1. TERMS OF AGREEMENT. This Agreement is between the User and MRIGlobal (“MRIGlobal”) and constitutes a legally binding agreement (the “Agreement”) between the User and MRIGlobal. MRIGlobal has the right to modify this Agreement or these Terms and Conditions at any time. Every time the User uses the Site, the User is agreeing to the Terms and Conditions as they exist at that time. Changes in these Terms and Conditions may be posted on this page, without other written, verbal, or electronic communication. Use of the Site will be considered acceptance of these Terms and Conditions.
2. USER SUBMISSIONS. By submitting information to MRIGlobal, the User asserts that the User’s information is true and accurate to the best of the User’s knowledge. The User further agrees not to submit false or fraudulent information to MRIGlobal. Falsifying or omitting contact information such as name, address, and/or telephone number when providing information to MRIGlobal through the Site is not permitted. By submitting any comment to the Site, the User agrees that the comment does not contain any obscene or defamatory material, violent or sexually pornographic materials, or offensive language. MRIGlobal may remove any comment, in its sole discretion. The User hereby grants to MRIGlobal a non-exclusive, royalty-free, and perpetual license in and to any comments posted on the Site or submissions made to MRIGlobal, including the right to republish, repost, and edit the post or submission in any media including materials not related to the Site. The User acknowledges that MRIGlobal has no obligation to give attribution of such post or submission to the User.
3. FEDERAL AND STATE LAWS. When using the Site the User must obey all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing the User’s rights to access the Site.
4. PROHIBITED ACTIVITIES. The User is expressly prohibited from the following activities in connection with use of the Site:
(a) Violating anyone’s trade secret, copyright, or other intellectual property right.
(b) Creating or posting a comment that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
(c) Engaging in activity that compromises the security of the Site. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancelbots, Trojan horses, mailbombing or crashing.
(d) Engaging in any activity designed to impede the use of the Site by other users, including, but not limited to, any activity that jams, overloads, or floods the Site.
(e) Framing or deep linking into the Site.
(f) Accessing the Site by means of an automated process, spiders, bots or similar device.
5. WEBSITE AVAILABILITY. Because public networks, such as the internet, occasionally experience disruptions, MRIGlobal cannot guarantee its website will be available 100% of the time. Although MRIGlobal strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and MRIGlobal disclaims any liability for damages resulting from such problems.
6. USE OF WEBSITE. Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting products, services or programs available in the United States, its territories, possessions, and protectorates. MRIGlobal makes no representation or warranty of any kind that materials in the Site are appropriate or available for use in other locations. If the User accesses the Site from locations other than the United States, the User is responsible for compliance with any applicable local laws.
7. COMPATIBILITY. The User may not be able to access certain Site functions without installing one or more browser plug-ins. Additionally, MRIGlobal does not warrant or make any representation that the Site will render properly on all web browsers. If the Site does not operate or appear correctly, please try a different browser and let us know what browser did not work.
8. TYPOGRAPHICAL ERRORS. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make all descriptions as accurate as possible, but MRIGlobal does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
9. INTELLECTUAL PROPERTY. The Site is owned and operated by MRIGlobal and, unless otherwise noted in this Agreement, owns the copyright with respect to all content on the Site, including but not limited to, text, graphics, logos, audio clips, trademarks, software server information, and any other material and content on the Site. All rights to our content, services, and server information are reserved. Any modification made to the content of the Site by a third party is a violation of MRIGlobal’s copyright. Additionally, the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. IN NO EVENT SHALL MRIGLOBAL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, EVEN IF MRIGLOBAL OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO INFORMATION PROVIDED BY USER OR ITS RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. MRIGLOBAL MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MRIGLOBAL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL MRIGLOBAL, OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON THE SITE OR THE INTERNET GENERALLY. MRIGLOBAL’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES WHATSOEVER WILL NOT, IN ANY EVENT, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER BASIS, EXCEED THE FEES PAID BY USER TO MRIGLOBAL FOR USE OF THE SITE.
USER HEREBY RELEASES AND FOREVER DISCHARGES MRIGLOBAL AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH USER NOW HAS OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USER’S USE OF THE SITE OR THE INFORMATION PROVIDED THEREIN, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF MRIGLOBAL, IN OPERATING THE SITE OR OTHERWISE.
The terms of this section will survive the termination of this Agreement.
12. OFF-SITE LINKS. A link to a non-MRIGlobal.org website does not mean that MRIGlobal endorses or accepts any responsibility for the content, or the use, of such website. It is up to the User to take precautions to ensure that whatever the User selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
13. USER INDEMNIFICATION OF MRIGlobal. The User agrees to indemnify, defend and hold harmless MRIGlobal and its affiliates, employees, agents, representatives and third party service providers from any and all claims and liabilities (including attorneys fees) that may arise from (i) the User’s submissions to the Site or posts on the Site, (ii) the User’s unauthorized use of material obtained through the Site, or (iii) the User’s breach of this Agreement.
14. CONTROLLING LAW AND VENUE. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Jackson County District Court or the United States District Court for the District of Missouri.
15. SEVERABILITY. If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and nonappealable, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken herefrom in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.