TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND TRICE IMAGING, INC. (“TRICE”). BY CLICKING ON THE “I ACCEPT” BUTTON AND REGISTERING AN ACCOUNT TO USE TRICEFYTM, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND DISCONTINUE YOUR REGISTRATION.
TricefyTM (the “Service”) is DICOM communication platform which provides physicians with functionalities for receiving, transmitting, presenting, sharing, communicating, retrieving, and viewing medical images. In order and as a condition precedent to enabling access to the Service you must accept these terms and conditions.
You are required to register an account on the Service in order to use the Service. In order to register, you must complete the registration process by providing the complete and accurate information requested on the registration form. You are entirely responsible for maintaining the confidentiality of your account credentials. You may not use someone else’s account credentials at any time. You agree to notify Trice immediately on any unauthorized use of your account credentials. Trice shall not be liable for any loss or violations of applicable laws that you incur as a result of someone else using your account credentials either with or without your knowledge. You may be held liable for any losses incurred by Trice, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account credentials. The Service provides an option to use multiform authentication in order to access and use the Service. Multiform authentication may be a requirement in your territory and you should enable it to comply with such requirement. You can enable multiform authentication from the User Profile page on the Service. You are solely responsible to ensure that your use of the Service complies with your local laws.
Trice hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Service solely for the purpose of receiving, transmitting, presenting, sharing, communicating, retrieving, and viewing medical images in compliance with and where permitted under applicable laws. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Trice. You shall be exclusively responsible for the supervision, management, and control of your Service user login and password. Trice may, without notice, terminate your access to the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect the Service or to comply with applicable laws, as the case may be.
You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) access medical images which were not shared with you; (b) use medical images on the Service for any purpose other than as specifically permitted under the applicable health information privacy laws in your territory, including, but not limited to, any prohibited commercial use; (c) attempt to use the Service for any purpose other than as permitted; (d) transmit material that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (f) violate applicable laws, including, but limited to the applicable health information privacy laws in your territory, such as HIPAA; or (g) transmit material that is deemed by Trice to be in conflict with the spirit or intent of this Agreement. Trice reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the participation of such violators. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service are strictly prohibited.
Medical images are stored for 3 months in your account. These medical images constitute protected health information and are subject to various applicable privacy laws, including, but not limited to HIPAA, and are being provided to you solely as permitted under such applicable laws. Accordingly, you shall not use, copy, disseminate or otherwise distribute the medical images except as expressly permitted under such applicable laws.
Trice has in place certain legally mandated procedures regarding allegations of copyright infringement occurring within the Service. Trice has adopted a policy that provides for the prompt removal of medical images from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Trice will immediately suspend and/or terminate any user who is found to have infringed on the rights of Trice or of a third party, or otherwise violated any intellectual property laws or regulations. Trice’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Trice to delete, edit, or disable the material in question, you must provide Trice with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trice to locate the material; (d) information reasonably sufficient to permit Trice to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement under penalty of perjury that all information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Trice’s designated agent at:
Trice Imaging Inc.
1343 Stratford Court
Del Mar, CA 92014
Email Address: email@example.com
If you believe that your medical images have been removed by mistake please provide Trice with all of the following information: (a) identification of the medical images which were removed; (b) information reasonably sufficient to permit Trice to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (c) a statement that you have a good faith belief that your medical images were removed in error or was misidentified; and (d) a statement that the information in the notification is accurate is given under penalty of perjury. For this notification to be effective, you must provide it to Trice’s designated agent at the address set forth above.
Exclusions and Limitations
THE INFORMATION ON THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRICE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS SERVICE AND ITS CONTENTS INCLUDING ANY CONTENT WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY APPROVED THIRD PARTY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR THAT THE SERVICE WILL BE ERROR-FREE OR OTHERWISE PERFORM ANY FUNCTION.
USE OF THE SERVICE IS AT YOUR OWN RISK. TRICE HEREBY DISCLAIMS ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED TRICE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Indemnity and Release
Unless otherwise stated, the services featured on the Service are only available within North America, Scandinavia, Germany, UAE, Saudi Arabia, Morocco and France. It is your responsibility to make sure that your use of the Service, as permitted under applicable laws in your territory, complies with all respects to the applicable laws in your territory.
The content, organization, graphics, design, compilation, and other matters related to the Service are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Service at any time without notice.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of this Agreement.
Failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
Notification of Changes
If there is any dispute about or involving the Service, by using the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Diego.
These Terms and Conditions constitute the entire agreement between you and Trice and govern your use of the Service, superseding any prior agreements between you and Trice with respect to the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign this Agreement without the prior written consent of Trice, but Trice may assign or transfer this Agreement, in whole or in part, without restriction.