Use of Products
This agreement is written in good faith. VMS will always do everything possible to rectify an issue in a timely manner. However, there are exclusions this agreement does not apply to:
- Any equipment, software, services, third party or otherwise, or any other parts of the IT integration not listed in the VMS Quote or Invoice mutually agreed upon between VMS and the Client. Student hardware, third-party software, operating systems and internet services are expressly excluded from this SSA.
- VMS shall not be responsible for correcting any problems resulting from the Client’s misuse or improper use of the Software or combining or merging the Software with any hardware or software not authorized by VMS to be so combined or merged.
- A problem has been caused by using equipment, software or service(s) in a way that is not recommended.
- The Client has made unauthorized changes to the configuration or set up of affected equipment, software or services.
- The Client has prevented VMS from performing required maintenance and update tasks.
- The issue has been caused by unsupported mobile devices, equipment, software or other services.
- Software products that are not at a supported release level or for which the Client does not have a current, paid in full.
Client Responsibility & Obligations
In order to successfully support BodyViz products there are certain responsibilities that are solely the obligation of the Client:
- Students shall utilize their institution’s Information Technology helpdesk to obtain support on for their hardware, third-party software, operating systems and internet services. Client shall notify all students of this obligation.
- Client shall designate institutional points of contact, including phone numbers and email addresses, where individual BodyViz support questions will be directed. These contacts shall be documented in Schedule A. Client shall notify all students of their points of contact.
- Support requests to VMS must come from the Client institution and its IT or faculty representatives directly, not individual student users.
- Client shall train students on BodyViz software. VMS will provide training for faculty, staff and IT support staff.
Hardware Minimum Requirements
- Processor: Intel i5 Dual core processor or equivalent
- Hard Disk: 20 GB of free hard disk space for software and supporting libraries. Additional hard disk space will be needed for imaging data
Operating System Minimum Requirements
- 64-Bit Windows 10 or greater
Use of 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 within the Products 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.
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 Website(s)
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.
Terms of Service
All support requests for service (the “Service”) (incidents and change requests) need to be reported by submitting a form on BodyViz’s Customer Support web page (the “Support Form”). This enables for all required information to be properly logged and can be addressed in the fastest and most efficient manner.
All Service requests must be made through one of the following:
BodyViz Support Form
BodyViz Support Email
After submission in the Support Form, VMS will analyze the support request and, if applicable, try to reproduce the incident or evaluate the completeness of the information. If VMS determines the root cause of the incident is the Application, VMS will resolve the issue accordingly. If the root cause of a reported incident is deemed to be an external failure (i.e. the root cause is not the Application), VMS shall inform the Customer of such fact either by email or by phone, and VMS will have no obligation to resolve such issue. However, in such a case, VMS shall use reasonable efforts in supporting Customer in resolving the support request.
At any time during your subscription with VMS, an escalation may be initiated after you have worked through our standard support processes with our teams and you are not satisfied with the level or timeliness of service you received. Additionally, an escalation should be initiated when there is tangible impact to your production environment, or there is substantial risk to the business operations. The entry point into the VMS escalation process is through your support request. Please note that for an issue to be escalated, a support request must be created. Escalation can be initiated by either: (i) within the VMS Support Form (ii) via email to firstname.lastname@example.org. For either options (i) or (ii) above, Customers are expected to provide a clear and concise description of the issue at hand and the urgent reason for initiating the escalation process.
Other Terms and Conditions
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.
Certain features or services offered on or through the Site or Products 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 or Product 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.
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, CONTENT, AND PRODUCT 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, ANY LINKED SITES, OR LINKS WITHIN PRODUCT. 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, any portion of the Site, or Product, for any reason; (2) to modify or change the Site, any portion of the Site, or Product 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.
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.
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 agree that VMS may, in its sole discretion and without prior notice, terminate your access to the Site or Product, 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.
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.