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Terms of Use

Last Modified: November 11, 2020

Please read these terms of service (“Terms”) that form an agreement between you and TRA Medical Imaging (the “Company”, “we”, “us”, “our”) covering your access and use of its services, software applications, website, and accompanying materials, including any updates to those (collectively the “TRA Mobile App” or “Service”).

By accessing or using the TRA Mobile App, you accept and agree to be bound by these Terms that are subject to change at any time and effective immediately upon using the Service.  You are responsible for regularly reviewing these Terms, and continuous use of the Service after any changes shall constitute your consent to such changes, whether or not you have reviewed them.  We do not and will not assume any obligation to notify you of any changes to these Terms.

You also accept our Privacy Policy (https://www.tranow.com/for-patients/patient-privacy-policy/). If you are not legally able to be bound by these Terms or do not agree to be bound by these terms, your use of the TRA Mobile App is prohibited.  By using the Service, you represent and warrant that you have read and understood, and agree to, these Terms.

You acknowledge and agree that we may occasionally contact you via email, telephone, or text message for purposes consistent with these Terms and our Privacy Policy.

Please note that we do not provide warranties for the Service. This contract also limits our liability to you with respect to your use of the Service.

For ease of understanding, the terms are broken into sections:

Using the TRA Mobile App  /  Acceptable Use

You are responsible for your use of the TRA Mobile App.  You agree not to misuse the Service.

While using the TRA Mobile App, it is forbidden to:

  1. use the Service if you are not able to form legally binding contracts or you are under the age of 18;
  2. pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
  3. use any device, software, or routine to interfere or attempt to interfere with the proper working of the TRA Mobile App or with any other user’s use of or access to the Service;
  4. probe, scan, or test the vulnerability of any system or network;
  5. breach or otherwise circumvent any security or authentication measures of the Service;
  6. access the Service by any means other than our publicly supported API, if any;
  7. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  8. resell the Service via unauthorized channels;
  9. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through the Service;
  10. violate the law in any way including storing, publishing or sharing material that’s fraudulent, defamatory, pornographic or indecent, misleading, includes harmful computer code, or that violates the privacy or infringes the rights of others such as using trademarks, copyrighted materials, or other content that does not belong to you.

We may review your conduct and content for compliance with these Terms.  However, we have no obligation to do so. Even though our policy and other efforts aim to prevent the misuse, as detailed above, we are not responsible for the actions of and content uploaded, created or transmitted by, users of the TRA Mobile App.

Your Rights & Responsibilities

In addition to complying with the Acceptable Use Terms above, you are responsible for your use of the TRA Mobile App.  More specifically, you acknowledge and accept the following:

  1. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your username and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential; notifying TRA Medical Imaging immediately of any unauthorized use of your account or password, or any other breach of security; you may be held liable for losses incurred by TRA Medical Imaging or any other user of the TRA Mobile App due to someone else using your username, password, or account as a result of your failing to keep your account information secure and confidential;
  2. You may not use anyone else’s TRA Mobile App username, password, or account at any time without the express permission and consent of the holder of that username, password, or account. TRA Medical Imaging cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
  3. You are obliged to use your account in accordance with all provisions stipulated in these Terms and all applicable laws and regulations, both in your locality and of the U.S.

Term & Termination

The term of your use of the TRA Mobile App will commence once you agree to these Terms by clicking the checkbox, and complete the registration process for your account. You may terminate your account, at your own discretion, at any time. We reserve the right to suspend or end the Service, or your use of the Service, at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you are not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service, or disrupt others’ use of or access to the Service. Upon termination of your account, all Your rights under these Terms shall be immediately terminated.

No Representations or Warranties Regarding Content

YOU ACKNOWLEDGE AND AGREE THAT TRA MEDICAL IMAGING DOES NOT REPRESENT THE TRA MOBILE APP AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES, AND THE USE OF THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. TRA MEDICAL IMAGING MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, SECURITY, QUALITY OR ACCURACY OF THE TRA MOBILE APP. WITHOUT LIMITING THE FOREGOING, TRA MEDICAL IMAGING DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED OR STATUTORY REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE TECHNOLOGY AND CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS OF THE TECHNOLOGY AND CONTENT.

WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY TECHNOLOGY AND CONTENT AVAILABLE FOR DOWNLOADING FROM THE TRA MOBILE APP IS FREE OF ERROR OR STABLE FOR ANY PARTICULAR PURPOSE OR INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, NOR THAT THE USE OF SUCH TECHNOLOGY AND CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT DELIVERED IN THE APP. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH  THE APP AT YOUR OWN DISCRETION AND RISK, AND THAT TRA MEDICAL IMAGING, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICE OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT.

THE TRA MOBILE APP, ITS CONTENTS, TECHNOLOGY, AND ANY SERVICES OBTAINED THROUGH THE APP ARE BEING PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRA MEDICAL IMAGING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE app, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRA MEDICAL IMAGING WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE APP. YOU ASSUME ALL RISK FOR YOUR SELECTION AND USE OF THE APP.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL TRA MEDICAL IMAGING, ITS AFFILIATES, OFFICERS, TRUSTEES, EMPLOYEES, PROVIDERS, VENDORS, LICENSORS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP OR WITH THE DELAY OR INABILITY TO USE THE APP, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR CONTENT THROUGH THE APP, OR FOR ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF YOUR USE OR ACCESS TO THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRA MEDICAL IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM TRA MEDICAL IMAGING’S NEGLIGENCE OR GROSS NEGLIGENCE. YOU SPECIFICALLY AGREE THAT NEITHER TRA MEDICAL IMAGING NOR ITS AFFILIATES, OFFICERS, TRUSTEES, EMPLOYEES, PROVIDERS, VENDORS, LICENSORS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE APP AND/OR YOUR ACCESS TO AND/OR USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Exclusive Remedy

Your sole remedy against TRA Medical Imaging in the event of a dispute arising out of these Terms and/or your use of or access to the TRA Mobile App, is to cease your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless TRA Medical Imaging, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, contractors, service providers and suppliers, and its licensors, and their respective directors, officers, employees and agents from and against any and all any demands, loss, liability, damage, claim, cost or expense (including attorneys’ fees), arising out of or related to, or alleged to arise out of or relate to, your violation of these Terms or your use of or access to the TRA Mobile App.

Intellectual Property Rights

The TRA Mobile App and its materials, including but not limited to its source code, content, screens and text, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Service and its materials, violate such laws and the Terms. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the TRA Mobile App, materials or any portions of the Service. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Service.

Waiver

TRA Medical Imaging’s failure to enforce a provision of these Terms is not a waiver of its right to do so later.

Severability

If one or more of the provisions contained in these Terms are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

Assignment

TRA Medical Imaging may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the TRA Mobile App.

Force Majeure

Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

Controlling Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington. You agree that all matters relating to your access to or use of the TRA Mobile App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.

Arbitration

At TRA Medical Imaging’s sole discretion, it may require you to submit any controversy, dispute, or claim arising out of or relating to these Terms (including but not limited to our Privacy Policy) or your use of or access to the TRA Mobile App, including disputes arising from or concerning the Terms’ interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration in accordance with the rules of the American Arbitration Association then in effect, applying Washington law. Any such arbitration will be conducted in King County, Washington.  No arbitration proceeding or legal action, regardless of its form, related to or arising out of this Agreement, may be brought by either party more than one year after the occurrence of the act or event on which the claim is based, regardless of when the existence of the claim was discovered, or by the exercise of reasonable diligence, could have been discovered. If we fail to enforce any of these Terms, such failure will not be considered a waiver, or to be a continuing waiver, of such Term(s) or any other term or condition.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. TRA Medical Imaging shall be free to use such information on an unrestricted basis.

Entire Agreement

These Terms constitute the entire agreement between you and TRA Medical Imaging with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

The information contained in these Terms and the TRA Mobile App is subject to change without notice.

Copyright 2020 TRA Medical Imaging. All rights reserved.

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