COD XRay, Inc. DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE,
RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COD XRay, Inc. CANNOT BE HELD
RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ERRORS
AT ANY TIME. WE DO NOT HONOR INACCURATE OR ERRONEOUS INFORMATION OR PRICES. OUR INFORMATION AND PRICES
ARE ALSO SUBJECT TO CHANGE WITHOUT NOTICE. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME
AND FROM TIME TO TIME WITHOUT NOTICE; COD XRay, Inc. WILL NOT BE LIABLE OR RESPONSIBLE FOR
ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. COD XRay, Inc. MAY IN ITS SOLE DISCRETION
ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. COD XRay, Inc.
has attempted to accurately describe the products and services offered on the Site.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY
THAT ACCOMPANIES A PRODUCT OR SERVICE (AND THEN ONLY WITH RESPECT TO SUCH PRODUCT OR SERVICE),
COD XRay, Inc. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY AND AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OR SERVICES OFFERED OR AVAILABLE THROUGH THE SITE.
THE SITE AND PRODUCTS, SERVICES AND INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER
COD XRay, Inc. NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR
INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AND SERVICES
AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF COD XRay, Inc.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL THE TOTAL LIABILITY OF COD XRay, Inc. OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM
THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY
YOU TO COD XRay, Inc. FOR THE SINGLE PRODUCT OR SERVICE AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000). YOU
HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED
ON THE SITE, AND PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted
according to the laws of the State of Florida, and you and COD XRay, Inc. (the 'Parties') agree to and consent
to the exclusive jurisdiction and venue of the courts in Palm Beach County, Florida. Should a dispute arise between the Parties
which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in
West Palm Beach, Florida, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the
American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with Florida law:
(a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration;
(b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited
to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5)
business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing
shall last no longer than three (3) business days. The award, if any, shall be rendered no more than thirty (30) days following the end
of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties
expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection
with the proceedings and shall share equally the fees and expenses of the arbitrator.
E-mail:
info@CODXRay.com