TERMS OF SERVICE

WEBSITE TERMS OF USE

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DATED: 24 February 2022

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INTRODUCTION

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This Website and the services of Connor Augustine, dba, AUG IMAGING, hereafter referred to as AUG Imaging are offered to you the customer, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement called and including all "Terms and Conditions".   These terms of use agreements (together with the documents referred to in it) are legal agreements between you and the seller, AUG Imaging for use of our website (the "Website"), and the purchase of services and products from us.

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By using the website, submitting service requests, and/or purchasing services and goods from us, you must read, agree with and accept all the terms and conditions contained in this agreement. You agree that any use by you of the website, submission of service requests, and/or the purchase of services and/or goods through the website shall constitute your acceptance of the agreement. 

 

These Terms and Conditions apply to any provided services or properties such as websites, web and mobile applications owned and operated by AUG IMAGING.  

 

If you have any questions regarding these Terms & Conditions, please contact us at info@augimaging.com

 

We may amend this Agreement at any time by posting the amended terms on our website and in all of our applications. We  may or may not post notices on the homepage of our Website when such changes occur.

 

We refer to this Agreement, including our Privacy Policy Section # 20 described below, as our TERMS and CONDITIONS. You explicitly and implicitly agree to be bound by these Terms and Conditions each time you access our website. If you do not wish to be so bound, please do not use or access our website.

 

 

 

TERMS AND CONDITIONS

 

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION # 18.

 

1.  ACCOUNT REGISTRATION

 

To access some features of this website a user must first complete a contact and project interest form. During registration a user is required to give certain information (such as name, project location, and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.

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1.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

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1.2 If you breach clause 1.1, you will be committing criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.

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1.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

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1.4 When you visit this Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

 

2.  INFORMATION ACCURACY

While we use best efforts to provide timely updates and accurate information, occasionally the information contained in the website may be out of date including price changes which may be modified at any time prior to your confirmed service request. All confirmed service requests will be honored at the paid in full price without increase.

 

3.  PAYMENT, REFUND POLICY, AND CANCELLATION TERMS

We may allow you to pay for services provided by AUG IMAGING through our Website. You may also pay by check or cash for selected services.

 

3.1 Should you have any dispute with the services and/or goods provided by AUG IMAGING please notify us in writing immediately via email at: info@augimaging.com  If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for specified services, the purchase of the services and/or goods is final and you will not be entitled to a refund, except as may expressly be limited by federal, state or local law.

 

3.2 Payment for all services are due in full before any site-visit, imaging capture, or delivery of final electronic imaging products.  Upon project completion AUG IMAGING will confirm that all payment has been received before delivering any project files or materials associated with your specific project.

 

3.3 If AUG IMAGING does not receive payment for any services prior to the start of a scheduled appointment, home visit, or site visit AUG IMAGING will cancel all appointments and scheduled work to be performed.  All checks should be made payable to: AUG Imaging. When our site accepts credit card payments via a third-party processor, those credit card payments will be assessed a three-and one-half percent (3.5%) additional processing fee from the listed prices.

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3.4 Right of Rescission: You the consumer can rescind any contract formed with AUG Imaging within three business days from the date you signed the contract. If your cancellation request is made within three business days from the date of signing, you will receive all payment refunded back to you without penalty.  If you cancel within three business days and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

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4. FULFILLMENT AND DELIVERY POLICY

AUG Imaging will provide custom fulfillment and delivery timelines for all customers requiring on-site image capture and processing.  After establishing a mutually agreeable time to visit your site and complete image capture, AUG will provide you with an estimated delivery date when you can expect all goods to be delivered electronically.  In most cases, electronic delivery will occur within one week of site-visit and image capture.  For larger projects requiring multiple site visits, a custom delivery schedule will be discussed and included for review upon contract signing.

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Upon purchase of any electronic good that does not require an in-person site visit or image capture (i.e digital photographic prints, video files, 3D models, or virtual tours hosted online by AUG Imaging) those electronic goods will be electronically delivered immediately upon purchase.

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If AUG IMAGING does not receive payment for any services prior to the start of a scheduled appointment, home visit, or site visit AUG IMAGING will cancel all appointments and scheduled work to be performed.

 

 

5.    NOT LEGAL ADVICE

The suggestions and advice provided by AUG IMAGING, to clients and or customers are not, nor is intended to be legal advice. No attorney client relationship is established with client and or customers.

 

If legal advice is required by a client and or customer, they should contact the appropriate Bar Association’s legal referral service in their state.

 

6.   NOT LICENSED SURVEYING OR MAPPING

 

AUG Imaging does not provide any aerial surveying or mapping services and/or products.  All imaging services and products created and produced by AUG Imaging for all clients are artistic in nature only, and are hereafter exclusively copyrighted pieces of art.  AUG Imaging does not provide any metadata that could be used to measure, locate, or extract geospatial information regarding distance, height, elevation, contours etc. 

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AUG Imaging uses artistic rendering software most used in video game development and 3D asset creation to create each piece of unique art including 3D Models both digital and printed. All of AUG Imaging services and products are not to be confused with licensed surveying and mapping under any circumstance.  Any violation or misuse of AUG Imaging will result in termination of your account, denial of access to our products and services, and a written report detailing your misuse mailed to the appropriate board of conduct.

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If during the course of a consultation AUG Imaging discovers that your project requires a licensed surveyor or mapping specialist AUG Imaging will notify you of this requirement and refer you to an updated list of licensed surveyors for your area.

For current listings of licensed surveyors and mappers in your area please visit: Florida National Surveying Society

 

7.  DESCRIPTION OF SERVICE

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AUG IMAGING services include but are not limited to Aerial photography, aerial videography, reality capture scanning, and photography services. Connor Augustine maintains a Federal Aviation Administration part 107 UAS pilots license that grants him the ability to pilot Unmanned Aerial Systems or ‘drones’ commercially.

 

AUG IMAGING reserves the right to accept or reject any potential new service requests without explanation if AUG IMAGING is unable to provide the requested service. There will be times where other opinions and expertise are required from various tradespeople and/or licensed professionals. AUG IMAGING has no affiliation with any tradesperson and/or licensed professional. All clients are advised to first contact those other tradespeople and/or licensed professionals before engaging in the services of AUG IMAGING if they believe their situation pertains directly to their specific expertise so as not to have to also incur payment to AUG IMAGING.

 

 

8.  ADDITIONAL PURCHASED SERVICES

For services which exceed the allotted purchased time/scope, the client shall have the option to continue the service at a fixed rate of $250.00 per each hour of performed work.  For 360-degree site captures, each additional capture [Image taken] beyond the quoted allotment shall be billed at a fixed rate of $111 per image captured, regardless of if that image is used in the final digital product or not. 

 

9.  USER GENERATED CONTENT

By posting any and all information on Augimaging.com, including, but not limited to: Photographs, videos, images and/or blog posts. You as well as your agents and/or designees agree to grant AUG IMAGING a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, and publish your content in any format or media (whether now know or hereafter created) on the AUG IMAGING website.

 

10.   REPRESENTATION OF LEGAL AGE, OWNERSHIP, ACCURACY, AND RIGHT TO USE CONTENT

By using this website and its services, you affirm that all the information provided to AUG IMAGING whether through the website, via phone consultation, text or email is true and accurate. By posting or providing content to AUG IMAGING, you represent and warrant to AUG IMAGING that you own or have all necessary rights to use the Content, and grant to AUG IMAGING  the rights granted in these Terms and Conditions. The forgoing representation includes but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted above in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

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11.   CONTENT GUIDELINES

AUG IMAGING reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any AUG IMAGING owned or operated websites or apps if AUG IMAGING determines (in its sole discretion) that such content contains or features any of the following:

1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech.)

2. references to illegal activity

3. Language that violates the standards of good taste or the standards of this Site.

4. Statements that are or appear to be false S

5. Comments that disparage AUG IMAGING

   • Information not related to work requested in the service request.

   • If a dispute arises between a client and AUG IMAGING, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only Rate and Review the performed services for you pursuant to your applicable service request.

 

AUG IMAGING grants you a non-exclusive, non-transferable, revocable license to access and use our website for you to make purchases of services and products through our website, strictly in accordance with our Terms and Conditions.

 

12. COPYRIGHTS AND TRADEMARKS

 

Unless otherwise mentioned, all items including without limitation, logos, brand names, images, designs, photographs, video clips, artwork, paintings and written and other materials that appear as part of our website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by AUG IMAGING. Nothing on our Website should be understood as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property listed on our website, without the prior written permission of the Intellectual Property owner. AUG IMAGING diligently fully enforces its intellectual property rights within the scope of the law. The names and logos of AUG IMAGING™ & AUG™ must not be used in any way, including in advertising, social media, or publicity pertaining to distribution of materials on our website, without prior, written permission from AUG IMAGING. AUG IMAGING prohibits use of any logo of AUG IMAGING or any of its affiliates as part of social media account creation or in a link to or from any Website unless AUG IMAGING approves such action in advance and in writing. Fair use of AUG IMAGING Intellectual Property mandates appropriate acknowledgement. Other product and company names listed in our website may be the Intellectual Property of their respective owners.

 

13. LINKS TO THIRD PARTY WEBSITES

 

Our website may contain links to Websites owned or operated by parties other than AUG IMAGING. Such links are provided for your reference only. AUG IMAGING does not monitor or control outside Websites and is not responsible for their content. The inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does AUG IMAGING ’s inclusion of the links imply that AUG IMAGING is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

 

14. CONTENT DISCLAIMER

 

Postings on our Website are made at such times as AUG IMAGING determines in its discretion. You should not assume that the information contained on our website has been updated or otherwise contains current information. AUG IMAGING does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

 

15.  SPECIAL PROMOTIONS; GIFT CARDS AND VOUCHERS. 

 

15.1 Changes to Promotions.

We may from time to time provide certain promotional opportunities All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.

 

15.2 Promotional Credit.

Promotional credit is only eligible for the specific services designated by AUG IMAGING. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. AUG IMAGING reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. AUG IMAGING promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the AUG IMAGING Platform. Promotional credits may not be purchased for cash and AUG IMAGING does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction-based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your AUG IMAGING account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once, and your AUG IMAGING account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account and may not be applied to any other account.

 

15.3 Vouchers.

AUG IMAGING vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions.

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16.  NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION

 

OUR WEBSITE IS OPERATED BY CONNOR AUGUSTINE, dba, AUG IMAGING™ ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AUG IMAGING SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT  FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. AUG IMAGING SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER AUG IMAGING  OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL AUG IMAGING ’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO AUG IMAGING FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

WITHOUT LIMITING THE FOREGOING, AUG IMAGING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

 

AUG IMAGING AND ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.

 

AUG IMAGING MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

 

17.   INDEMNIFICATION 

 

You agree to defend, indemnify, and hold AUG IMAGING harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

 

18.   DISPUTE RESOLUTION: AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW

The exclusive means of resolving any dispute between you and AUG IMAGING or any claim or controversy arising out of or relating to use of any and all Websites, apps, and/or AUG IMAGING 's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by any independent panel of arbitrators in accordance with the rules and procedures established by the AMERICAN ARBITRATION ASSOCIATION EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW.

 

You may not under any circumstances commence, participate in or maintain against AUG IMAGING any class action, class arbitration, or other representative action or proceeding.

 

YOUR CONSENT AND APPROVAL TO RESOLVE ANY AND ALL CLAIMS RELATING TO ANY AND ALL USE OF THE SERVICES OF CONNOR AUGUSTINE, DBA AUG IMAGING AND ALSO ANY AND ALL CONTENT AND RELATED SERVICES CONTAINED IN THE WEBSITE OF AUGIMAGING.COM IS CONTINGENT ON YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE FOLLOWING ARBITRATION CLAUSE:

 

ARBITRATION CLAUSE

 

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR BREACH THEREOF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

 

DISPUTES ALLEGING CRIMINAL OR STATUTORY VIOLATIONS ARE PRECLUDED FROM ARBITRATION PROCEEDINGS. DECISIONS REACHED BY THE ARBITRATOR (S) WILL BE BASED ON STANDARDS OF FAIRNESS AND/OR APPLICATION OF THE LAW.

 

THE PARTIES OF THIS CONTRACT AND/OR ARBITRATION CLAUSE, I.E. (THE PARTIES) AGREE THAT IN THE EVENT ANY FUTURE DISPUTE SHOULD ARISE FROM THIS CONTRACT WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, THE PARTIES WILL ONLY SEEK TO RECTIFY THEIR CLAIMS THROUGH BINDING ARBITRATION.

 

THE PARTIES FURTHER AGREE THAT ANY DISPUTE ARISING FROM THIS CONTRACT WILL BE KEPT CONFIDENTIAL AMONGST THE PARTIES INCLUDING THE FACTS OF THE DISPUTE, ITS RELATED DOCUMENTS AND THE ARBITRATION DECISION.

 

THE PARTIES FURTHER AGREE THAT ANY FUTURE ARBITRATION DECISION IS BINDING ON ALL PARTIES AND MAY NOT BE APPEALED.

 

CONNOR AUGUSTINE dba AUG IMAGING / Date

 

CLIENTS INITIALS / Date

 

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*NOTICE OF RIGHTS*

1. By using the Website and/or AUG IMAGING 's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and AUG IMAGING YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

2. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against AUG IMAGING may be commenced only in the federal or state courts located in Miami, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes

3. These Terms and Conditions, and any dispute between you and AUG IMAGING, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

19. GENERAL PROVISIONS

You acknowledge and agree that the AUG IMAGING Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and AUG IMAGING 's sole obligation to you or any third party for any claim arising out of your use of the AUG IMAGING Services, is that you are free to discontinue your use of AUG IMAGING Services at any time.

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AUG IMAGING EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT AUG IMAGING SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF AUG IMAGING HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

The Terms and Conditions will inure to the benefit of AUG IMAGING 's successors, assigns and licensees. If any provision of these Terms and

 

Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforce-ability of the remaining terms. The failure of AUG IMAGING to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

These Terms and Conditions constitute the entire agreement between you and AUG IMAGING and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

 

20.   PRIVACY POLICY

This privacy notice discloses the privacy practices for www.augimaging.com. This privacy notice applies solely to information collected by this website. It will notify you of the following: What personally identifiable information is collected from you through the website, how it is used and stored, and with whom it may be shared.

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INFORMATION WE MAY COLLECT ABOUT YOU

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We may collect and process the following information about you:

• Identity Data, including title, first name, last name.

• Contact Data, including billing address, delivery address, email address and telephone numbers.

• Financial Data, including payment card details.

• Transaction Data, including details about payments to and from you and other details of products and services you have purchased from us.

• Profile Data, including purchases or orders made by you, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).

• Technical Data, including internet protocol (IP) address, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this website.

• Usage Data, including information about how you use our website, products and services.

• Tracking Data, including information we or third-party providers collect about you from cookies and similar tracking technologies like tracking pixels;

• Marketing and Communications Data, including your preferences in receiving direct marketing from us, and records of your emails or calls to us.

 

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to provide topic advice.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

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Your Access to and Control Over Information

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Under certain circumstances, by law, you have the right to:

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• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a confirmation from us as to whether we process any of your personal information or not, and if this is the case, to receive a copy of such personal information and to check that we are lawfully processing it.

• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

• Request erasure of your personal information (often referred to as “the right to be forgotten”). This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground.

• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it, or if we no longer need your data for our legitimate interests but we need to hold some of it for the purpose of legal proceedings.

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Please note that if you request erasure, object to our processing of your personal data or request the restriction of our processing of your personal data we may not be able to provide our services and we may need to deactivate your account on our website.

You also have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can always unsubscribe from our email communications at any time by following the unsubscribe link in our email communications.

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If you wish to exercise any of the rights set out above, please email us at info@augimaging.com and let us know the details of your request, for example by specifying the personal data you want to access, the information that is incorrect and the information with which it should be replaced.

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You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee or refuse to comply with your request if it is clearly unfounded, repetitive or excessive.

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We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

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We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

 

Registration

In order to use parts of this website, a user must first complete a contact and registration form. During registration a user is required to give certain information (such as name and email address and project location). This information is used to contact you about the products/services on our site in which you have expressed interest.

 

Credit Card Payments

We request information from you on our order form. To purchase our services, you may have to provide contact information (like name and address) and financial information (like credit card number, expiration date) if not paying by check or cash. This information is used for billing purposes and to process your service order. If we have trouble processing an order, we’ll use this information to contact you.

 

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

 

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

Cookies

We may use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.  We also will never sell your information. 

 

Can you block Cookies?

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As explained above, cookies help you to get the most out of the Website.

However, if you do wish to disable cookies then you can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.

Please remember that if you do choose to disable cookies, you may find that certain sections of the Website do not work properly.

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We may use an outside credit card processing company to bill users for our services.

 

These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

 

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

 

Special Promotions, Vouchers, Gift Cards, Contests & Surveys

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

 

If you have any comments regarding this privacy policy, you should contact us via email at info@augimaging.com

 

 

 

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