NORTHWEST RADIOLOGY

WEB TERMS OF USE

Acceptance of Terms Through Use

By using Northwest Radiology's ("NWR") web site (the “Site”), you agree to be bound by all terms and conditions stated herein (the “Terms of Use”) and in NWR's Privacy Policy.  We reserve the right to modify the Terms of Use at any time, and your continued use of the Site indicates your agreement to any revised terms.  Accordingly, we urge you to review the Terms of Use at the start of each use of the Site, and if you do not agree to the terms of this or any revised version, please exit the Site immediately.

Links to Third Party Sites

The Site may contain links to sites operated by third parties.  The linked sites are not under our control, and we are not responsible for the contents of any linked site.  Please review the linked site, and, if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site.  We provide links only as a courtesy, and such links do not imply our endorsement of or affiliation to any linked site.

Intellectual Property

You acknowledge that materials available on the Site, including, without limitation, text, design, photographs, audio and video, ("Content") are protected by copyright law and are owned by NWR or are used by permission.  All worldwide right and title are reserved to the owners of copyrights in the Content on the Site.  You shall obtain no right, title or interest in any Content through your use of the Site.  Except as we may expressly authorize, you agree not to copy, sell, license, rent, modify, distribute, or otherwise use the Content.  Northwest Radiology is a protected trademark of NWR, and other trademarks, service marks, tradenames and logos ("Marks") are the property of their respective owners and are used by NWR by permission.  You shall obtain no right, title or interest in any Marks through your use of the Site.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES OR FUNCTIONS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” FOR YOUR USE.  THIS SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.  NEITHER NWR NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.  INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NWR, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  NWR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnification

You agree to defend, indemnify, and hold NWR and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable.  NWR makes no representation that this Site is appropriate or available for use in locations outside the United States, and accessing the Site from territories where their contents are illegal is prohibited.   

Choice of Law
This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration, Severability and Termination
This Terms of Use constitutes the entire agreement between you and NWR with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to this Site.  If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. NWR reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.