Important Legal Notices
Use of this Website and any of the related Products and Services (as defined below) is only available to persons who are 18 years of age or older. If you are under this age, please do not use this Website or the related Products and Services.
1. Products and Services
b. Changes and Termination
We may makes changes to all or any portion of the Products and Services at any time in our sole discretion without prior notice by making the changes on the Website or posting notice of the change on the Website. Any such change shall be effective as of the date such change is made by us on the Website, or the date such change is designated to become effective, whichever is later. We may also terminate all or any portion of this Website and/or the Products and Services at any time in our sole discretion without prior notice by any appropriate means, including without limitation, terminating the Website, eliminating the Products and Services from the Website, or posting notice of the termination on the Website. Any such termination shall be effective as of the date of such elimination or the date designated in any notice of termination, whichever is later. We will not be required to refund any amount paid by, or have any other obligation to, you or any third party related to any change, modification or termination of all or any portion of the Products and Services.
2. No Representations or Warranties
The content, information, documents, graphics and images published on this Website and that are a part of the Products and Services are general in nature, and do not take particular circumstances into account. As a result, such content, information, and documents may not be appropriate in all circumstances. Because of the general nature of this Website and the Products and Services, users of this Website should not rely upon opinions expressed on or information contained in this Website when making business, financial, personal, or other decisions.
Similarly, the Website and the Products and Services are not intended to be legal, tax or accounting advice. We recommend that you obtain, and you agree to obtain as you deem appropriate, competent legal, tax, accounting, and other professional assistance in making decisions affecting your business and personal affairs. We are available for private consultation in our areas of specialty, as provided in this Website and by separate agreement.
Consequently, and without limiting the foregoing,
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS WEBSITE OR THE SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
4. Website Links and Third-Party Sites
This Website may contain links to other websites that are independent of this Website. We provide these links solely as a convenience. By clicking on a link, you are leaving this Website and going to another website that is not under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.
Furthermore, these links may lead to websites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these websites or for any damage sustained by users of these websites.
Furthermore, some links may advertise and/or present offers to sell or buy products and/or services. We are not involved in any such advertisements, offers or transactions between you and any other party advertising or offering to sell or buy products or services. Nor are we acting as your agent or any other party's agent. We cannot ensure that any purchase or sale of goods or services will actually be completed. It is your responsibility to determine whether the purchase or sale of any such products or services is authorized by law, statute, code, rule or regulation. Further, because we are not involved in any transactions between you and any other party advertising or offering to sell or buy products or services, we cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of advertised or offered products and services.
You must be at least 18 years of age to offer to buy or to buy any Products and Services.
YOU HEREBY AGREE TO RELEASE US, OUR MANAGERS, EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, CONSULTANTS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT OR INDIRECT, ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, AND ANY OTHER USE OF OTHER WEBSITES AND RELATED SERVICES LINKED TO THIS WEBSITE.
6. Limitation on Damages
Except as provided in the preceding paragraph, nothing contained in this Website or related to the Products and Services shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Website or the Products and Services may be reproduced, republished, copied, transmitted, modified, altered or distributed in any form or by any means, or be used to create any derivative works, or be used for any other commercial purpose, except by us in each case.
9. Claims of Copyright Infringement
We respect the intellectual property of others. If you believe that any material on this Website or used in connection with the Products and Services infringes on any copyright, trademark, service mark, or patent that you own or control, or that any link on this Website directs you to another Website that contains material that infringes on any copyright, trademark, service mark, or patent that you own or control, you may notify us by providing our copyright agent the information required by the Digital Millennium Copyright Act, 17 U.S.C § 512. Our agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:
8580 Avenida de la Fuente, Ste F
San Diego, CA 92154
11. Governing Laws in Case of Dispute
12. Multiple Jurisdictions
We do not represent that all of the Products and Services or the content, materials and services on our Website are appropriate or available for use in all geographic locations, especially some locations outside the United States of America, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and information in the Website and the Products and Services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access this Website or utilize the Products and Services in any location where the same are prohibited by law. Nothing in this Website or the Products and Services shall be construed to mean that we are engaged in any business in any jurisdiction in which we are not properly licensed to do so.
13. Integration; Modification; Severability
We and/or our affiliates are holders of the following trademarks and service marks:
The Box II ™
Photo eBox II™
Photo eBox PLUS™
Photo eBox PLUS 1419™
MK 1012 DD™
MK 1416 DD™
MK Sparkle Light™
MK Millennium Diamond Reader™
MK Clarity Master™
MK Dental X-Ray™
MK Mini-Lite 350-2™
Any rights to such trademarks and service marks not expressly granted herein are reserved.
16. Resolution of Disputes
The arbitration shall be held before one arbitrator, who will be selected as provided in this paragraph. Within ten (10) days after the filing of any request to arbitrate, as provided in this Section, the parties involved in the arbitration shall select an arbitrator, who will be the sole arbitrator (the "Arbitrator"). If the parties are unable to agree upon an Arbitrator within such ten (10) day period, each of them shall within twenty (20) days from the date of such filing select an arbitrator, and the selected arbitrators shall select the Arbitrator within thirty (30) days after the date of such filing. If either party refuses or fails to select an arbitrator within the designated time period, then on the request of any party, the Association shall select the arbitrator on behalf of such party. If the arbitrators selected by the parties refuse or fail to select the Arbitrator within the designated time period, then on the request of any party, the Association shall select the Arbitrator. Each of the selected arbitrators and the finally appointed Arbitrator shall: (a) be recognized by the Association as a legal expert in the field of business consulting practices within the United States of America; (b) fluently speak, read and write the English language; and (c) be proficient in the applicable arbitral procedure.
The parties hereby irrevocably agree that the arbitration, along with all related actions, hearings, conferences, meetings and proceedings, shall be held within the City of San Diego, State of California, U.S.A. The parties irrevocably waive any objections that they may have based upon improper venue or forum non conveniens. The Arbitrator shall apply the laws of the State of California, without regard to the conflicts of law principles of such State. The arbitration shall be conducted in the English language, such that all related hearings, meetings, conferences and proceedings shall be conducted in English, and all related pleadings, briefs, documents and other filings shall be in English; provided, however, that documents entered into the arbitration as evidence may be in the language in which they were originally written so long as the party entering such documents simultaneously provides an English translation of such documents. The arbitration shall be conducted in accordance with the procedural rules of the place of arbitration. Discovery shall be permitted in any arbitration proceeding as provided in California Code of Civil Procedure § 1283.05, or any successor statute.
The Arbitrator shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. In the event any party fails to respond in relation to or to appear at any arbitration proceeding, the Arbitrator shall proceed with the arbitration without such response or appearance. At the conclusion of the arbitration, the Arbitrator shall issue a written award, which shall, at a minimum, contain essential findings of fact and reasoned opinions and conclusions on which the award is based, which shall also include a breakdown as to specific claims. The final award rendered by the Arbitrator shall be binding, final and non-appealable, and judgment may be entered upon such final award in any court having jurisdiction thereof, or having jurisdiction over any of the parties or any of their assets.
The costs of arbitration and the Arbitrator's fees in connection with any such arbitration shall be shared equally among the parties involved in the arbitration. This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of this Agreement. The parties hereby waive any right they may have to claim sovereign immunity or diplomatic privilege. Except as may be required by applicable law, no party, arbitrator, Arbitrator, or the Association shall disclose the existence, content, or results of any arbitration hereunder without the express prior written consent of all parties.
18. Attorneys Fees
19. Limitation on Claims
21. Disclosure / Legal Obligations
23. Copyright Notice
Copyright © 2000-2008 MK Digital. All rights reserved.
Last Updated: August 4, 2008
Hours of Operation
Monday through Friday 9:00 am to 5:30 pm PST
8580 Avenida de la Fuente, Suite F. San Diego, CA 92154