IMPORTANT LEGAL NOTICES
Before using this Website, please read the Terms
of Use set forth below. By using this Website (the "Website"),
you agree to be bound by these Terms of Use (the "Terms
of Use"). If you find the Terms of Use to be unacceptable,
you must immediately terminate your use of this Website. We
may modify these Terms of Use at any time, as provided in Section
13, below.
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
a. Definition
We may make certain products and services available
to you through this Website, including without limitation, provided
that you agree to abide by the terms and conditions contained
in these Terms of Use. These products and services, as well
as all other products and services we provide in connection
with this Website, but excluding consulting services with individual
parties under a separate agreement between such parties and
us, are referred to in these Terms of Use as the "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.
3. Breach of Terms of Use; Access to Website
If you violate these Terms of Use, we may, without
prior notice, without refund of any amounts paid by you, and
without liability to you, terminate your right to access any
and all Products and Services and take any other action we deem
appropriate in our sole discretion. We reserve the right to
terminate your access to the Website and/or the Products and
Services at any time, without notice, for any reason.
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.
5. Confidentiality
Always use caution when giving out any personally
identifiable information about yourself or your children while
using this Website or any of the Products and Services. We cannot
guarantee your confidential use of this Website or the Products
and Services. We shall not be responsible for any harm that
you or any person may suffer as a result of a breach of confidentiality
in respect to your use of this Website or the Products and Services.
We reserve the right at all times to disclose any information
as we deem necessary to satisfy any applicable law, regulation,
legal process or governmental request. See our Privacy Statement
for additional information regarding our use and handling of
personally identifiable information. The Privacy Statement is
incorporated by reference as a part of these Terms of Use. If
there is any conflict between the Privacy Statement and the
other provisions of these Terms of Use, the other provisions
of these Terms of Use govern and control collection, use and
disclosure of your personally identifiable information.
6. Limitation on Damages
YOU AGREE THAT IN NO EVENT WILL WE, OUR MANAGERS,
EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, CONSULTANTS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS
(COLLECTIVELY, THE "INDEMNITEES") BE LIABLE TO YOU
OR ANY OTHER PARTY, AND YOU AGREE TO HOLD US HARMLESS FROM,
ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER)
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS
WEBSITE, USE OR MISUSE OF ANY CONTENT OR OTHER MATERIALS PROVIDED
OR AVAILABLE ON THE WEBSITE, USE OR MISUSE OF ANY LINKS OR LINKED
WEBSITE, USE, MISUSE OR PERFORMANCE OF ANY SERVICES, AND ACTS
OR OMISSIONS BY YOU OR ANY OTHER PARTY, EVEN IF WE ARE EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF
WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE
ON THE PART OF ANY OF THE INDEMNITEES OR ANY OTHER PARTY), STRICT
LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES"
INCLUDES, WITHOUT LIMITATION, DAMAGES RELATED TO INJURY TO (INCLUDING
DEATH OF) YOU OR ANY OTHER PERSON, DAMAGE TO OR LOSS OF ANY
PROPERTY, LOSS OF CONSORTIUM, LOSS OF OPPORTUNITY OR BUSINESS
OR CONTRACTUAL RELATIONSHIP, VIOLATION OF ANY RIGHT TO PRIVACY,
DEFAMATION OF CHARACTER, MENTAL DISTRESS OR ANGUISH, LOSS OF
USE OR PROFITS, ATTORNEYS FEES, LOST PROFITS, BUSINESS INTERRUPTION
AND LOSS OF PROGRAMS OR OTHER DATA, AND ANY AND ALL OTHER TYPES
OF CLAIMS AND DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS
OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND
SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO
PROVIDE THE SERVICES, THIS WEBSITE, AND OTHER CONTENT AND MATERIALS.
7. Ownership
Except as provided in the next paragraph, all
right, title and interest (including all patents, copyrights,
trademarks, service marks, tradenames, and other intellectual
property rights) to all content, information, documents, graphics
and images contained in this Website and related to the Products
and Services belong to us or our licensors. In addition, the
names, images and other indicia identifying our products and
services are our proprietary marks. A partial list of trademarks
owned by us is set forth in Section 14 of these Terms of Use.
8. License
By using a document or file in electronic form
related to this Website and/or the Products and Services, you
are granted the non-exclusive license and right to use the information
contained in such document or file for your personal use in
a lawful manner until such right may terminated under these
Terms of Use. You may download and store on a single computer
only one copy of each document or file for such use. All such
use is subject to the provisions of applicable law and these
Terms of Use.
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:
By mail:
MK Digital
8580 Avenida de la Fuente, Ste F
San Diego, CA 92154
U.S.A.
By phone:
619-661-0628
By email:
info@mkdigitaldirect.com
10. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY
EACH OF THE INDEMNITEES (See Section 6, above), FROM AND AGAINST
ANY AND ALL ACTIONS, SUITS, PENALTIES, DAMAGES, LIABILITIES,
CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE COSTS AND
ATTORNEYS' FEES THROUGH ANY APPEAL, THAT ARE RELATED TO OR THAT
ARISE FROM YOUR USE OR MISUSE OF THIS WEBSITE, YOUR USE OR MISUSE
OF ANY OF THE SERVICES, YOUR BREACH OF ANY OF THESE TERMS OF
USE, YOUR NEGLIGENT ACTS AND OMISSIONS OR WILLFUL MISCONDUCT,
AND YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS
OR OTHER RIGHTS OR THOSE OF ANY THIRD PARTY, REGARDLESS OF ANY
NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES OR ANY OTHER
PERSON. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY
MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE
WITH US IN SUCH EVENT.
11. Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA,
AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN
BY RESIDENTS THEREOF. TO THE EXTENT THAT WE HAVE THE RIGHT TO
BRING ANY ACTION IN COURT UNDER SECTION 16, BELOW, YOU IRREVOCABLY
CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND
VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SAN DIEGO COUNTY,
CALIFORNIA, USA, AND ALL OTHER COURTS, WHEREVER LOCATED, WHERE
WE DETERMINE AN ACTION IS NECESSARY TO ENFORCE OUR RIGHTS UNDER
THESE TERMS OF USE.
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
These Terms of Use incorporate by reference any
notices contained on this Website and constitute the entire
agreement with respect to your access to and use of this Website
and the Products and Services, except to the extent that such
access and use is governed by the Privacy Statement, and these
Terms of Use supersede all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between
you and us with respect to the Website and related Products
and Services. We may modify these Terms of Use at any time by
posting revised Terms of Use on our Website and your continuing
use of such Website and the Products and Services constitutes
your agreement to be bound by such modified Terms of Use. Except
as expressly provided otherwise in these Terms of Use, if any
provision of these Terms of Use or the application of such provision
to any person or circumstance shall, to any extent in any jurisdiction,
be invalid or unenforceable, the remainder of these Terms of
Use, or the application of such provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not be affected by such invalidity or unenforceability,
and such invalid or unenforceable provision shall be deemed
stricken from these Terms of Use. The unenforceability of any
provision in a given jurisdiction shall not make that provision
unenforceable in any other jurisdiction.
14. Trademarks
We and/or our affiliates are holders of the following
trademarks and service marks:
The Box™
Photo eBox™
Photo ePanels™
MK 795™
MK 1012™
MK 1012 DD™
MK 1416™
MK 1416 DD™
MK Sparkle Light™
MK Millennium Diamond Reader™
MK Clarity Master™
MK Dental X-Ray™
MK DigitalDirect™
Any rights to such trademarks and service marks not expressly
granted herein are reserved.
15. Survival
The terms, conditions, covenants, indemnifications,
releases, waivers, and all other provisions of these Terms of
Use shall survive the termination or expiration of your access
to and use of the Website and/or the Products and Services,
and termination or expiration of these Terms of Use, the Website,
and/or the Products and Services.
16. Resolution of Disputes
Any controversy, dispute or claim arising out
of or related to these Terms of Use, or the breach thereof,
the Website, and/or the Products and Services, including the
construction and scope of these Terms of Use, shall be determined
by arbitration in accordance with the then current Commercial
Arbitration Rules of the American Arbitration Association (the
"Association") if all parties to the dispute are located
in the United States of America, or the International Arbitration
Rules of the Association if one or more parties to the dispute
are located outside the United States of America; provided,
however, that any party may: (1) seek from any court of competent
jurisdiction any interim or provisional relief, including but
not limited to, injunctive relief to restrain violations of
these Terms of Use or applicable law or to preserve the status
quo, that is necessary to protect the right or property of that
party, pending the establishment of the arbitral tribunal or
pending the arbitral tribunal's resolution of the merits through
the arbitration procedure set forth herein; or (2) invoke the
Optional Rules for Emergency Measures of Protection of the Commercial
Dispute Resolution Procedures of the Association. Any such controversy,
dispute or claim shall be arbitrated on an individual basis,
and shall not be consolidated with any arbitration regarding
any claim, dispute or controversy of any other party.
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.
17. Notices
All notices or other communications required or
permitted to be given to us under these Terms of Use shall be
in writing and shall be sent by registered or certified mail,
postage prepaid, return receipt requested, or sent by an overnight
express courier service that provides written confirmation of
delivery, to us at MK Digital, 1605 Pacific Rim Court, Suite
A, San Diego, CA 92154 U.S.A. All notices or other communications
required or permitted to be given to you under these Terms of
Use shall be to the email address that you provide to us. Notice
shall be deemed given 24 hours after the email is sent. Alternatively,
we may provide you with notice or communication by registered
or certified mail, postage prepaid, return receipt requested,
or sent by an overnight express courier service that provides
written confirmation of delivery. In the case of any communication
by mail or courier, delivery shall be deemed to have occurred
upon receipt of such communication by the recipient thereof.
In the case where we do not possess information on how to contact
you, we may provide notice to you in any manner provided under
applicable law.
18. Attorneys Fees
In the event any litigation, arbitration, mediation,
or other proceeding (collectively, "Proceeding") is
initiated by any party against any other party to enforce, interpret
or otherwise obtain arbitral, judicial or quasi-judicial relief
in connection with these Terms of Use, the prevailing party
in such Proceeding shall be entitled to recover from the unsuccessful
party all reasonably incurred costs, expenses, and attorney's
fees relating to or arising out of (a) such Proceeding (whether
or not such Proceeding proceeds to award or judgment), and (b)
any post-judgment or post-award Proceeding, including, without
limitation, one to enforce any judgment or award resulting from
any such Proceeding. Nothing in this Section 18 shall be construed
to negate or limit the obligation to arbitrate claims and disputes
under Section 16, above.
19. Limitation on Claims
Unless otherwise provided by applicable law, any
action or arbitration arising out of or in connection with these
Terms of Use or your use of the Website or the Products and
Services must be commenced within one (1) year after the cause
of action arose, or it will be permanently barred.
20. Time
Time is of the essence in the performance of each
and every obligation under these Terms of Use. Except as expressly
provided otherwise in these Terms of Use, references to "days"
or "weeks" or "months" shall mean calendar
days, weeks or months, respectively, and time periods specified
in these Terms of Use shall be measured in calendar days, weeks
and months, as determined by the calendar commonly used in the
United States of America. Whenever the date for the exercise
of any right, privilege, or remedy or the discharge of any duty
under these Terms of Use falls upon a Saturday, Sunday or any
public or bank holiday in the United States of America, the
party having the right, privilege, remedy or duty shall have
the time extended until 5:00 p.m. (Pacific Standard or Daylight
Time, as appropriate) on the next succeeding day that is not
a Saturday, Sunday or holiday.
21. Disclosure / Legal Obligations
We reserve the right to disclose any information
about you or your use of the Website and Products and Services
without your prior permission, as provided in the Privacy Statement,
or if we have a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal process;
(2) protect and defend our rights or property; (3) enforce these
Terms of Use; or (4) act to protect the interests of others.
Our performance of these Terms of Use is subject to existing
laws and legal process, and nothing contained in these Terms
of Use is in derogation of our right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Website or related Products and Services
or information provided to or gathered by us with respect to
such use.
22. Miscellaneous
These Terms of Use shall be binding upon and inure
to your benefit and our benefit and each of our respective devisees,
heirs, personal representatives, assigns, and successors-in-interest.
We may assign our rights and delegate our obligations under
these Terms of Use at any time without prior notice to any person
or entity without your consent. You may not assign your rights
or delegate your obligations under these Terms of Use to any
person or entity at any time without our express prior written
consent, and any purported assignment shall be void. Except
as otherwise provided in these Terms of Use, no remedy or election
hereunder is exclusive, but rather, to the extent permitted
by applicable law, each such remedy and election is cumulative
with all other remedies at law or in equity. An "affiliate"
is any person or entity controlled by, controlling, or under
common control with, directly or indirectly, another person
or entity. The captions and headings in these Terms of Use are
not a part of these Terms of Use, are for reference only, and
in no way define, limit, extend, or interpret the scope of these
Terms of Use, or of any particular provision. References to
"Sections" are to sections of these Terms of Use,
and include all subsections, paragraphs, and subparagraphs included
as a part of such sections. Where the context in which words
are used in these Terms of Use indicates that such is the intent,
words in the singular number shall include the plural and vice
versa, and words in the masculine gender shall include the feminine
and neuter genders and vice versa. You and we intend that no
person shall be deemed to be a third-party beneficiary of these
Terms of Use. Any waiver of a default under these Terms of Use
must be in a writing executed by the party(ies) against whom
enforcement of such waiver is sought and shall not be a waiver
of any other default concerning the same or any other provision
of these Terms of Use. No delay or omission in the exercise
of any right or remedy shall impair such right or remedy or
be construed as a waiver. In the event, however, that the failure
of any party at any time, to require another party to perform
any of his, her, or its obligations under these Terms of Use
is construed to be a waiver of such performance, such waiver
will not affect the party's right to enforce those obligations
thereafter, nor will waiver by any party of any default under
these Terms of Use by another party be deemed a waiver of any
subsequent default, a waiver of a particular provision default,
or a waiver of any other provision of these Terms of Use. A
consent to or approval of any act shall not be deemed to waive
or render unnecessary consent to or approval of any other or
subsequent act. If you are acting on behalf of another person
or entity, you hereby represent and warrant that you are authorized
to act on behalf of such person or entity for all purposes related
to these Terms of Use, the Website, and any Products and Services.
23. Copyright Notice
Copyright © 2000-2005 MK Digital. All rights
reserved.
Last Updated: June 17, 2005