Updated: January 2008
Thank you for registering on radRounds, a free online service for networking with other radiologists.
These terms of service covers your use of the radRounds service and Platform.
By registering with radRounds, you are agreeing to these terms of service (�Terms of Service� or �Terms�).
radRounds, the radRounds Platform and other related graphics, our logo and sub-logos, radRounds marks, and trade names used on the radRounds Platform are the trademarks of radRounds and may not be used without permission. Other trademarks, radRounds Platform marks, and trade names that may appear on radRounds are the property of their respective owners.
You must be a registered User to use the radRounds Platform. As a User, you are responsible for keeping your password secure. Names of radRounds IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your radRounds ID.
Your interactions with other Users on the radRounds Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
You release radRounds, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the radRounds Platform.
If you are a California resident, you waive California Civil Code Section 1542, which says: �A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.�
At the risk of sounding repetitive, you are solely responsible for your conduct and content on the radRounds Platform.
As a User of radRound's free service, you agree not to include any advertising for anything other than your own organization, including ads served via an ad-server service like Google AdSense, in any Network, Code, or Content you provide on radRounds.
You also agree not to post, email, or otherwise make available any Network, Code, or Content that:
Additionally, you agree not to:
You agree to comply with all applicable laws with respect to
You, as a Network Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by radRounds) that specified Content provided by User of a Network that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the radRounds DMCA notice page. If you do not promptly remove the Content specified in the notice, radRounds may remove the Content without any liability to you or to the User that posted such Content.
radRounds maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if radRounds decides, in its sole discretion, to discontinue the radRounds Platform.
You may deactivate your radRounds account at any time, for any reason, by following the instructions on radRounds.
radRounds has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the radRounds Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Upon deactivating your account, these Terms terminates and your access rights to the radRounds Platform will immediately cease to exist.
The provisions under the following headings will survive termination of thses Terms for any reason: Licenses from You (under heading �Licenses to Code�), License from You (under heading �Licenses to Content�), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
radRounds reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the radRounds Platform or any part thereof with or without notice. radRounds will not be liable to you or to any third party for any modification, suspension or discontinuance of the radRounds Platform.
YOUR USE OF THE RADROUNDS SITE, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE RADROUNDS PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN �AS IS� AND �AS AVAILABLE� BASIS. RADROUNDS AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER RADROUNDS NOR ANY USER MAKES ANY WARRANTY THAT THE RADROUNDS PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless radRounds and iHealthBuzz, LLC, the owner of radRounds, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
YOU AGREE THAT RADROUNDS SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RADROUNDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE RADROUNDS PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE RADROUNDS PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO RADROUNDS BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
These Terms may be updated or changed by radRounds from time to time upon RadRound's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify radRounds to terminate your account.
In addition to these Terms, you will comply with all policies applicable to radRounds and the radRounds Platform, which policies are (i) either posted in the radRounds Platform or provided to you and (ii) incorporated by reference into these Terms.
The failure of radRounds to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your radRounds account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any radRounds computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the radRounds Platform are intended third party beneficiaries of your obligations under these Terms.
radRounds may assign these Terms to any successor or purchaser of radRounds or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
We welcome your feedback on this document.