The service ("Service") you ("You" or "Your") are about to procure from Real-Scan, Inc. ("Vizua") is subject to the terms and conditions contained herein("Agreement"). Your access to the Service is expressly conditioned on Youracceptance of all terms and conditions of this Agreement.
IF THIS AGREEMENT IS CONSIDERED AN OFFER, YOUR ACCEPTANCE IS EXPRESSLYLIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN. ONCE YOUHAVE SUCCESSFULLY REGISTERED FOR THE SERVICE YOUR CONTINUED USE OFTHE SERVICE SHALL ALSO CONSTITUTE YOUR CONSENT TO THE TERMS ANDCONDITIONS OF THIS AGREEMENT.
We may change the terms of this Agreement in our sole discretion by postinga new version to the Services. You may choose to accept or decline changes byclosing, continuing or discontinuing use of the Services. But, in any event, Youruse of the Services after we make any changes will constitute your agreement tosuch changes.
By registering for the Service, You certify that You are at least 18 years of age.
You agree that the information You provide during the registration process, andthe information You provide from time to time while using the Service, will betrue, accurate and current. It is a violation of federal criminal laws to knowinglyor willfully obtain healthcare information from a consumer under false pretenses. If Vizua has any reason to suspect You have provided untrue, inaccurate or non-current information it may, in its sole discretion, terminate this Agreement (orsuspend, terminate, or otherwise restrict Your use of and access to any part(s) ofthe Service) at any time, without notice. You may use the Service to store Yourmedical images and other materials ("Records") that the Services are capable ofaccepting and rendering (and which may change from time to time.) You mayauthorize others to access Your Records through the Service solely at Your ownrisk and discretion. Vizua assumes no responsibility for anyone to whom Youpermit access. You may choose, at your sole discretion and risk, to contributeto the public Your images that are included in Your Records, in which case wewill endeavor to remove identifiable personal information attached to thoseimages, but we cannot guarantee the success of such effort, and any informationincluded with such images will not be removed.
Subject to Your compliance on a continuing basis with all of the terms andconditions of this Agreement, including modifications to this Agreement, Vizuahereby grants You a personal, worldwide, royalty-free, non-exclusive, non-assignable, permission to use the Services only as set forth in this Agreement, and provided that:
In order to access the Services, You will have to create a membership account.You may never use another's account, username or password without his/her permission. You are solely responsible for the activity that occurs on Youraccount, and You must keep Your account password secure. You must notify Vizua immediately of any breach of security or unauthorized use of Youraccount. Vizua will not be liable for Your losses caused by any unauthorizeduse of Your account, You may be liable for the losses of Vizua or others due tosuch unauthorized use. You agree not to use or launch any automated system,including without limitation, "robots," "spiders," "offline readers," etc., thataccesses the Services in a manner that sends more request messages to the Vizuaservers in a given period of time than a single human can reasonably producein the same period by using a conventional on-line web browser. You agree notto collect or harvest any personally identifiable information, including accountnames, from the Services, nor to use the communication systems provided bythe Services for any commercial solicitation purposes. Vizua reserves the rightin its sole discretion to block access or discontinue services to offenders, and toinvestigate and take appropriate legal action against anyone who, in Vizua's solediscretion, violates this provision, including without limitation, reporting You tolaw enforcement authorities.
By paying service fee and as long as you are a customer of Vizua, you are granteda right to use the Vizua Service (the "Service") subject to the restrictions set forthin this agreement and communicated by us to you via other means.
Your membership to the Service is provided as a tool for managing Your Records,however, it does not offer a guarantee of information or accuracy. You shouldnot rely on the Service as the only tool or means of storing or managing YourRecords, and You should ensure that You store and maintain complete copies atanother location.
THE SERVICE IS PROVIDED 'AS IS' AND WITHOUT WARRANTYOF ANY KIND. VIZUA, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORSHEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUTLIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIALPART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONSMAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING WARRANTY DISCLAIMER, NEITHER VIZUA,NOR ANY OF ITS REPRESENTATIVES, SUPPLIERS, OR LICENSORS MAKE ANYWARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION PROVIDEDTO YOU OR CONTAINED IN YOUR CREDIT REPORT, INCLUDING, WITHOUTLIMITATION, THE ACCURACY OR INACCURACY OF SUCH INFORMATION. FURTHERAND WITHOUT LIMITING THE FOREGOING, VIZUA, AND ITS REPRESENTATIVES,SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING,BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OROTHERWISE, SHALL VIZUA OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS ORANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLETO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ORCONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, ACCURACY OF RESULTS,COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USEOF THE SERVICE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICTLIABILITY, OR OTHERWISE, SHALL VIZUA OR ITS REPRESENTATIVES, SUPPLIERS,LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THESITE BE LIABLE FOR ANY AMOUNT IN EXCESS, IN THE AGGREGATE, OF $100. THEFOREGOING LIMITATIONS SHALL APPLY EVEN IF VIZUA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
From time to time, Vizua tests various aspects of the service, including thewebsite, user interfaces, service levels, plans, promotions, features, delivery, andpricing, and we reserve the right to include you in or exclude you from these testswithout notice.
You shall indemnify and hold harmless Vizua and its officers, directors,employees, agents, licensors, suppliers, representatives and any other third-partyprovider of information or services available through the Service or otherwiseavailable from Vizua from and against all claims, liabilities, damages andexpenses, including, without limitation, reasonable attorneys' fees and expenses,resulting from Your use of the Service, any access You provide to any third party(including, without limitation, any service provide such as a radiologist), or anyother products or services available from or through Vizua or any violation of thisAgreement by You.
This Agreement is personal to You and may not be assigned or transferredwithout Vizua's consent and any action or conduct in violation of the foregoingshall be void and without effect. Vizua expressly reserves the right to assignthis Agreement and to delegate any of its obligations hereunder without Yourconsent. This Agreement shall be governed by and construed under Washingtonlaw, without regard to its choice of law principles. Except as otherwise expresslyprovided in this Agreement, all disputes arising from or relating to the subjectmatter of this Agreement shall be finally settled by arbitration in Washington,using the English language in accordance with the Streamlined ArbitrationRules and Procedures of the Judicial Arbitration and Mediation Services, Inc.("JAMS") then in effect, by one commercial arbitrator with substantial experiencein resolving complex commercial contract disputes, who may or may not beselected from the appropriate list of JAMS arbitrators. If the parties cannot agreeupon the identity of the arbitrator within fifteen (15) days following the date,then a single arbitrator shall be selected on an expedited basis in accordance withthe Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shallhave substantial experience in complex commercial contract disputes. Judgmentupon the award so rendered may be entered in a court having jurisdiction orapplication may be made to such court for judicial acceptance of any award andan order of enforcement, as the case may be. Notwithstanding the foregoing,each party shall have the right to institute injunctive or other forms of equitablerelief at any time in any court of competent jurisdiction. For all purposes of thisSection, the parties consent to exclusive jurisdiction and venue in the UnitedStates Federal Courts located in the State of Washington.
Real Scan (Vizua) is committed to compliance with all applicable regulatory and statutory requirements. This includes compliance to the Health Insurance Portability and Accountability Act (HIPAA), as a “business associate.”
Real Scan (Vizua) prohibits the practice of transferring, using and storing HIPAA data classed as Protected Health Information (PHI) and Personally Identifiable Information (PII). Should the need arise to temporarily handle PHI or PII, Real Scan (Vizua) adheres to strict data confidentiality procedures implemented within the company to de-identify PHI and PII data. Real Scan (Vizua) commits to compliance of data confidentiality and has implemented measures to assist customers with compliance to data security requirements.
Real Scan (Vizua) has implemented stringent requirements within the company to handle PHI and PII data if is made available or obtained by company. Procedural instructions specifying how to handle confidential data (such as PHI) is trained on by applicable employees, who also sign a statement confirming their understanding of the requirements. Real Scan (Vizua) assists customers in securely transferring confidential data via an encrypted SSL transmission to the company, if there is a concern with the product. The strict Company policy is to de-identify PHI data, removing patient identifying information, and prior to transmitting securely via SSL or qualified encryption, which is stored in secure servers. In addition to these measures, the company has a robust firewall to electronically protect company computers and servers, with access strictly restricted to authorized personnel only with unique login credentials.