Registering to Use FastXray’s Services
When you sign up for an account through the Site to use the Services, you will be asked to agree to the FastXray User Agreement (your “User Agreement”) by checking a box or clicking on a button with terms such as “I agree” or “I accept”. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.
You will also be asked to create a unique user ID and password (your “Login Credentials”). You should immediately notify us if you believe your Login Credentials have been stolen or compromised. You are responsible for all activities that occur under your Login Credentials until you have properly notified us that your Login Credentials have been stolen or compromised. Further, you represent, warrant and covenant that: (i) the information you submit in obtaining your Login Credentials is complete and accurate; (ii) you will not share your Login Credentials with anyone; (iii) you will not circumvent, or attempt to circumvent, any technical measures that we have implemented to safeguard the Services; and (iv) you will not access or use, or attempt to access or use, our Services without validly-issued Login Credentials.
You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you.
In providing Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have submitted information to us or registered to use the Services, our responses to you or our Service announcements and any administrative messages we provide are considered part of the Services themselves, which you may not be able to opt-out from.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, consents or authorizations that you provide to us electronically, satisfy any and all legal requirements that such communications be in writing.
We reserve the right to monitor all uses of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interests, or the rights or interests of any person or entity.
We reserve the right, to the fullest extent permitted by law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights.
Restrictions on Use
To protect the confidentiality, integrity and availability of the information housed and shared on our Services, you agree that you will not, nor will you attempt to: (i) access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity; (ii) sell or transfer any information included in our Services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited emails or “spam”; (iii) probe, scan or test potential vulnerabilities of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures; (iv) disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services; (v) introduce to our Services any software, code or other device that in any way (x) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (y) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (z) overburdens or interferes with the proper functioning of our Services; (vi) disassemble, decompile or reverse engineer our Services; (vii) remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or (viii) engage in any activity other than those expressly permitted in these Terms and your User Agreement.
Use of the Services by and on behalf of Minors
You are not eligible to use our Services (including obtaining Login Credentials or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction.
If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) applicable to you are equally applicable to such minor.
Under no circumstances may our Services be used by anyone age of 13 or younger.
Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
Links to Other Sites
Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.
No Medical Advice
We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Site. You should always seek the advice of your physician or other qualified health professional if you have any questions regarding a medical condition, and you should never disregard professional medical advice or delay seeking treatment based on any content or other information included in the Services. If you think you may have a medical emergency, call your healthcare provider or your local emergency number (usually 911) immediately.
Physicians, Consultants, and Other Professionals
Our Services may include listings and directories to help you find healthcare providers that participate in our Services. Such information is provided for your convenience only and shall not constitute a recommendation or endorsement of any healthcare provider. Provider lists and directories are not comprehensive, but represent providers who have chosen to participate in the Services. Before obtaining services or treatment from any provider listed in a directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. You should confirm such information before obtaining services or treatment from any providers. As a convenience, the Services may permit you to request an appointment with a provider. However, providers are responsible for maintaining their own schedules, and we cannot ensure that any given provider will be available, nor that such provider will not cancel his or her appointment.
You agree to indemnify, defend and hold harmless FastXray and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way related to your use of our Services.
Disputes; Governing Law; Jurisdiction
The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of Nevada, without regard to the conflict of laws provisions thereof. If any action or proceeding is brought in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in Washoe County, Nevada, and agree not to bring any action relating to the use of our Services or to these Terms in any court in any jurisdiction other than the state or federal courts located in Washoe County, Nevada. We reserve the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to enforce these Terms or to protect our rights or the rights of any third-party rights in or to our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring an action to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.
Disclaimers and Limitations on Liability
ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER, INCLUDING A MEDICAL PROVIDER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
Risks You Assume
WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO US AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS.
Limitation of Liability
If any sentence, paragraph, clause or combination of the same in these Terms is held by a court of competent jurisdiction to be unenforceable in any jurisdiction, such sentence, paragraph, clause or combination shall be unenforceable in the jurisdiction where it is so held, and the remainder of these Terms shall remain binding on the parties hereto in such jurisdiction as if such unenforceable provision had not been contained herein. The enforceability of such sentence, paragraph, clause or combination of the same in these Terms otherwise shall be unaffected and shall remain enforceable in all other jurisdictions.
No provision of these Terms will be deemed waived by FastXray unless expressly waived in a writing signed by FastXray. No waiver by FastXray of any provision of these Terms shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision, and FastXray’s consent to any action shall not constitute a waiver of the requirement for obtaining FastXray’s consent respecting any subsequent action.
These Terms, together with your User Agreement, constitute the entire agreement between you and FastXray regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a User Agreement, the provision set forth in the User Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement.
Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We may update or change our Services or these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our Site of any such change. The most current version of the Terms shall govern and supersede all previous versions.
Date of Last Revision: October 25, 2017.