Terms & Conditions
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 email@example.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.
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.
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.
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.
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.
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: firstname.lastname@example.org 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.
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.
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.
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.
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.
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.
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
AUG IMAGING services include but are not limited to Aerial photography, aerial videography, reality capture scanning, and photography services. AUG maintains a Federal Aviation Administration part 107 UAS pilots license that grants 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.
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.
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:
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.)
references to illegal activity
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false S
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™, ALWAYS UNCOVER GREATNESS™ 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.
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.
16. NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
OUR WEBSITE IS OPERATED BY 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.
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 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:
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.
AUG IMAGING / Date
CLIENTS INITIALS / Date
*NOTICE OF RIGHTS*
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.
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
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.