Outlined below is important information regarding the terms and conditions of using the services (Service, collectively Services) of the Veloximaging.com Site (as defined below) as a Velox Imaging Client or as a Guest to this Site (as defined below.)
PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE
WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
This agreement is the user agreement (the Agreement or User Agreement) for Velox Imaging. This
Agreement describes the terms and conditions applicable to your use of our services available under the
domain and sub-domains of http://VeloxImaging.com (the Site). If you do not agree to be bound by the
terms and conditions of this Agreement, do not access the Site or use the Services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the
Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by
reference, before you may use the Site. Also note that other pages on this Site may contain further terms and
conditions that apply to you as a Velox Imaging user.
This Site is owned and operated by Velox Imaging, a company incorporated under the federal laws of Canada.
1. Access Rights
2. Electronic Communications
3. Materials Posted on Site: Reviews and Ratings
4. Your Conduct When Using the Site
When using the Services available on the Site, you agree to use the Services in accordance with the following:
5. Proprietary Rights
6. Linked Sites
SOME LINKS IN THE VELOX IMAGING SITE LET YOU LEAVE THE VELOX IMAGING SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF VELOX IMAGING AND VELOX IMAGING IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. VELOX IMAGING IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY VELOX IMAGING OF THE LINKED SITE.
7. Disclaimer and Disruptions or Interruptions in Service
THE MATERIALS IN THE VELOX IMAGING SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, VELOX IMAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE VELOX IMAGING
SITE AND ANY WEB SITE WITH WHICH THE VELOX IMAGING SITE IS LINKED. VELOX IMAGING DOES NOT WARRANT THE
FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS WILL MEET YOUR REQUIREMENTS,
THAT THESE SITES OR THEIR CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE VELOX
IMAGING NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, VELOX
IMAGING MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE
OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINED BY MEMBERS.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY VELOX IMAGING FOR
WHATEVER REASON, EVEN IF VELOX IMAGING OFFICIALS HAVE BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS
LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, VELOX IMAGING SHALL NOT BE REQUIRED TO ISSUE A
REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS VELOX IMAGING OFFICIALS HAVE IDENTIFIED THE CAUSE OF AN
INTERRUPTION OR DISRUPTION, VELOX IMAGING SHALL USE IT REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS
REASONABLY POSSIBLE.
8. Use of the Term Partner
The use of term partner on this Site and in any other materials is not intended to indicate that the partners are in a legal partnership with Velox Imaging. Rather, the term is used in a marketing sense to show participation by the other parties involved in the Velox Imaging products and services.
9. Termination
These terms and conditions of use constitute an agreement that is effective until terminated by Velox Imaging at any time without notice. Velox Imaging may terminate your right to use this Site immediately, without notice to you if, in the sole discretion of Velox Imaging, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination, you are no longer authorized to access the benefits of this Site; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement. These terms and conditions of use together with the Privacy Policy of the Site constitute the entire agreement between you and Velox Imaging related to this Site.
10. Governing Law
This agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada without giving effect to any principles of conflicts of law. You agree to bring any claims against Velox Imaging exclusively in the courts of the Province of Ontario. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
11. Compliance with Laws
12. Assignment
You do not have any right to assign this Agreement or any of your rights to the Service to anyone. Velox Imaging may assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of Velox Imaging, if obligations of Velox Imaging herein are assumed by a third party, Velox Imaging shall be relieved of any and all obligations and liability under this Agreement.
13. Viruses
While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
14. Service Providers
To provide and process the services to you, Velox Imaging shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf.
15. Our Obligations
Velox Imaging may be required by law to disclose information you have provided in using any of the services on the Website. Velox Imaging may also disclose information where someone poses a threat to Velox Imaging’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of Velox Imaging that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. In the event that Velox Imaging receives a court order to disclose information on the Website about you or your activities on the Website, you agree that such information may be disclosed.
16. Other Web Sites
17. Surveys and Disclosure of Information
18. Request Customer Support or Submit Questions/Suggestions
When you request assistance with viewing your profile, logging on to the Velox Imaging Web site, or accessing your account, we will respond to you via e-mail or telephone.
19. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets. We store and process your information on computers located in Canada or the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available on the Site. If you object to your information being transferred or used in this way, please do not use the Service.
20. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither Velox Imaging, its parent, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or reviews, ratings or opinions provided on the Velox Imaging site or from the use of, or the inability to use Velox Imaging materials. You specifically agree that Velox Imaging is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Velox Imaging site or any materials on the site, or with any of Velox Imaging terms and conditions of use or the Velox Imaging Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.
21. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
22. No Agency
You and Velox Imaging are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
23. Changes to These Terms and Conditions of Use
Velox Imaging reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use by posting the modified, altered or updated terms on the Site, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Services. Your continued use of any of the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.