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CDI Website Terms of Use

Welcome to the Center for Diagnostic Imaging and Insight Imaging (collectively “CDI”) network.  Diagnostic Services Holdings, Inc. is the parent company of the CDI network (the “Company,” “us,” or “we”) and works along with its local and regional affiliates to manage the CDI website network.  The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of our website and any content, functionality and services offered at www.myCDI.com (the “Site”), which is owned and operated by us.

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Health Information Disclaimer

The Site and any related websites, medical or technology content, blogs, videos or other media (“Content”) is provided by us to educate users on health and medical issues and the products and services offered by CDI.  None of the Content should be considered a substitute for medical advice, diagnosis or treatment.  The Site and Content do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.  You should always consult a health care professional regarding your specific medical needs or questions.  If you have or think you have a serious medical problem or condition, please contact a qualified health care professional immediately or call 911 for emergency medical help.

 

Access

To communicate with us through the Site, you may be asked to provide certain information. You represent and warrant that all information provided by you is accurate and complete. Our Privacy Policy (located here) describes the personal information we collect, use, manage, disclose, and share.  You may also communicate with us through blog comments, videos or other interactive content on the site.  These Terms of Use dictate your conduct when interacting on our Site. 

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.

 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; (d) reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or any services or materials available through the Site; (e) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means/attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site.

You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Site in any manner that could disable, overburden, damage, or impair the Site; (c) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the material on the Site; (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Site; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (h) otherwise attempt to interfere with the proper working of the Site.

 

Intellectual Property Rights

The Site and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, and audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names), are owned by the Company and/or its subsidiaries, licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a non-exclusive, non-transferable license to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on the Site, and are permitted to use the Site for your personal, non-commercial use only. Such license may not be transferred or assigned by you, and any attempted transfer or assignment in violation hereof shall be null and void. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except to: (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Site for a permitted use.

 

User Generated Content

By using the Site and uploading any content to the site, you agree to: (a) not upload, distribute or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, (b) not use defamatory language, or post meaningless messages or “spam;” and (c) not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.

You acknowledge that any user-generated content you make on the site, including comments, forum messages, reviews, videos, photographs, etc., may be edited, removed, modified, published, transmitted and displayed by us and you waive any rights you may have in the materials submitted and any changes made by us when posted or reposted on the Site or any other media controlled by us or our affiliates or partners.

You grant the Company, and its local affiliated companies, a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for the Company or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or developed in the future.  We are not responsible for reviewing any user-generated content, but we reserve the right to delete, move or edit and content that in our sole discretion violates these Terms of Use.

 By providing any content to the Site, you are consenting to its display and publication on the Site, and any use and publication of the content by us online or offline and for any purpose, including promotional uses.

 

Company Trademarks

The Company name, the terms “Center for Diagnostic Imaging” and “Insight Imaging,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

 

Copyright Infringement

If you believe that any content on the Site violates your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices with respect to this Site should be sent to web@cdirad.com.

 

Links from the Site

The Site may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on information presented on or through the Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

Warranty Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. THE COMPANY DOES NOT REPRESENT THAT THE CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, GOVERNORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, governors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s services and products other than as expressly authorized or your use of any information obtained from the Site.

 

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with the Company in connection with the Site, constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.