1. LIMITATION OF LIABILITY
1.1 The information provided by us as part of the services is believed to be reasonably accurate any additional illustration animation and data are believed to be accurate they provide a reasonable portrayal of the body part(s) they represent. However the information and images must not be used or relied upon for diagnosis or treatment of any medical condition. A licensed physician should be consulted for diagnosis and treatment of any and all medical conditions. We do not warrant that the information is free from errors and omissions. Physicians or other health care providers should not use the information or images as a sole resource for diagnostic or educational purposes. We do not warrant that the information or images meet any particular standard, and accept no liability for any action taken in reliance on them.
1.2 Subject to condition 13, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
1.2.1 Any breach of these conditions; and
1.2.2 Any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract.
1.3 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation. Your attention is in particular drawn to the provisions of condition
1.4 Subject to these conditions:
1.4.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the cost price of the services; and
1.4.2 We shall in no circumstances be liable for any loss of profit, loss of income, loss of contracts, loss of anticipated savings nor increased costs or expenses nor for any indirect, special or consequential losses of any nature which you may suffer. 1.5 We shall not be liable to you in any way for any losses, actual or potential, that you suffer arising from the unavailibility of the site or for any errors or omissions contained in the information provided by the services.
2.1 In these Conditions (“the Conditions”) the following words have the following meanings: Word Meaning “you” The person(s), firm or company who purchases the Services from us; “us” “we” “our” 4D Anatomy LLC 5509 E. Anderson Dr. Scottsdale AZ,85254 “Confirmation of Order” The e-mail confirmation from us of our acceptance of your on? line order; “Contract” Any contract between us and you for the sale, purchase and License of the Services, incorporating these Conditions; “License” The license granted to you to use the information contained in the Services in accordance with these Conditions; “Services” The provision of information on? line agreed in the Contract to be supplied to you by us (including any part or parts of such information). “Site” Our website located at www.4danatomy.com
2.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
3. PERFORMANCE/CANCELLATION OF CONTRACTS
3.1 No order placed by you shall be accepted by us until a Confirmation of Order is issued by us. We reserve the right to refuse any order for whatever reason.
3.2 You may cancel the Contract for any reason at any time within seven working days beginning with the day you receive the Confirmation of Order. You may cancel the Contract by contacting us in accordance with our previous instructions. If you commence using the Services before the expiry of the seven working days you shall not be able to cancel the Contract.
3.3 As soon as we receive notice of your cancellation your access to the Services shall be terminated.
3.4 Upon cancellation under Clause 3.2, we shall within 30 days of cancellation refund all payments made by you in respect of the Services.
3.5 If you fail to make payment in accordance with the terms of any Contract or if we have reason to believe that you will be unable to make payment in accordance with the terms of any Contract or you breach the terms of the Contract in any other way, then we may (at our own discretion, without liability on our part and without prejudice to any claim we may have against you) either:
3.5.1 terminate the Contract; or
3.5.2 suspend your access to the Services and require immediate payment in cash or immediate provision of adequate security for payment or such other action as we may require before reinstating access to the Services, failing which we may terminate the Contract.
4. APPLICATION OF TERMS
4.1 The Contract will be on these Conditions and any conditions contained in our Confirmation of Order to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
4.2 The display of information on the Site or anywhere else is not an offer by us but is an invitation to treat. Each order for Services by you shall be deemed to be an offer by you to purchase Services subject to these Conditions.
4.3 You must ensure that the terms of your order are complete and accurate.
5.1 All drawings, illustrations, descriptive matter, information, specifications and advertising issued by us and any descriptions or illustrations contained on our Site or in our catalogues, brochures or flyers are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of this Contract.
6.1 Unless otherwise agreed by us in writing or unless changed in our Confirmation of Order, the price for the Services shall be the price set out on the Site.
6.2 The price for the Services shall be exclusive of any value added tax and all costs or charges in relation to delivery all of which you will pay in addition when you are due to pay for the Services.
7.1 Payment of the price for the Services is due when you place your order and we will not allow access to the Services until we are in receipt of the payment price and any other charges.
7.2 No payment shall be deemed to have been made until we have received cleared funds.
8. INTELLECTUAL PROPERTY
8.1 The Services and the content of the Site and any other documentation of ours are protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site, any other documentation of ours or the information contained in the Services without our written permission.
9. THIRD PARTY WEBSITES
9.1 As a convenience to you, the Site may include links to other web sites which are beyond our control. We are not responsible for the content on the Internet or World Wide Web pages on any web site that you access via our Site.
10.1 We grant you a license to use the information contained in the Services subject to these Conditions and you agree to use the information contained in the Services in strict compliance with these Conditions.
11.1 We shall use our reasonable endeavors to provide the Services but we do not warrant that the Site will be continuously available.
11.2 We do not warrant that the Site and the information on it will be accurate, uninterrupted, error free or compatible with your browser.
11.3 ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE EXPRESSLY EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW AND SAVE AS PROVIDED OTHERWISE IN THIS AGREEMENT.
12.1 We may assign the Contract or any part of it to any person, firm or company.
13. FORCE MAJEURE
13.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Services ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate the Contract.
14.1 Each of our rights or remedies under the Contract is without prejudice to any other of our rights or remedies whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3 Our failure or delay in our enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
14.4 Any waiver by us of your breach of, or your default under, any provision of the Contract will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
14.5 This Contract shall be governed by Arizona laws and the parties submit to the exclusive jurisdiction of the Arizona courts but without prejudice to our right to bring or enforce proceedings in any other court or tribunal having competent jurisdiction.