Terms of Use

Mask Group 22-min

1. Introduction

Welcome to our website! These Terms of Use are applicable to two related websites, www.collaborativeimaging.com.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website” or "Site". These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Binding Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU PROCEED BECAUSE THE TERMS FORM A BINDING AGREEMENT BETWEEN YOU AND US WHEN YOU USE THE SITE. That is, if you access or use the Site, it will mean you read, understand, and expressly agree to the terms of this agreement, as modified from time to time without notice, that you will use the site only in accordance with all of the terms and conditions herein and in all other applicable agreements, notices, information, services, materials and other content provided by or through the Site and/or CI (“Terms”). If you are using the Services on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by the Terms even if one or more of these is also bound by the Terms or has a separate agreement with us. PLEASE BE SPECIFICALLY ADVISED THAT THE TERMS INCLUDE AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION, AND A CLAUSE REQUIRING YOU TO INDEMNIFY CI UNDER CERTAIN CIRCUMSTANCES.

Unless otherwise expressly permitted by us in writing or permitted by law, you may not use the Site and/or the Services if you do not agree to all Terms in effect when you access the Site and/or the Services. You agree that CI are not obligated to offer the Site or Services to you and that CI may suspend or terminate your access to the Site for any reason, including violation of the Terms. You may discontinue your use of the Site and/or Services at any time.

3. Reservation Of Rights And Intellectual Property

As used herein, “Intellectual Property Rights” shall mean all tangible and intangible legal rights or interests evidenced by or embodied in: (a) any idea, design, concept, technique, invention, discovery or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; (b) any work of authorship, regardless of copyright applicability, but including copyrights and any moral rights recognized by law; (c) any trademark, trade name or service mark; and (d) any other intellectual property, proprietary or similar rights, including all goodwill pertaining thereto and in each case, on a worldwide basis. CI, its affiliates, or third parties own and hold all rights, titles and interests in and to the Services and all Intellectual Property Rights contained therein, all documentation, ideas on which the Site and Services are based, software and information, algorithms, methods and processes, institutional knowledge, and all materials related to the Site and the Services, including documents presented to you via the Services (“Materials”) and all Intellectual Property Rights derived therefrom (“Materials”).

You agree not to attempt to copy, reproduce, change, disassemble, reverse engineer, decrypt, frame or translate any part of the Services or otherwise attempt to learn, access, decompile, reverse engineer or otherwise derive the source code, algorithms, structure, or ideas upon which the Services are based or attempt to copy, change, delete or alter any content or functionality within the Services.

CI reserves all rights not expressly granted to you in these Terms of Use.

 

4. Restrictions

You are expressly and emphatically restricted from all of the following:

  • 1 publishing any Website material in any media;
  • 2 selling, sublicensing and/or otherwise commercializing any Website material;
  • 3 publicly performing and/or showing any Website material;
  • 4 using this Website in any way that is, or may be, damaging to this Website
  • 5 using this Website in any way that impacts user access to this Website;
  • 6 using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • 7 engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • 8 using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Collaborative Imaging may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

5. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Collaborative Imaging a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. Collaborative Imaging reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

6. No warranties

If you choose to use the site or services, you do so voluntarily and at your sole risk. The content and information offered on or through the site or services are provided “as is.” To the fullest extent permissible under applicable laws, we disclaim all warranties or other terms of any kind, express or implied, including, but not limited to, implied warranties or terms of satisfactory quality, merchantability or fitness for a particular purpose. We do not warrant: that the sites or services, or any of their functions, will be uninterrupted or error-free; that defects will be corrected; that any part of the sites or services, or the servers that make them available, are free of viruses or other harmful components ,including whether updates will automatically download when installed or that depending on your device whether updates will be available to you. We do not warrant or make any representations regarding the use or the results of the use of the sites or services or content contained therein with regard to their correctness, accuracy, timeliness, reliability, appropriateness for any purpose, or otherwise. Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the sites or services. Collaborative Imaging may restrict the availability of the sites or services or certain areas or features if necessary, in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that assist in the proper or improved functioning of the sites or services. If you are dissatisfied with any of the materials contained in the sites or services, or with any of these terms, your sole and exclusive remedy is to discontinue use of our sites or services.

It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to business, healthcare, law & policies news, information, opinions, advice or other content.

7. Limitation of liability

CI, its affiliates, owners, and their respective officers, directors, agents, and employees (“CI Parties”) will not be liable to you for your use of the services and may not be held responsible for any damages to you or anyone filing suit on your behalf for any reason. YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY RIGHT OF ACTION AGAINST US. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES WILL BE TO STOP USING THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, you agree that the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.

8. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or a duly appointed arbitrator to be invalid, you and CI nevertheless agree that the arbitrator or a court, as applicable, should give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Service remain in full force and effect.

The security of the information contained on the Site will depend on the equipment and internet connections you use, whether you maintain and regularly use current antivirus and antispyware and firewall software on your computer or other devices, and how you protect your privacy. You are solely responsible for protecting your devices against unauthorized use and access. When you access the Site and your account, you do so at your own risk.

YOU AND CI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (!) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Our failure to act with respect to a breach or violation by you or others of these Terms of Service does not waive our right to act with respect to that breach or subsequent similar or other breaches.

9. Links

Third-Party Links. The Sites and Services may contain links to other websites or applications. These websites and applications are not under the control of Collaborative Imaging, and the existence of a link from the Sites or Services does not imply any endorsement of or affiliation with the linked websites or applications. Collaborative Imaging makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, Terms of Service, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.

Linking to the Sites. Unless otherwise specifically indicated in these Terms or on the Sites, you agree that: (i) if you include a link from any other website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Sites; (ii) you are not permitted to link directly to any image hosted on the Sites or Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (iii) you agree not to download or use images hosted on this Sites on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to the Sites in any manner such that the Sites, or any page of the Sites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other website at any time upon written notice to you.

10. Choice of Law

The interpretation of this Agreement and the resolution of any disputes relating to this Agreement will be governed by the laws of the State of Texas without regard to any conflicts of laws provisions.

ARBITRATION

You and CI agree that all claims arising out of, or related to, this agreement must be resolved exclusively by binding arbitration located in Plano, Texas, as administered by JAMS or the American Health Lawyers’ Association under the applicable rules then in effect except as otherwise agreed by the parties or as described below. You and CI also agree that the federal arbitration act will not apply to disputes arising out of or related to this agreement. You and CI further agree to submit to the personal jurisdiction of the courts located within Collin County, Texas, for the purpose of litigating any refusal to arbitrate. Notwithstanding the above, you agree that CI shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the services or any content or other material used or displayed through the services.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration, in which case you and CI must comply with the following rules:

  1. You and CI will each waive any right to participate as a plaintiff or class member in any purported class action or representative proceeding.
  2. Unless otherwise agreed, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

Notwithstanding anything to the contrary herein, you and CI agree each will bear their own attorneys’ fees and costs incurred in connection with any dispute, court proceeding, or arbitration.

11. Collaborative Imaging SMS (Text Messaging) Terms of Service and Privacy Notice

If you are reading these SMS (Text Messaging) Terms of Service and Privacy Notice (“Terms of Service” or “Terms”), you probably received a text message from us with a link to this document. We are not a marketing company and we will not attempt to sell goods or services to you. We received your mobile number from your radiology provider (“Provider”) when you made an appointment. Your Provider retained Collaborative Imaging (“we,” “us,” “our,” or “CI”) to connect you with certain services we provide at no charge to you. We will engage with you via text message for your convenience, based on the terms and assurances we provide you below.

If you would like a translation of these SMS (Text Messaging) Terms of Service and Use (“Terms of Service”) into another language, please contact us at info@collaborativeimaging.com.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND UNDERSTAND THEM BEFORE YOU PROCEED because the terms and conditions form a binding agreement between you and us regarding text messages we exchange. If you respond to any of our text messages, it will mean you read, understood and expressly agree to the Terms and that you will use the text message services only in accordance with all of the terms and conditions herein and all other applicable agreements, information, services, materials and other content provided by or through CI and/or your health plan or Provider. You may not use the services if you do not agree to all terms and conditions in these Terms of Service, including the arbitration and indemnity provisions, unless otherwise agreed or permitted by law. Therefore, if any Term is unacceptable to you, please text “STOP” to us.

If you have questions about a text message you receive or these Terms, please visit the patient section of our website,www.COLLABORATIVEIMAGING.com, contact us at info@CollaborativeImaging.com or 877-219-6226 or contact your Provider.

12. Availability And Operation Of The Site

The Site is designed to be accessible through standard commercial web browsers and internet service providers on laptops, cell phones, tablets, and other devices. The quality of your experience with the Site will depend largely on the equipment and internet connections you use. We do not guarantee that the Services will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.

CI will attempt to keep the Site operational at all times, but availability may be interrupted from time to time for maintenance, repair, upgrading, or other activities or due to technical problems, natural disaster or other emergency. We do not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors.

The Site and/or Services may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or any information supplied to you via the Services. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

13. Information You May Need For Accessing The Site And/Or Service

CI understands that your privacy is important. For details about how we collect and use information about you please review our Privacy Policy. We control access to the Site and Services and require verification of your identity to protect your privacy. To access the Site or use Services, including those offered by email or telephone, we may request information about you including your full name, date of birth, provider account or invoice number, and/or the email address you gave your healthcare provider when you scheduled an appointment.

14. Your Use Of The Site And Service And Specific Agreements

  1. You agree that you are solely responsible for your use of the Site and the Services and you represent and warrant that your use will comply with all applicable laws and regulations. You agree that you will not use the Site or the Services in a way that violates the rights of a third party.
  2. You are responsible for providing all software equipment, and connections necessary to use the Services on the Site.
  3. You agree not to use the Site or any CI Service to communicate offensive, hateful, defamatory, harassing, threatening, abusive, embarrassing, or discriminatory speech.
  4. You agree that when using the Site and/or Services, you will not:
    • Delete, modify, hack, or attempt to change or alter any portion of the Site or Services;
    • Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site and Services or take any other action that interferes with any other person’s use of Services or introduce into the Site any back door, time bomb, drop dead device, or other software routine designed to interfere with or disable a computer program automatically with the passage of time or under the positive control of an unauthorized person or any virus, rogue program, Trojan horse, worm, bot, spider, or other automatic or manual device or process, or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to private information on the Site or to disable, erase, or otherwise harm the Services or perform any such actions;
    • Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, algorithms, structure, or ideas upon which the Site or Services are based;
    • Use the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
    • Access or attempt to access any other person’s information or content;
    • Encourage any illegal activities;/li>
    • Connect to or access any CI computer system or network without authorization; or
    • Use the information in the Services to create or sell a similar service or similar information.
  5. You agree that you will provide accurate and complete information in the registration or activation process on the Site, in any requested forms or submissions to CI, and that if you see inaccuracies in information about you on the Site, you will contact us to correct it. Your use of the Services may be suspended at any time that you do not provide complete information as requested, including information for payment of your account.
  6. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.

15. Security

The Site uses information security safeguards and protections. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. Information may be transmitted over a medium that is beyond our control.

The security of the information contained on the Site will depend on the equipment and internet connections you use, whether you maintain and regularly use current antivirus and antispyware and firewall software on your computer or other devices, and how you protect your privacy. You are solely responsible for protecting your devices against unauthorized use and access. When you access the Site and your account, you do so at your own risk.

If you do not want others to gain access to your account or personal health information, you will need to take precautions. For example, if your computer stores and automatically uploads your user names and passwords when you visit websites, you may want to ensure this function is disabled when you log into the Site. If another person has a right to use your computer or other device or you leave your device unattended when it is logged onto the Site, your personal information may be disclosed. CI cannot protect against this kind of unauthorized access.

You should keep your user ID and password in a secure location and completely confidential. It is your responsibility to also prevent disclosure of any temporary access codes and passwords and to change your password if you feel that your security has been compromised. We shall not be liable for any damages that result from your failure to keep your password secure.

16. Indemnification

YOU WILL HOLD HARMLESS, INDEMNIFY, AND DEFEND THE CI PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING THEREFROM) RELATING TO ANY ACTION OR PROCEEDING BROUGHT BY A THIRD PARTY AGAINST ANY ONE OR MORE OF THE CI PARTIES: (I) ALLEGING INJURY, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE SERVICES; (II) ALLEGING THAT YOUR DATA INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD PARTY; (III) RELATED TO ANY ACT OR OMISSION BY YOU WHICH IS A BREACH OF YOUR OBLIGATIONS UNDER THIS AGREEMENT; AND (IV) YOUR USE OF INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES.

You will have the right to defend and compromise such claim at your expense for the benefit of the CI Parties; provided, however, you will not have the right to obligate the CI Parties in any respect in connection with any such settlement without the written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend, the CI Parties may do so to protect their interests and you will reimburse all costs incurred by the Collaborative Imaging Parties in connection with such defense.