REFILLS

NU IMAGE MEDICAL’S TERMS & CONDITIONS

Please read these Terms of Use (“Terms”) carefully before using Nu Image Medical, Inc.’s (collectively referred to as “Nu Image Medical,” “we,” “us,” “our” or “ours”) Website (collectively, the “Site” or “Sites”). Using this Site indicates that you have read and accepted these Terms. Should you not agree with these Terms please do not use this Site.

Please note that special terms apply to some services offered on our Sites, such as rules for contests or sweepstakes or other features or activities. These special terms are posted in connection with the applicable service. Any such terms are in addition to the Terms, and in the event of a conflict, prevail over the Terms.

You acknowledge that the Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of our Sites, and receipt of information available at or through the Sites. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice.

USE OF OUR SITE

When you enroll/register to open an account anywhere on our Sites, or when you contact us through our Sites for the purpose of receiving products or services, we may collect certain personal information about you. Our use of such information is governed by the provisions of the Nu Image Medical’s Online Privacy Policy for the Site, located at https://nuimagemedical.com/privacy-policy. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your account on our Sites, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your password on our sites and you are solely responsible for all activities that occur under your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security related to our Sites. We reserve the right to require you to change your password if we believe that your password is no longer secure.

Furthermore, you agree not to use our Sites (including, without limitation, any data, materials and information or services you may obtain through your use of our Sites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt our Sites or servers or networks connected to our Sites. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with our Sites; or (f) attempt to gain unauthorized access to any portion of our Sites or any other accounts, computer systems, or networks connected to our Sites, whether through hacking, password mining, or any other means.

Reference to any product or service on our Sites does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. Nothing contained in this Web Site shall constitute an offer by Nu Image Medical or its affiliates to buy or sell products or services. No agreement to sell products or services shall be formed until an enrollment or order is placed by you and then approved by Nu Image Medical or one of its affiliates in the manner set forth in Nu Image Medical’s specific enrollment or ordering instructions. The terms of such agreement shall be those of Nu Image Medical or such affiliate’s standard terms and conditions. All product requests or orders are subject to applicable law.

The products or services that you obtain or receive from Nu Image Medical, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Site is for informational, scheduling and payment purposes only. All medically related information, including but not limited to information shared via Nu Image Medical’s Sites, the Nu Image Medical blog, official Nu Image Medical social channels, Nu Image Medical emails and text messages, and Nu Image Medical advertising, comes from independent healthcare professionals and organizations and is for information purposes only.

By using Nu Image Medical’s Sites, you accept that the content, whether such content is provided by or through the use of the services or through any other communications from company, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider because of something you may have read on the site. Do not use the services for emergency medical needs. If you experience a medical emergency, immediately call a health care professional and 911. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional health care advice, or the provision of medical care.

We do not recommend or endorse any specific tests, healthcare providers, procedures, opinions, or other information that may appear through the Sites. If you rely on any content provided through the Sites, you do so solely at your own risk.

By using Nu Image Medical’s Sites, you accept that no licensed medical professional/patient relationship is created with Nu Image Medical by using the Sites, whether such content is provided by or through the use of the services or through any other communications from Nu Image Medical including, but not limited to Nu Image Medical blog, official Nu Image Medical social channels, Nu Image Medical emails or text messages, links to other sites, or any assistance we may provide to help you find an appropriate healthcare provider in any field.

We have no control over and cannot guarantee the availability of any healthcare provider at any particular time. The patient medical relationship will be between the patient and his/her healthcare provider. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting there from, or for any other injury resulting or arising from or related to the use of the Site or services whatsoever.

INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS

In connection with using the Site and the services to locate and schedule telemedicine appointments with healthcare providers, you understand that you are the final person responsible for choosing your own healthcare provider.

Nu Image Medical uses reasonable efforts to ensure that Nu Image Medical healthcare providers only participate in Nu Image Medical Telemedicine services if they hold all active licenses required by law to practice the specialties of the services offered by them. Nu Image Medical may exclude healthcare providers who, in Nu Image Medical’s discretion, have engaged in inappropriate or unprofessional conduct. Nu Image Medical does not recommend or endorse any healthcare providers, does not make any representations or warranties with respect to these healthcare providers or the quality of the healthcare services they may provide, and does not receive any fees from healthcare providers for referrals or for featuring them. If a health complaint cannot be resolved through telemedicine, customer agrees to follow up care through an office visit or home visit as ordered by the healthcare provider. The customer will have the option to accept or decline further care. However, if customer declines further care as ordered by the healthcare provider, healthcare provider will not be held liable for any resulting complications.

You (“Customer”) are freely seeking medical consultation via the Internet or direct contact and you acknowledge and consent to Nu Image Medical and physicians referred by Nu Image Medical (“Physicians”) reviewing Customer’s medical history without having the opportunity to conduct an in-person physical examination. Customer represents that he or she is under the care of a primary care physician and that physicians will not rely or substitute the advice of physician should it conflict with the advice given to me by customer’s primary care physician. Before taking any medication prescribed by physician, customer agrees to have a comprehensive physical examination by his or her primary care physician. Customer agrees to notify his or her primary care physician and advise such physician that the customer is undergoing hormone replacement therapy.

Customer acknowledges that under Florida law, may carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. PHYSICIAN HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This is permitted under Florida law subject to certain conditions. Florida law imposes penalties against noninsured physicians who fail to satisfy adverse judgments arising from claims of medical malpractice. This notice is provided pursuant to Florida law.

Customer acknowledges and agrees that Nu Image Medical is not responsible for the negligent or intentional acts or omissions of any health care provider or supplier that Customer is referred or for any action or inaction taken by Customer, that the total liability of Nu Image Medical, its officers, directors, employees, agents, and stockholders is limited to the purchase price of any products through Nu Image Medical, Physicians or Pharmacies, and the Nu Image Medical and Physicians will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages. During Customers relationship with Nu Image Medical and Physician, Nu Image Medical and Physician will convey to Customer a range of proprietary business information, including, confidential disclosures and trade secrets business practices and Nu Image Medical’s customers and suppliers (“Confidential Information”). No matter how received by the Customer during the parties’ relationship, Customer agrees that Confidential Information is confidential, proprietary and uniquely valuable to Nu Image Medical’s and gravely affects the conduct of business of Nu Image Medical and Nu Image Medical’s goodwill. Customer agrees not to disclose, divulge or communicate, in any fashion, form, or manner, either directly or indirectly, any Confidential Information or take any action that may result in disclosure of Confidential Information to any third-party person, firm, or business. Customer agrees that if the terms of this paragraph are breached, Nu Image Medical shall be conclusively deemed to be irreparably injured and shall be entitled to an injunction restraining Customer from disclosing any Confidential Information and to liquidated damages. Customer agrees that the amount of Nu Image Medical’s actual damages in such circumstances would be difficult, if not impossible, to determine with accuracy, but would be substantial in any event, and Customer agrees that such liquidated damages are not a penalty.

Customer agrees to release Nu Image Medical, its officers, directors, employees, agents and shareholders, and Physician from any and all liability associated with or arising from the Physician’s consultation or from the medical, physical, behavioral or other effects of any medication or treatment that may be ordered, prescribed or purchased as a result of the Physician’s consultation.

AUTHORIZATION AND CONSENT

In consideration of Nu Image Medical providing you (“Customer”) with medical management, administrative and referral services, Customer acknowledges and agrees to submit an accurately completed Medical History Form (“MHF”). Customer agrees to respond truthfully, accurately, and completely in completing the MHF or to any agent sent by Nu Image Medical to complete the form and acknowledges that failure to provide truthful, accurate, and complete information on the MHF or to Nu Image Medical or the physicians referred by Nu Image Medical could result in inappropriate treatment.

Customer authorizes Nu Image Medical to obtain on Customer’s behalf medical laboratories, diagnostic testing, physicians and dispensing pharmacies. In addition, Customer authorizes and instructs Nu Image Medical and physicians referred by Nu Image Medical (“Physicians”) and dispensing pharmacies obtained on Customer’s behalf to provide medical care and prescribed pharmaceuticals based on the MHF, laboratory diagnostic tests, and other information submitted to Nu Image Medical. Customer agrees to present photo identification upon any blood testing pursuant to a Nu Image Medical or Physician test requisition.

Customer acknowledges that Nu Image Medical’s employees, contractors, and agents are not licensed physicians and that Physicians obtained on Customer’s behalf by Nu Image Medical are independent contractors, which will be compensated by Customer with funds provided to Nu Image Medical. Customer acknowledges that Nu Image Medical does not practice medicine and that Nu Image Medical is a medical management, administrative, and referral service and does not direct, control, or influence the treatment decisions made by Physician. Customer further understands and agrees that Physicians are rendering medical care, services, and treatment and that Nu Image Medical is instructed and authorized to arrange for the prescribed pharmaceuticals to be dispensed and sent to Customer by any pharmacy in Customer’s country of residence.

Customer covenants and agrees to comply with the method of instructions, treatment, and dosage schedules prescribed by the Physician, to immediately cease any medical treatment prescribed by the Physician in the event of any adverse reaction or side effect arising from prescribed treatment, and to immediately provide Nu Image Medical and Physician with written notice via fax to (888) 831-4818 of any such adverse reaction or side effect. Customer further acknowledges and agrees that Nu Image Medical is not liable for any negligent act or omission of the Physician. Customer acknowledges that diagnosis and treatment may involve risk of injury, and that Nu Image Medical and Physician make no guarantees or warranties with respect to diagnostic testing, analysis of test results, examination of medical history or hormone treatment. Customer acknowledges that the hormone blood level objective sought as a result of the Customer’s hormone replacement therapy, as prescribed by Physician, may be at the highest level of a standard reference range for Customer’s age and sex, or, in some cases, above such range, to the level of a younger person, and that such range is experimental and may not render any benefits, but may result in unknown, adverse results. Customer is aware of the nature, risk, and possible alternative methods of treatment, possible consequences, and possible complications involved in such hormone replacement treatment. Customer acknowledges that recombination human growth hormone replacement therapy involves the use of a medical drug approved for one purpose for a new and different purpose in an effort to obtain a desired objective of medical treatment. Nonetheless, Customer consents to such care and treatment, and executes this Agreement with a complete, informed understanding of such hormone replacement therapy for the purpose of authorizing Physician to administer such treatment to relieve body ailments and attempt to enhance Customer’s physical condition and health. Customer further acknowledges that the methods of medical treatment offered by Nu Image Medical and Physician are not accompanied by any claims, guarantees, promises or warranties.

Our Site content is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the content available on or through our Site (including, but not limited to, the opinions and views of other users or content that may be provided by healthcare and/or nutrition professionals employed by, or contracting with us) for any treatment, action, application or usage of dietary supplements, medication or preparation. Content and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read product packaging prior to use.

Furthermore, not all testimonials contained in or made available through the Sites have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser’s experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.

NO RETURNS

It is fully agreed and understood by the customer that products prescribed by and through Nu Image Medical require a medical prescription and as such are NOT returnable or refundable under any circumstances under both Federal and/or State laws. It is unlawful for any company to accept the return of prescription medications once they have left the control of the pharmacy.

DISCLAIMERS

NU IMAGE MEDICAL’S SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. NU IMAGE MEDICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE NU IMAGE MEDICAL SITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NU IMAGE MEDICAL MAKES NO WARRANTY THAT OUR WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE NU IMAGE MEDICAL SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN OUR SITES WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR SITES OR FROM US, OUR, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR OUR OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “NU IMAGE MEDICAL PARTIES”) SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. YOU HEREBY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND CONTENT YOU SUPPLY TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

LIMITATION OF LIABILITY

IN NO EVENT WILL ANY NU IMAGE MEDICAL PARTY (COLLECTIVELY REFERRED TO AS OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED DOLLARS, U.S. (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY (INCLUDING DEATH) OR LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE OUR SITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY NU IMAGE MEDICAL PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. MORE OVER, UNDER NO CIRCUMSTANCES SHALL NU IMAGE MEDICAL OR NU IMAGE MEDICAL PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

INDEMNIFICATION

Customer covenants and agrees to indemnify, defend, protect, and hold harmless, and Physician and their respective officers, directors, employees, stockholders, assigns, successors, and affiliates (“Indemnified Parties”) from, against and in respect of all liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings, investigation, demands, judgments, settlement payments, deficiencies, penalties, fines, interest and costs and expenses suffered, sustained, incurred or paired by the Indemnified Parties in connection with, resulting from, or arising out of, directly or indirectly, Nu Image Medical and/or Physician’s rendering medical care services, advice and/or treatment, Customer’s failure to disclose all relevant information regarding Customer’s medical and physical condition, acts or omissions of Nu Image Medical or Physician, harm or injury resulting from medical care or pharmaceuticals provided directly or indirectly by Nu Image Medical or Physician. Customer is aware of potential side effects associated with the above-described treatment, accepts all risks involved in taking medication and will not seek indemnification or damages from the Indemnified Parties there from.

MODIFICATIONS TO OUR SITES

We reserve the right to modify, suspend, or discontinue (temporarily or permanently) our Sites at any time without notice to you. For example, we may make changes to the products and prices described in them, at any time without notice. Information published on our Sites may refer to products or programs that are not available in your country. Contact our Customer Support or consult your local business contact for information regarding the products and programs that may be available to you.

LINKING TO NU IMAGE MEDICAL’S SITES:

Creating or maintaining any link from another website to any page on our Sites without our prior written permission is prohibited. Running or displaying our Sites or any information or material displayed on our Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.

THIRD-PARTY LINKS

Links on our Sites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave our Sites. We are not obligated to review such third-party websites, do not control such third-party websites, and are not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, we do not endorse or make any representations about such third-party websites, any information, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from our Sites, you do this entirely at your own risk.

Furthermore, products and/or services purchased through third-party websites are subject to the terms and conditions of such other parties and their websites. We are not responsible for the products, services, or websites controlled by third-parties.

TRADEMARKS

Nu Image Medical and any other product or service name or slogan or logo contained in our Sites are trademarks of ours and our manufactures, distributors, and suppliers and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with us or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of ours without our prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of ours and may not be copied, imitated, or used (in whole or in part) without our prior written permission. Reference to any products or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

COPYRIGHT NOTICE

All of the content you see and hear on Nu Image Medical’s Websites, including without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively, the “Content”), are subject to or are owned or licensed to Nu Image Medical or one of its affiliates, subsidiaries or distributors. The entire Content of this website is copyrighted as a collective work under U.S. and international copyright laws, and Nu Image Medical owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this website, and the site as a whole, is intended solely for commercial use. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Nu Image Medical retains all its intellectual property rights in any Content you download from this website.

You may not without the prior written permission of Nu Image Medical use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through this site. You also may not: engage in the mass downloading of files from this site; use the computer processing power of this site for purposes other than those permitted above; or flood this site with electronic traffic designed to slow or stop its operation.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Nu Image Medical.

PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

We respect the intellectual property rights of others. Accordingly, we have a policy of removing Customer Submissions that violate copyright law; suspending access to our Sites (or any portion thereof) to any user who uses our Sites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses our Sites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Sites, please provide written notice to our following designated agent for notice of claims of infringement:

Attn:

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to our designated agent, as they will be deleted upon receipt.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. These notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, 17 U.S.C. § 512(c), and do not constitute or act as a substitute for legal advice.

INTERNATIONAL AND EXPORT RESTRICTIONS

We administer our Sites from our offices within the United States of America. We make no representation that our Sites are appropriate or available for use outside the United States and access to our Sites from territories where its contents are illegal or restricted is prohibited. If you choose to access our Sites from outside the United States, you are responsible for compliance with applicable Laws. Further, the United States export control laws prohibit the export of certain products, technical data, and information to certain territories. No content from our Sites may be downloaded in violation of United States law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless any Nu Image Medical Party and Parties, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that they or we may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with our defense of such claim.

ELECTRONIC COMMUNICATIONS

When you visit our Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ENFORCEMENT OF TERMS AND CONDITIONS, JURISDICTION, AND JURY WAIVER

These Terms, together with any additional terms to which you agree when using particular elements of our Sites, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and us with respect to such subject matter. Any Nu Image Medical Party or Parties is third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and us shall be governed by the laws of the State of Florida as applied to agreements made, entered into, and performed entirely in Florida by Florida residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of our Sites shall be brought in the Federal or State courts located in Hillsborough County, Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of us to exercise or enforce any right or provision of these Terms shall 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, you nevertheless agree that the court should endeavor to give effect to our intentions and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of our Sites. These Terms will be interpreted without application of any strict construction in favor of or against you or us. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. BOTH PARTIES AGREE TO WAIVE THEIR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION.

CLASS ACTION WAIVER

Any lawsuit or claim under these Terms and Conditions will take place on an individual basis; class/representative/collective actions are not permitted. BOTH PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Nu Image Medical agree otherwise, a judge or court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

MODIFICATIONS TO THESE TERMS

These Terms may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of our Sites.

These Terms contain the entire understanding of the parties and supersede and merge all prior and contemporaneous agreements and discussions between the parties. Any and all representations or agreements by any agent or representative of either party not contained in this Agreement shall be null, void, and of no effect.

If any provision of this Agreement or the application thereof to any person or circumstances is invalid or unenforceable in any jurisdiction, the remainder hereof, and all application of such provision to such person or circumstances in any other jurisdiction, shall not be effected thereby, and to this end the provisions of this Agreement shall be severable.

TERMINATION/ACCESS RESTRICTION

Nu Image Medical may terminate your user account or suspend or modify your access to all or part of our Sites, without notice, at any time and for any reason. You may discontinue your participation in and access to our Sites at any time. If you breach any of these Terms, your authorization to use our Sites automatically terminates and you must immediately destroy any downloaded or printed data, materials and information (and any copies thereof).

CONTACT US

Nu Image Medical welcomes your questions or comments regarding the Terms: