY ORGANIZED UNDER UNITED STATES FEDERAL OR STATE STATUTE, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of an organization further exemplify and warrants that they are licensed to act and enter into contracts on behalf of that organization. This Agreement is void where restricted.
Subject to Your agreement with the terms and conditions of this contract, Arthur Imaging grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website and Services. THE WEBSITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE., The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Arthur Imaging. All rights not expressly granted hereunder are reserved by Arthur Imaging. This Agreement grants You no rights in or to the intellectual property of Arthur Imaging or any other party. Arthur Imaging preserves ownership of the Website and Services and all right, title, and interest therein, including without restriction of all intellectual property rights therein, and You acknowledge and agree that Your are accessing only a limited right to use the Website and Services as licensed hereunder. The license admitted in this category is conditioned on Your consent with the terms and conditions of this Agreement. In the affair that You breach any foundation of this Agreement, Your rights under this section will immediately discontinue.
6. User Information/Password Protection
In relation with Your use of the Services, You may be required to d a registration form. You represent and permit that all information You give on any registration form or otherwise in connection with Your use of the Website and Services will be complete and correct, and that You will update that information as required to maintain its completeness and accuracy by visiting Your account. You may also be contacted to provide, or may be provided, a user name and password in connection with certain of the Services. You are solely responsible for maintaining the sensitive information of Your password. You are not allowed to use the account, user name, or password of someone else at any given time. You consent to contact Arthur Imaging right away of any unauthorized use of Your account, user name, or password. Arthur Imaging shall not be responsible for any loss that You obtain as a result of someone else using Your password, either with or without Your consent. You may be held responsible for any losses acquired by Arthur Imaging, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also swiftly notify Arthur Imaging if any credit card that You have given to us is lost, stolen, or used without consent.
7. Third-Party Websites
The Website is linked with the websites of a number of third parties ("Third-Party Websites"), some of whom have settled relations with Arthur Imaging and some of whom do not. Arthur Imaging does not have control over the content and performance of Third-Party Websites. Arthur Imaging HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, ARTHUR IMAGING DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. ARTHUR IMAGING DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
8. Product Descriptions
Arthur Imaging attempts to be as accurate as possible in its product, pricing, and rebate information; but, Arthur Imaging cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or free of mistakes. In the event that information is incorrect due to typographical, informational, technical or other errors, Arthur Imaging will not be responsible for any loss or discrepancy with correct data. If a product offered on the Website is not as described, or does not meet your expectations, Your sole option is to return the product in accordance with our Return Policy.
9. Product Pricing
Except as otherwise noted, the price shown for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Arthur Imaging cannot confirm the price of an item until You place an order; however, Arthur Imaging does not charge Your credit card, debit card or PayPal account until after your order has been submitted into the shipping process. Despite Arthur Imaging’s best efforts, a small number of items on the Website may be mispriced. If an item’s correct price is higher than the stated the price, Arthur Imaging will, at Arthur Imaging’s sole discretion, either contact You for instructions before shipping or cancel Your order and contact You of such cancellation.
10. Payment Methods
Arthur Imaging accepts credit cards, debit cards, PayPal, personal checks, money orders and cash. Arthur Imaging may obtain pre-approval from the credit card/debit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to Your credit card, debit card or PayPal account occurs at the point of shipping or shortly thereafter. Arthur Imaging accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Arthur Imaging accepts debit cards with Visa or MasterCard logos.
11. Sales and Use Tax
Local sales or use tax may apply to your order depending on the order’s “ship to” address. Your order may be subject to sales and/or use tax as identified below.*
Orders with a shipping address located within the State of California are subject to California State sales tax of 6.5% and any local sales taxes applicable to the “ship-to” address.
The retailer is not manditory to and does not collect Kentucky sales or use tax. The purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means.
The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue’s internet web site.
Orders with a shipping address within the State of Pennsylvania are subject to a 6% sales tax. Orders shipped to an address within Allegheny County may be subject to a 1% use tax. Orders shipped to an address within Philadelphia County may be subject to an additional 2% use tax.
Orders with a shipping address within the State of Tennessee are subject to a 9.25% sales tax.
All purchases on the Website are subject to product availability and will be shipped according to Arthur Imaging’s shipping policies. Please review the Shipping Information page on the Website for additional information on shipping times, rates and policies. In the rare event that Your order never gets delivered, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
13. Return Policy
All sales made through the Website are subject to Arthur Imaging’s return policies. For a complete breifing of the return policies, please review the Return Policy page on the Website.
14. Consent to Receive Email
By creating an account with Arthur Imaging, You are allowing to receive periodic email notifications from Arthur Imaging concerning Arthur Imaging’s products and services, including without restriction, order confirmations, updated product information, special deals, and inquiries regarding the quality of our service.
15. Prohibited Uses
Arthur Imaging imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that You will not, without limitation: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all product listings, prices or descriptions, designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, code, and other files, and the selection, arrangement and organization thereof (collectively, “Arthur Imaging Content”); (c) use any software that enables copying or duplication of the Arthur Imaging Content for later off-line viewing; (d) distribute, display, modify, transmit, resell, reuse, or repost the Arthur Imaging in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of Arthur Imaging; (e) provide false, misleading or inaccurate information to Arthur Imaging; (f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (g) harvest or otherwise collect information about Arthur Imaging users, including email addresses and phone numbers; (h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (i) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (k) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (l) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; (m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
16. Intellectual Property
(a) Trademarks. AMI Brothers Inc, Arthur Imaging, Arthur Mall and the “Arthur Imaging logo” (the "Arthur Imaging Marks") are trademarks or registered trademarks of AMI Brothers, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Arthur Imaging Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Arthur Imaging Marks generated as a result of Your use of the Website and Services will inure to the benefit of AMI Brothers, Inc., and You agree to assign, and hereby do assign, all such goodwill to AMI Brothers, Inc.. You shall not at any time, nor shall You assist others to, challenge AMI Brothers Inc.’s right, title, or interest in or to, or the validity of, the Arthur Imaging Marks. (b) Copyrighted Materials; Copyright Notice. The Arthur Imaging Content and other materials available through the Website and Services are either owned by AMI Brothers, Inc. or are the property AMI Brothers Inc.’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2013 to the present, AMI Brothers, Inc. ALL RIGHTS RESERVED.
17. Disclaimers; Limitation of Liability
(a) NO WARRANTIES. ARTHUR IMAGING, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTHUR IMAGING, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER ARTHUR IMAGING NOR LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ARTHUR IMAGING NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. (b) YOUR RESPONSIBILITY FOR DAMAGE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD ARTHUR IMAGING OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. (c) LIMITATION OF LIABILITY. THE LIABILITY OF ARTHUR IMAGING AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ARTHUR IMAGING OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ARTHUR IMAGING OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ARTHUR IMAGING AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO ARTHUR IMAGING DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARTHUR IMAGING AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. (d) APPLICATION. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND ARTHUR IMAGING OR BETWEEN YOU AND ANY OF ARTHUR IMAGING’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ARTHUR IMAGING ‘S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
18. General Representation and Warranty
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Arthur Imaging policies, and with any applicable laws or regulations.
19. Indemnity by You
You agree to defend, remit and hold harmless Arthur Imaging and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the "Arthur Imaging Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without condition any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your to Arthur Imaging or any of Arthur Imaging Parties of information or other data. The Arthur Imaging Parties will have the right, but not the liability, to participate through advisement of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Arthur Imaging Parties. You may not settle any Claim without the previous written consent of the concerned Arthur Imaging Parties.
20. Liquidated Damages
You acknowledge and agree that it would be difficult to verify the exact amount of damages that Arthur Imaging would suffer as the result of the theft of Website text, graphics or images, especially if such stolen text, graphics or images are exploited for commercial use, whether in connection with the sale of printing supplies or otherwise, on a website or any other digital source. Therefore, You agree that, in the event You steal, copy without permission or otherwise misappropriate Website text, graphics or images, Arthur Imaging will be entitled to recover from You liquidated damages in the amount of five thousand ($5,000.00) dollars per text selection, graphic or image that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable estimate of the damage that Arthur Imaging would suffer. ANY ACTION BY Arthur Imaging TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF ARTHUR IMAGING’S RIGHT TO PURSUE, AT ARTHUR IMAGING’S SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO ARTHUR IMAGING UNDER THIS AGREEMENT OR BY LAW.
21. Governing Law; Jurisdiction and Venue
This Agreement shall be treated as though it were executed and performed in Los Angeles, California and, subject to the arbitration provisions below, shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. (a) REQUIREMENT OF ARBITRATION. BY USING THE WEBSITE OR SERVES, OR PURCHASING PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY ARTHUR IMAGING OR THROUGH THE WEBSITE, YOU THEREBY AGREE WITH ARTHUR IMAGING THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ARTHUR IMAGING WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (“JAMS”). AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH ARTHUR IMAGING OR THE ARTHUR IMAGING INDEMNIFIED PARTIES, OR ANY CLAIM ARTHUR IMAGING HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE SERVICES, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY ARTHUR IMAGING OR THROUGH THE WEBSITE, OR ANY ADVERTISING RELATING TO THE WEBSITE, SERVICES OR PRODUCTS AND SERVICES SOLD AND DISTRIBUTED ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES THEN IN EFFECT (THE “STREAMLINED RULES”). (b) WAIVER OF RIGHT TO A JURY TRIAL. BY USING THE WEBSITE OR SERVES, OR PURCHASING PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY ARTHUR IMAGING OR THROUGH THE WEBSITE, YOU ALSO AGREE WITH ARTHUR IMAGING THAT YOU AND ARTHUR IMAGING HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, ARTHUR IMAGING OR THE ARTHUR IMAGING INDEMNIFIED PARTIES, BOTH YOU AND ARTHUR IMAGING STILL AGREE TO WAIVE TRIAL BY JURY. (c) JOINDER OF CLAIMS. BY USING THE WEBSITE OR SERVES, OR PURCHASING PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY ARTHUR IMAGING OR THROUGH THE WEBSITE, YOU ARE FURTHER AGREEING WITH ARTHUR IMAGING THAT NEITHER YOU NOR ARTHUR IMAGING WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR ARTHUR IMAGING WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE. (d) NO EFFECT ON SUBSTANTIVE RIGHTS. THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR ARTHUR IMAGING’S SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE WEBSITE, THE SERVICES, OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST ARTHUR IMAGING AND THE ARTHUR IMAGING INDEMNIFIED PARTIES OR ON YOUR BEHALF. (e) FINALITY, APPLICATION OF ARBITRATION AWARD. ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. (f) Interpretation. This agreement to arbitrate will be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. In rendering an award, the arbitrator shall apply the substantive and procedural law of the State of California, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law. (g) Hearings; Fees and Costs. Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Streamlined Rules would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Streamlined Rules. Arthur Imaging will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Arthur Imaging will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. (h) Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude either you or Arthur Imaging from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. . THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS. (i) Information. Information on JAMS may be obtained at any office of JAMS, online at http://www.jamsadr.com/, or by mail at 1920 Main Street, Suite 300 Irvine, CA 92614.
(a) Termination; Survival. Either party may abolish this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Arthur Imaging. Upon termination, all rights, licenses and accountability created by this Agreement will cease, except that 1-7, 14-22 and 24 will survive any termination of this Agreement. (b) Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Subsequent to termination, Arthur Imaging reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider. (c) Legal Action. If Arthur Imaging, in Arthur Imaging’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Arthur Imaging will be entitled to recover from You as part of such legal action, and You agree to pay, Arthur Imaging’s reasonable costs and attorneys’ fees incurred as a result of such legal action. Arthur Imaging Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
All notices needed or permitted to be given under this Agreement must be in writing. Arthur Imaging shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Arthur Imaging. You agree that any notice given from Arthur Imaging electronically appeases any legal requirement that such notice be in written format. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ARTHUR IMAGING IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ARTHUR IMAGING OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Arthur Imaging by means of: (1) U.S. mail, postage prepaid, to 1001 Bayhill Dr. Ste 200 San Bruno, CA 94066; or (2) email to: email@example.com. Notice to Arthur Imaging shall be effective upon receipt of notice by Arthur Imaging.
This Agreement constitutes the entire agreement between Arthur Imaging and You concerning Your use of the Websites. This Agreement and any other written agreements executed between You and Arthur Imaging constitute the entire agreement concerning Your use of the Services. This Agreement may only be altered by a written amendment signed by an authorized executive of Arthur Imaging or by the unilateral amendment of this Agreement by Arthur Imaging and by the posting by Arthur Imaging of such amended version. If any part of this Agreement is held invalid or not enforceable, that section will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any following breach thereof. This Agreement and all of Your rights and agreements hereunder will not be assignable or transferable by You without the prior written permission of Arthur Imaging. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Arthur Imaging are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for Arthur Imaging Parties as and to the extent set forth in Sections 15and19 and Arthur Imaging’s licensors and suppliers as and to the extent expressly set forth in Section 17, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to Arthur Imaging and Arthur Imaging’s licensors and suppliers, and would therefore entitle Arthur Imaging or Arthur Imaging’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and will not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
* Information on this page is updated overtime and possibly will change.