Terms of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern HyperMed Imaging, Inc.’s relationship with you in relation to this website. HyperMed Imaging, Inc. reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this website and are effective immediately. The current version is effective beginning 10/01/2016. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the website after any such changes constitutes your acceptance of such changes. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘HyperMed Imaging, Inc.’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 8700 Trail Lake Drive West, Suite 200 Memphis, TN 38125. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms and conditions of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

THE MATERIALS AND CONTENT CONTAINED IN THE WEBSITE ARE PROVIDED “AS IS.” HYPERMED IMAGING, INC., through and together with its directors, managers, officers, stockholders, members, agents, representatives, employees and affiliated entities (collectively, the “COMPANY Affiliates” and each, a “COMPANY Affiliate”) MAKE NO WARRANTIES REGARDING THE MATERIALS OR CONTENT WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This site may contain from time to time information related to various health, medical, and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for you.

IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY COMPANY AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF THIS SITE BY HYPERMED IMAGING, INC. YOU AND HYPERMED IMAGING, INC. AGREE THAT THIS PARAGRAPH IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND HYPERMED IMAGING, INC. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HYPERMED IMAGING, INC. WOULD NOT MAKE THIS WEBSITE AVAILABLE TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THIS WEBSITE, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSIBLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY THE COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

All content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. HyperMed Imaging, Inc. does not grant any express or implied rights to you under any patent, copyright, trademark, or trade secret information. Accordingly, any unauthorized use of the website or the content may violate copyright laws, trademark laws, trade secret laws, or laws relating to privacy and publicity.

You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to agree to these Terms and Conditions of Use. You agree not to use this website for any unlawful or abusive purpose or in any way which interferes with our ability to make the website available to others, or damages our property. You agree that your use of the website is subject to all applicable local, state, national and international laws and regulations. You also agree:

• to comply with US law and local laws or rules regarding online conduct and acceptable content;
• not to host, submit content to or use this website without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a “Minor”);
• not to use any robot, spider, scraper or other automatic device, process or means to access this website for any purpose without HyperMed Imaging, Inc.’s express written permission;
• not to use this website for any commercial purposes that are not expressly permitted by these Terms and Conditions of Use;
• not to take any action that imposes or may impose (in HyperMed Imaging Inc.’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• not to upload or transmit viruses or other harmful, disruptive or destructive files;
• not to disrupt, interfere with, or otherwise harm or violate the security of this website, or any services, system resources, servers or networks connected to or accessible through this website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Tennessee, U.S.A. You agree that any suit, action or proceeding arising out of or relating to these Terms and Conditions of Use shall be instituted only in a state or federal court sitting in the State of Tennessee, U.S.A. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

We may assign all or part of our rights or duties under these Terms and Conditions of Use in connection with a sale of all or substantially all the assets of HyperMed Imaging, Inc. (including the website and operations) to a third party. You may not assign these Terms and Conditions of Use without our prior written consent. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. These Terms and Conditions of Use constitutes the entire agreement between HyperMed Imaging, Inc. and you with respect to your use of the website, and supersedes all prior or contemporaneous communications and proposals between HyperMed Imaging, Inc. and you with respect thereto. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.