RADAR Nudge End User Agreement

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet web site owned and operated by RadNet Management, Inc. and RADAR Software (collectively, "RADNET"). Please read these Terms of Use carefully before using this web site. Your use of this web site represents that you have read, understood, and agreed to these Terms of Use. If you do not agree to these Terms of Use, you are not to use this web site.

This web site provides users a secure, encrypted, and easy way to deliver text messages, instant messages, images, files, and other information to other verified users of the system that have agreed to these terms as well. This web site does not provide medical advice or professional services. If you have any medical questions, you should consult your own physician or health care provider. None of the information provided on this web site is intended as a medical diagnosis or clinical representation.

RADNET reserves the right to update or change these Terms of Use at any time and for any reason (see "Modifications" below). If RADNET makes significant changes to its policies, a notice will be posted on its home page, or we will alert you to such changes by other similar means. By continuing to use this web site, you agree to be bound by any such revisions and, therefore, you should visit this page of the web site periodically.

In addition to these Terms of Use, you should also read and be aware of the provisions of RADNET's Privacy and Security Policy, which discloses RADAR Software's practices regarding the collection and use of your personal information, and other policies that govern this web site.

1. Accepting the Terms

By using RADAR Nudge, you agree to be bound by the terms and conditions of this Agreement and RADNET's Privacy and Security Policy, as they may be amended from time to time in the future. If you wish to make use of RADAR Nudge, you must read this Agreement and indicate your acceptance during the registration process.

You may not use RADAR Nudge and you may not accept this Agreement if you are not of a legal age to form a binding contract with RADAR Software.

If you accept this Agreement, you represent that you have the capacity to be bound by it.

2. Privacy and Your Personal Information

For information about RADAR Software's data protection practices, please read RADNET'S Privacy and Security Policy, which is hereby incorporated into this Agreement by reference as if fully rewritten herein. This policy explains how RADNET treats your personal information when you access RADAR Nudge. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Description of the RADAR Web Site

RADAR provides users with a means to deliver and receive secure and encrypted text messages, files, and images with other verified users who have also agreed to these terms. RADAR Nudge is not intended to and should not be construed as providing legal or medical advice.

4. Account Information

If you use RADAR Nudge, you are responsible for maintaining the confidentiality of your account and all the information you submit to it ("Account Information"), including your user login, password, and security responses. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. RADNET reserves the right to refuse service or terminate accounts in its sole discretion.

All medical information uploaded to RADAR Nudge is encrypted. RADNET does not have any means to independently decrypt the information and makes no effort to review the Account Information or the information to RADAR Nudge for any purpose, including, but not limited to, accuracy, legality, non-infringement, or compliance with any local, state or Federal Laws. RADNET does not maintain unencrypted images on RADAR Nudge. The storage of all information on RADAR Nudge complies with the requirements of the Privacy and Security Rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 ("HITECH Act"), and the regulations promulgated under HIPAA and the HITECH Act by the U.S. Department of Health and Human Services. RADNET is not responsible for any content that is uploaded to RADAR Nudge.

RADNET cannot always foresee or anticipate technical or other difficulties which may result in a failure to obtain data, a loss of data or account preferences, or other service interruptions. RADNET is not responsible for the timeliness, accuracy, deletion, non-delivery, or storage failure of any user data, communications, or account preferences. For example, when displayed through RADAR Nudge, Account Information is only as current as the time shown. You can update your Account Information through RADAR Nudge, in the manner prescribed in the associated instructions.

5. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password and security question responses. Your password, together with your login ID, allows you to access RADAR Nudge. Your login ID, password, and security question responses, together with any contact information you provide, form your "Registration Information."

By providing us with your e-mail address and mobile phone number, you agree to receive all required notices electronically to that e-mail address, or mobile device. It is your responsibility to update or change that address, or mobile telephone number as appropriate. Notices will be provided in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify RADNET immediately at the following e-mail address: support@radarmed.com.

6. Your Use of the Service

You are only entitled to access and use RADAR Nudge for lawful purposes.

RADNET grants you a limited license to access and make personal use of RADAR Nudge and not to download (other than page caching) or modify, or any portion thereof, except with express written consent of RADNET. You are prohibited from conducting any resale or commercial use of RADAR Nudge or its contents; any derivative use of RADAR Nudge or its contents; any downloading or copying of images or account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by RADNET in a separate license, your right to use any software, data, documentation or other materials that you access or download through RADAR Nudge is subject to this Agreement.

No portion of RADAR Nudge may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RADNET.

Accurate records enable RADNET to provide RADAR Nudge to you. In order for RADAR Nudge to function effectively, you must also keep your Patient Registration Information up-to-date and accurate. If you do not do this, the accuracy and effectiveness of RADAR Nudge to you may be affected.

Your access and use of RADAR Nudge may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of RADAR Nudge, or other actions that RADAR Software, in its sole discretion, may elect to take.

You may link to www.radarmed.com from a web site, weblog, or similar application, as long as: (a) the links redirect the user to www.radarmed.com when the user clicks on them, (b) you do not insert any intermediate page, splash page, or other content between the links and www.radarmed.com, (c) the linking does not suggest that RADNET promotes or endorses any third party's web sites, products, or services, (d) you do not use any Materials for inappropriate commercial purposes, and (e) you provide attribution to RADNET adjacent to the link. You may not link to any other part of this web site besides www.radarmed.com. RADNET reserves the right to alter or remove the content of this web site without notice. RADNETalso reserves the right to require that you cease linking to www.radarmed.com at any time and for any reason.

7. Access and Interference

You agree that you will not:

8. Disclaimer of Representations and Warranties

RADNET attempts to ensure that all information provided on this web site is accurate and reliable, but errors may sometimes occur. RADNET makes no representations that the information (including, without limitation, information that may be provided by a third party), materials and services provided on RADAR Nudge are accurate, reliable, complete, or current, or that defects or errors in RADAR Nudge will be corrected.

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH RADAR Nudge OR PROVIDED THROUGH RADAR Nudge ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. RADNET MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT, IMAGES OR OTHER INFORMATION AVAILABLE ON OR THE OPERATION OF RADAR Nudge. YOU EXPRESSLY AGREE THAT YOUR USE OF RADAR Nudge IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RADNET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. RADNETMAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON RADAR Nudge. RADNETMAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT, IMAGES OR OTHER INFORMATION THAT MAY BE AVAILABLE THROUGH OR UPLOADED TO RADAR Nudge ARE FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

9. Alert Disclaimer

You understand and agree that any alerts provided to you relative to RADAR Nudge may be delayed or prevented by a variety of factors. RADNET does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that RADNET shall not be liable for any delays, failure to deliver or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

10. No Medical Advice

RADAR Nudge DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE. RADAR IS NOT A HEALTH CARE ORGANIZATION, HEALTH CARE PROFESSIONAL OR A MEDICAL SERVICE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE. ALL MEDICAL DECISIONS, INCLUDING INTERPRETATION OF ANY CONTOUR OR IMAGE, AND ANY DIAGNOSIS, TREATMENT AND/OR CARE PLAN, MADE BY HEALTH CARE PROFESSIONALS AS THE RESULT OF THE USE OF RADAR Nudge ARE STRICTLY THE RESPONSIBILITY OF YOU AND THOSE INDIVIDUALS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ARTIFACTS OR CORRUPTED DATA MAY BE PRESENT IN COMPUTER-GENERATED IMAGES, INCLUDING IMAGES AND CONTOURS GENERATED BY OR THROUGH RADAR Nudge, THAT ARE BEYOND THE CONTROL OF ANY SOFTWARE PRODUCT AND THAT SUCH ARTIFACTS OR CORRUPTED DATA MAY ALSO BE CAUSED BY HARDWARE AND/OR DISPLAY MALFUNCTIONS. RADNET DOES NOT WARRANT THAT IMAGES OR CONTOURS PRODUCED BY OR THROUGH RADAR Nudge WILL BE FREE FROM ARTIFACTS OR CORRUPTION. IT IS THE SOLE RESPONSIBILITY OF YOU AND YOUR HEALTH CARE PROFESSIONAL TO ANTICIPATE THE POSSIBILITY OF SUCH ARTIFACTS AND/OR CORRUPTION IN INTERPRETING IMAGES AND CONTOURS PRODUCED BY OR THROUGH RADAR Nudge.

11. Limitation on RADAR Software's Liability

IN NO EVENT SHALL RADAR SOFTWARE, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, RADAR Nudge OR ANY MATERIAL, IMAGE OR INFORMATION CONTAINED IN OR ACCESSED THROUGH RADAR Nudge, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RADNET IS ADVISED OF THE LIKELIHOOD OF POSSIBILITY OF THE SAME. IN NO EVENT IS RADNET LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,

12. Your Indemnification of RADAR Software

You assume sole responsibility for your use of RADAR Nudge. You shall indemnify, defend and hold harmless RADNET and its imaging centers, affiliates, stockholders, directors, officers, agents, representatives, and employees from and against any and all claims, losses, liabilities, costs, fees, obligations and/or damages (including attorneys' fees) arising out of or relating to (i) your use of RADAR Nudge, (ii) any claim by a third party that your use, modification or alteration of RADAR Nudge infringes any proprietary right of any third party, (iii) a breach by you of any of your obligations under this Agreement, (iv) any acts or omissions by you in connection with this Agreement or the modification of RADAR Nudge, (v) your gross negligence or willful misconduct, (vi) any claim that any patient's (including your) condition or disease was not diagnosed or was misdiagnosed as the result of any contour or image produced on or uploaded to RADAR Nudge, or (vii) any product liability, personal injury, death or damage or destruction of property or premises resulting from your use of RADAR Nudge.

13. Trademarks

MIM™, RADAR Software™, RADAR Nudge™ and any other product or service name or slogan or logo contained in RADAR Nudge are trademarks of RADNET or the original trademark owner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RADNET or the original trademark owner. Ownership of all such trademarks and the goodwill associated therewith remains with RADNET or the original trademark owner. You may not use any meta tags or any other "hidden text" utilizing any name, trademark, or product or service name of RADNET without RADAR Software's prior written permission. In addition, the look and feel of the RADAR Nudge web site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of RADNET and may not be copied, imitated, or used (in whole or in part) without RADAR Software's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by RADAR Software.

You acknowledge and agree that any use of the RADNET trademarks shall inure to the sole benefit of RADAR Software. You agree not to: (a) challenge RADAR Software's ownership, use of or the validity of the RADNET trademarks; (b) attempt or register any mark or logo identical or substantially similar to any RADNET trademarks; (c) remove, alter or add to any RADNET trademarks; (d) incorporate any RADNET trademark into other trademarks, product names, service marks, company names, slogans, domain names or any other similar designations for use on or in connection with any computer and/or medical image-related hardware, software, technologies or services or any other products or services likely to cause confusion with or dilute the RADNET trademarks; or (e) infringe any RADNET trademarks or associated intellectual property rights.

14. Termination

This Agreement will continue to apply until terminated by either you or RADNET as set forth below. If you choose to terminate your legal agreement with RADAR Software, you may do so by closing your RADAR Nudge account.

RADNET may terminate, suspend, or modify your account with, or access to, all or part of RADAR Nudge without notice, at any time and for any reason, including, without limitation:

If you breach this Agreement, your authorization to use RADAR Nudge (including, without limitation, permission to access your account) automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof) other than the information or images that you are otherwise lawfully entitled to retain.


Version:
06-08-2014