Terms of Use - BodyViz - incredible 3D MRI, CT scan visualizations

Terms of Use

BodyViz Website Terms of Use

Ownership and Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the BodyViz website located at www.bodyviz.com, and all associated sites linked to www.bodyviz.com by Visual Medical Solutions, LLC ("VMS"), its subsidiaries and affiliates. This Site is the property of VMS. By using this Site, you agree to the Terms of Use.

VMS reserves the right, as its sole discretion to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Continued use of the Site following any posting of changes means that you accept and agree to the changes. In exchange for compliance with the Terms of Use of this Site, VMS grants you a personal, non-transferable, non-exclusive, limited right to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to VMS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws to the extent any exist.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial purpose, without VMS' express prior written consent.

You may use information on VMS products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by VMS for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. VMS reserves the right to bar any such activity.

Unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any VMS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means is strictly prohibited. In the event you attempt unauthorized access through any of the above-mentioned means, your right to use and access the website will be immediately terminated.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of VMS, including any VMS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or VMS' systems or networks, or any systems or networks connected to the Site or to VMS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VMS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of VMS or others.

Other Terms and Conditions

Additional terms and conditions may apply to purchase and/or use VMS' software on additional devises such as, but no limited to, mobile and handheld devices, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including whether applicable representing that you are of sufficient legal age to use or participate in such a service or feature.  To the extent possible, these Terms of use and any additional terms and conditions shall be read as one continuous document. In the event of conflicting terms within the Terms of Use and additional terms and conditions, the latter terms shall control with represent to your use of a portion of the Site or specific service and/or application on any other device.

VMS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and VMS makes no commitment to update the materials on the Site with respect to such products and services.

Security

Certain features or services offered on or through the Site may require you to open an account and set up a username and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify VMS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by VMS or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. VMS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

VMS' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers

VMS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VMS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. VMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VMS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY VMS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VMS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

VMS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold VMS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against VMS by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

VMS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) VMS' rights or property, or the rights or property of visitors to or users of the Site, including VMS' customers. VMS reserves the right at all times to disclose any information that VMS deems necessary to comply with any applicable law, regulation, legal process or governmental request. VMS also may disclose your information when VMS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that VMS may preserve any transmittal or communication by you with VMS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or VMS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of VMS, its employees, users of or visitors to the Site, and the public.

You agree that VMS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to VMS, for which monetary damages would be inadequate, and you consent to VMS obtaining any injunctive or equitable relief that VMS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies VMS may have at law or in equity.

You agree that VMS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If VMS does take any legal action against you as a result of your violation of these Terms of Use, VMS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to VMS. You agree that VMS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Iowa without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Polk County, Iowa, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between VMS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Uploaded Material

VMS requires you to register an account before uploading data to the Site and/or using the any VMS software.  In registering with VMS, you are agreeing that all Material uploaded is your property and that you have obtained all proper permissions necessary to transfer the Material.  To the extent you are associated with an institution, you certify that they have obtained all proper permissions from the institution's technology and legal department before disclosing Material which might be patentable or otherwise protectable. In uploading Material through the Site, you retain all of ownership rights in the Material to the extent any exist.  However, Users grant VMS, its subsidiaries and users, a non-exclusive, perpetual, worldwide, transferrable, fully paid up and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and alter the Material in any way and for any purpose, including, but not limited to: use on VMS websites and in VMS products, manuals and technical explanation guides, for educational, teaching, scientific, research, and commercial purposes, and any other use as determined by VMS.  You confirm you have removed any Personal or Patient Identifiers from the Material.

By visiting the Site or using the BodyViz Software or any other VMS Software, you also agree to abide by or authorizing VMS to alter your submission to abide by HIPAA standards. HIPAA requires that all patient data must be properly stripped of all patient identifiers. These identifiers include, but are not limited to: Names; All geographical subdivisions smaller than a State; All elements of dates; Phone numbers; Fax numbers; Electronic mail addresses; Social Security numbers; Medical record numbers; Health plan beneficiary numbers; Account numbers; Certificate/license numbers; Vehicle identifiers and serial numbers, including license plate numbers; Device identifiers and serial numbers; Web Universal Resource Locators (URLs); Internet Protocol (IP) address numbers; Biometric identifiers, including finger and voice prints; Full face photographic images and any comparable images; and any other unique identifying number, characteristic, or code. 

VMS makes every effort to remove all personal health information and identifiers.  In uploading the Material, you acknowledge that these identifiers have been removed from the Material.  You waive and agree to indemnify VMS from all damages and claims related to the unintentional publication of Material containing said identifiers.  In the event you discover an identifier has been unintentionally disclosed, you agree to immediately notify VMS of the discovery.  Further, you agree to make no attempt to identify individuals from data and metadata elements that may remain in material utilized and produced in the BodyViz Software. 

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and VMS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and VMS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with VMS, VMS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. VMS' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by VMS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between VMS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

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