AGREEMENT BETWEEN WEBSITE USER AND BEAM RADIOLOGY

This website (“Site”) is operated by Beam Radiology (“Beam”). Throughout the site the terms “we” “us” and “our” refer to Beam. Beam offers this Site, including all information and services from this Site to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices.

By visiting our Site or receiving services from us, you engage in our “Services” and are bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced on this Site and available by hyperlink. These Terms apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants, and contributors of content. Please read the Terms carefully prior to using our Services. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to the Terms, then you must not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Your use of the Service is at your own risk.

SCOPE OF AGREEMENT

These Terms govern your use of the Service and is the entire agreement between you and us. These Terms replace all previous agreements with respect to use of the Service. If there is any inconsistency or conflict between the provisions of these Terms and any other agreements with us, these Terms governs access to the Service. Other agreements govern all other matters.

We may refuse Service to anyone for any reason at any time.

Any ambiguities will not be interpreted against us when interpreting these Terms.

MODIFICATION OF THESE TERMS OF US

Any new features or tools which are added to the Services is also subject to the Terms. You can review the most current version of the Terms at any time on this page. We may update, change, or replace any part of these Terms by posting updates to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We may refuse service to anyone for any reason at any time and establish limits concerning access to the Service at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECURITY

We cannot guarantee that unauthorized third parties will be unable to bypass the Service’s security measures or use any other personal information you provide for improper purposes. You acknowledge that you provide personal information at your own risk.

PRIVACY

Our Privacy Policy governs your personal information. The Privacy Policy can be found here. Please review the Privacy Policy for information about how we collect, use, and share your information. By using the Service you consent to the collection, use, and sharing (as set forth in the Privacy policy) of personal information, including the transfer of this information to Canada and/or other countries for storage, processing, and use by us.

INTELLECTUAL PROPERTY

All contents of our Service are copyrighted by us or our suppliers. All content presented through our Service is our exclusive property, including all text, images, graphics, job descriptions, logos, icons, PDFs, videos, and code. You may view and print individual pages from the Service for personal, non-commercial use. No material from the Service may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without our prior written permission.

The names of actual companies and products mentioned may be the trademarks of their respective owners. All rights reserved.

LINKS TO THIRD-PARTY SITES

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We strongly advise that you carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

COPYRIGHT POLICY

We respect the intellectual property rights of all other parties and we expect you to do the same. All property rights are protected under the Copyright Act RSC, 1985, c C-42.

INDEMNIFICATION

You agree to indemnify us, our principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, expenses (including legal fees and costs), actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

LIABILITY DISCLAIMER AND NON-WAIVER OF RIGHTS

You interact with, visit, and use our Service at your own risk.

The information, graphics, software, products, and services included in, described on, or available through the Service may include factual inaccuracies, typographical errors, and other mistakes. We or our suppliers may make improvements and/or changes to our Service at any time. Advice received through the Service should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

We or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics through the Service for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” and “as available” without warranty or condition of any kind. We or our suppliers disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event will we or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages. This includes, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our Service, with the delay or inability to use the Service or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Service, or otherwise arising out of the use of our Service, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers has been advised of the possibility of damages. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.

If you breach any of these Terms and we choose not to immediately act, or chooses not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We will not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms will have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

TERMINATION/ACCESS RESTRICTION

We reserve the right, at our sole discretion, to terminate your access to the Service at any time without notice. Termination of your access to and use of the Service will not relieve you of any obligations arising prior to termination or limit any liability that you may have to us or a third party. Your right to access the Service will cease immediately upon termination of your access.

SURVIVABILITY

The Terms that survive termination include ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service does not relieve you of any obligations arising prior to termination or limit any liability that you otherwise may have to us or any third party.

GOVERNING LAW

These Terms will be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the Federal laws of Canada, as applicable.

DISPUTE RESOLUTION

For any dispute you have with us, you agree first to contact us and attempt to resolve the dispute informally. If this is not possible, the claim will be resolved through arbitration, as permitted by applicable law.

(A)   The award rendered by the arbitrator will include costs of arbitration, reasonable legal fees, and reasonable costs for experts and other witnesses. Any judgment on the award given by the arbitrator may be entered in any court of competent jurisdiction.

(B)   You and we are not prevented from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access.

(C)    All claims must be brought in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims.

(D)   Any arbitration contemplated under this section will be subject to any applicable laws.

(E)    You waive your right to a trial by jury or to participate in a class action.

VIOLATION OF TERMS

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

OTHER MATTERS

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

CONTACT US

If you have any question regarding our Terms, please contact us.