Terms of Use

DICOM Grid INC, WEBSITE TERMS OF USE AND LEGAL NOTICES ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (”TERMS”), DO NOT ACCESS OR USE THIS WEB SITE.

INTRODUCTORY STATEMENT

The statements made in this website are designed to acquaint you with DICOM Grid INC and provide you with information about our market offerings. As DICOM Grid continues to evolve and grow, the need may arise, and DICOM Grid reserves the right, to revise, supplement, or rescind any statements made herein as it deems appropriate, in its sole and absolute discretion. Nothing in this website should be construed as creating a promise of future benefits or a binding contract with DICOM Grid for services, benefits or for any other purpose.

USE OF SITE

DICOM Grid, INC (”DICOM Grid”) authorizes you to view and download the materials at this Website under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”) is intended only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited. The Content at this Site is copyrighted and any unauthorized use of the Content at this Site may violate copyright, trademark and other laws.

TRADEMARKS AND SERVICE MARKS

There are proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, DICOM Grid is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of DICOM Grid’s or any third party’s intellectual property rights.

DICOM Grid is a trademark of DICOM Grid INC. DICOM Grid and the DICOM Grid™ Logo are trademarks of DICOM Grid INC.

DICOM Grid’s trademarks may be used publicly only with prior express written permission from DICOM Grid. No DICOM Grid trademark or service mark may be used as a hyperlink without DICOM Grid’s prior written permission.

Other names, content and brands are the property of their respective owners.

USER SUBMISSIONS

Other than Personal Information, which is covered under the DICOM Grid Privacy Policy (which can be accessed at www.dicomgrid.com, and is incorporated by reference herein), any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (”Communications”). DICOM Grid will have no other obligations with respect to the Communications, other than the understanding that your Personal Information you submit to us shall be treated in accordance with our Privacy Policy. For any Communications you do send, you hereby grant DICOM Grid and its designees an unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that DICOM Grid is free to use any ideas, concepts, know-how or techniques that you send DICOM Grid for any purpose whatsoever without compensation to you or any other person sending the Communication. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

LINKS TO THIRD PARTY WEB SITES

This Site may provide links to other third-party Web sites or resources. Such links to third party Web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. DICOM Grid has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, DICOM Grid makes no representations whatsoever about any other web site which you may access through this Site, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that DICOM Grid is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that DICOM Grid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

DISCLAIMER

THE SITE AND ALL CONTENT CONTAINED ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DICOM GRID HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DICOM GRID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DICOM GRID, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL , PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DICOM GRID’S OR ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR ANY DIRECT DAMAGES IN CONNECTION WITH THIS SITE EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO DICOM GRID TO ACCESS THIS SITE; OR (II) TEN U.S. DOLLARS ($10). IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Content by the Government constitutes acknowledgment of DICOM Grid proprietary rights in them.

APPLICABLE LAWS

This Site is controlled by DICOM Grid from its offices within the United States of America. DICOM Grid makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona, without reference to its conflict of laws principles. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of Arizona, and you agree to bring any legal action regarding the Site or these Terms in such courts.w

TERMINATION

DICOM Grid, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if DICOM Grid believes you have violated or acted inconsistently with the letter or spirit of these Terms, or if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.

NOTICES

Notices to you may be made via either email or regular mail. DICOM Grid may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.

REVISIONS

DICOM Grid may make changes to the materials and services at this Site, at any time without notice. You should visit this page from time to time to review the then-current Terms because they are binding on you if you access and use the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and DICOM Grid makes no commitment to update the materials and services at this Site.

ADDITIONAL REPRESENTATIONS AND WARRANTIES

You represent, warrant, and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Site in accordance with these Terms.

INDEMNITY

You agree to indemnify and hold DICOM GRID and its partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of these Terms, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

ACCEPTANCE OF TERMS

You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.