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Terms and Conditions

TERMS & CONDITIONS

Last updated [10/1/2022]

 

Agreement to Terms

This website is owned and run by DEXAnalysis. Your interaction with DEXAnalysis (“Website”) is governed by the terms of this agreement. The following terms, conditions, and notices apply to access to and use of this website, as well as the goods and services made available via it (collectively, the “Services”) (the “Terms of Service”). Unless otherwise specified, these TOS apply to all uses of the Services, including but not limited to a) getting a DXA scan or using another service, and b) signing up for and using a free account without getting a DXA scan or using another service. You accept all of the Terms of Service, as they may be modified from time to time by us, by using the Services. In order to be aware of any modifications we may have made to the Terms of Service, you should often visit this page.

 

If this website is inaccessible at any moment or for any length of time for any reason, we shall not be held responsible. We reserve the right to sometimes limit access to sections or the entire website.

Links to other websites (the “Linked Sites”) that are not run by DEXAnalysis may be found on this page. The Linked Sites are not within the jurisdiction of DEXAnalysis, and as such, DEXAnalysis disclaims all liability for any loss or damage you may incur as a result of using them. The terms of use and service outlined on each of the Linked Sites will govern how you use them.

 

Privacy Policy

You may access our privacy policy, which outlines how we’ll use your information, at [Privacy Policy Link]. You agree to the processing outlined above by using this website, and you guarantee that any information you enter is true.

 

You agree and recognize that DEXAnalysis  is entitled to monitor any system use by its personnel at any time and to retain copies of the records of such monitoring. Anyone using the DEXAnalysis Services, website, or other systems should only have the privacy expectations described in our privacy statement. Your data may be included in the aggregate data that we provide to third parties, post on our blog, or use as a resource. DEXAnalysis will never disclose any individual-level Health Information and/or Self-Reported Information to a third party without first obtaining your written consent, unless otherwise required by law.

 

Prohibitions

This website may not be used improperly.

 

Your will not:

  • commit a crime or urge someone to do so;
  • transmitting or disseminating destructive, technologically damaging, confidential information-breaching, offensive, or otherwise objectionable content;
  • hack into any Service feature;
  • corrupt data;
  • cause other users to get irritated;
  • violate the property rights of any other individual;
  • transmit any unsolicited marketing or advertising material, sometimes known as “spam”; or
  • attempt to interfere with the operation or functionality of any computer resources on this website or accessible via it.

 

A violation of this clause would be illegal, and DEXAnalysis  will inform the appropriate law enforcement authorities of any such violation and provide them with your identify.

 

As a result of your use of this website or your downloading of any content posted on it or on any website linked to it, we will not be liable for any loss or damage brought on by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material.

 

Intellectual Property, Software and Content

You acknowledge that the person who contributed any User Content, whether made available publicly or privately, is solely responsible for it. This indicates that you alone are responsible for all user content that you upload, post, email, or otherwise communicate via the service, not DEXAnalysis’s.

 

The intellectual property rights in any software and material (including visual images) that are made accessible to you on or via this website are still owned by DEXAnalysis or its licensors and are safeguarded by international copyright laws and treaties. DEXAnalysis and its licensors reserve all such rights. The provided content may only be saved, printed, and displayed for your own personal use. You are not allowed to use any of the content that has been provided to you or that appears on this website in conjunction with any business or commercial endeavor, nor are you allowed to publish, modify, distribute, or otherwise reproduce it in any way.

 

Risks and Things to Think About With DEXAnalysis Services

 

Your access to your health information is final once you’ve received it. Any information we might be able to provide for you should not be interpreted as a welcome or positive comment. Furthermore, you could learn something about yourself that surprised you.

 

During the scanning process, errors might appear. The results of your tests cannot be guaranteed to be error-free despite our best efforts to ensure their precision and accuracy, which include regular re-calibration and maintenance. Excessive movement while being scanned is one example of an external issue that could result in inaccurate and inaccurate scanning.

 

You could experience discomfort as a result of employing DEXAnalysis’s services. The provision of the services by DEXAnalysis may occur within or close to our scanning vehicles. Every effort is made at DEXAnalysis  to provide a welcoming and tranquil environment. However, if you have a medical problem like back pain or considerably limited movement, or if you are prone to conditions like claustrophobia, you can feel physically or emotionally uncomfortable for the length of a DEXAnalysis service.

 

Several DEXAnalysis exams may expose you to radiation in the form of x-rays. DEXAnalysis  has carefully examined and assessed the radiation levels generated by its dual x-ray absorptiometry scanners used to collect body composition data in order to determine the safety of offering such a test. You should be informed that some x-ray radiation will be emitted into your body during the scan. You might wish to discuss the risks associated with this radiation dosage with a physician or radiologist.

 

It is not a good idea to alter your health practices just as a result of information from DEXAnalysis. On the basis of your health information and the information you have provided about your own health, DEXAnalysis delivers you health information and could answer questions about general fitness and nutrition. The advice provided by DEXAnalysis, however, is only intended as general guidance and may not account for important factors like sickness, accidents, or other distinct limitations that you might not have addressed. Therefore, using the information from DEXAnalysis is entirely at your own risk. You might wish to discuss the health information you received from the DEXAnalysis Services with a doctor or other healthcare professional before acting on it.

 

There is a chance that if you provide health information to others, it might be used against you. You should exercise caution when disclosing personal health information. Your medical record may later contain any health information you choose to share with your doctor or another healthcare professional, and that information may then be accessible to other healthcare professionals, insurance companies, and/or other parties through that channel. If you share health information with family, friends, or employers, it might be used against you. Failure to disclose it to an insurance company when they ask about your awareness of specific medical conditions might be interpreted as fraud.

 

The services are solely meant to be used for intellectual, educational, and informative reasons. We do not provide medical advice. Only health information is provided by DEXAnalysis for academic, educational, and research reasons. The services cannot be used by the client for any diagnostic procedures, and they are not a substitute for expert medical advice. You should always talk to your doctor or other healthcare provider about the diagnosis, treatment, mitigation, or prevention of any illness or other medical condition or disability, as well as your current state of health. By relying on any information given by DEXAnalysis, DEXAnalysis staff, outside parties that DEXAnalysis has allowed to engage in activities on our website, or other website visitors, you alone accept all risk.

 

Not all governments require that our services be licensed, despite the fact that we hold licenses in the states where we now conduct business. As a result, we lack a general license from all national, state, or international organizations to conduct testing for connected to fitness and health. Additionally, we are unable to provide our Services in some jurisdictions due to a lack of the required licenses.

 

User Representations

By using the DEXAnalysis Services, you acknowledge, accept, and represent the following:

  1. You are aware that the information you learn through DEXAnalysis is not meant to replace medical and clinical knowledge in making decisions about your health or in diagnosing, treating, or preventing any conditions or diseases. You are aware that the services provided by DEXAnalysis are only intended for use in academic, informational, and research contexts.
  2. You affirm that you are at least eighteen (18) years old or that you are at least thirteen (13) years old and have permission from an adult parent or guardian if you use any DEXAnalysis services to gather health information. A permission form that has been signed by a parent or legal guardian is required for minors under the age of eighteen (18).
  3. You are aware that some of the information you discover can give you strong feelings.
  4. You understand that giving outsiders access to your health information and self-reported data may have unforeseen consequences.
  5. You are aware that every piece of personal information you provide will be handled in line with the privacy statement for DEXAnalysis and kept in DEXAnalysis databases.
  6. You are aware that for the safety of our customers and staff, all DEXAnalysis scans are recorded through video.
  7. You acknowledge that by providing any Health Information or Self-Reported Information, DEXAnalysis or its collaborating partners are not granting you any ownership interests in any research or commercial products they may develop. You are aware that you will not get any compensation for any research or commercial products incorporating or deriving from your health information or self-reported information.

 

You recognize that you are authorized to make these statements under the laws of the state or other jurisdiction in which you are now residing. The right to suspend or terminate your account and bar you from using the Services (or any portion of them) in the future applies if you disobey any one of these representations. You consent to indemnify DEXAnalysis  and its affiliates in this situation from any responsibility, costs, or damages brought on by the breach of the representation.

 

Account creation, obligations related to customer accounts, passwords, and security

In return for using the Services, you agree to (a) provide true, accurate, current, and complete information about yourself as requested by the Service, and (b) keep up with any necessary updates to the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is false, inaccurate, out-of-date, or incomplete, or if DEXAnalysis has a good faith belief that such information is false, inaccurate, out-of-date, or incomplete, DEXAnalysis reserves the right to suspend or terminate your account and forbid any and all current or future use of the Service (or any portion thereof).

 

After purchasing our Service, you will choose an account and create a password. The confidentiality of your password and account, as well as all activities that occur under your password or account, are solely your responsibility. If you allow others to access the DEXAnalysis website using your username and password, you agree to indemnify and hold DEXAnalysis and its affiliates harmless from any liability, costs, or damages, including attorney fees, resulting from claims or lawsuits brought by third parties based on or connected to such access and use. By signing this agreement, you agree to (a) immediately notify DEXAnalysis of any unauthorized use of your password or account or any other security breach and (b) take all necessary efforts to make sure that you log out of your account at the end of each session. If you disobey the terms of this Section, DEXAnalysis  cannot and will not be held liable for any loss or damage that results.

 

Service Terms

Only from us are mobile DEXA scans available. In order to schedule for the Services, you must have access to the Internet, either directly or through devices that access web-based information. You must also pay any service fees associated with such access. You are liable on your own to cover these costs. Additionally, you are responsible for providing the computer, modem, and any additional access points needed to set up the Internet connection. You are completely responsible for providing such equipment. You understand and acknowledge that although  DEXAnalysis may not currently have set a fixed upper limit on the amount of storage space used to provide any Service or on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by DEXAnalysis at any time, atDEXAnalysis’s discretion.

 

You must be older than 18 and have a valid credit or debit card issued by a bank we are comfortable with in order to enter into a contract with us . You may make any request, but DEXAnalysis has the right to deny it. When making a reservation for a scan, you promise that all the information you give to us is true and accurate, that you are the cardholder of record on the credit or debit card used to make the reservation, and that there are enough funds on the card to cover the cost of the services. All listed prices are susceptible to change.

 

Disclaimer of Liability

There are no assurances, restrictions, or warranties as to the accuracy of the information on this website. To the fullest extent legal under the law, DEXAnalysis and its suppliers, content providers, and advertisers hereby expressly exclude all representations, warranties, and other terms that might otherwise be inferred from statute, common law, or the law of equity and disclaim all liability for any damages, including but not limited to direct, indirect, special, consequential, punitive, or incidental damages , or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

Information Posted Using the Service

Since it does not always have control over User Content, DEXAnalysis  does not guarantee the validity, reliability, or excellence of any User Content submitted through the Service. You are aware that by using the Services, you can be exposed to offensive, inappropriate, or lewd content. Never will DEXAnalysis be held accountable for non DEXAnalysis content, including any mistakes or omissions therein, or for any sort of loss or damage brought on by the use of such content that is posted, emailed, or otherwise transmitted using the Services.

You acknowledge that DEXAnalysis and its representatives reserve the right (but do not have the obligation) to pre-screen, check for accuracy, apply filters, modify, reject, or move any material made accessible through the Services. DEXAnalysis and its designated representatives retain the right to remove any information that offends them in any manner or that they think, in their sole discretion, violates the TOS. This right is in addition to anything stated above. You recognize and acknowledge that utilizing any content entails adopting all reasonable safety measures and hazards, including not relying on its validity, comprehensiveness, or usefulness.

 

Submitted Material to DEXAnalysis- Your Private Rights

User Content. The User Content that you offer us (including suggestions and criticism) as well as any other user-generated content that you post, upload, input, or otherwise make accessible via the Service is not ownership of DEXAnalysis . The User Content that you upload, post, or otherwise make accessible on or via the Services belongs to you entirely, unless otherwise specified. You do, however, grant DEXAnalysis its parent company, subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content you submit, post, or otherwise make available. You acknowledge and agree that DEXAnalysis may provide such User Content to other organizations, businesses, or individuals with whom DEXAnalysis has relationships and may use such User Content in connection with the provision of those services in accordance with the terms of this license.

 

You agree that in order to deliver the Services to our users, DEXAnalysis may (a) transmit or distribute your User Content over a variety of public networks and in a variety of media, and (b) modify your User Content to meet the technical requirements to be provided by connecting networks, devices, services, or media. You recognize and agree that this license gives DEXAnalysis the authority to carry out these operations. You represent and warrant that you have the necessary rights, power, and authority to grant the aforementioned license to DEXAnalysis.

 

Self-Reported Health Information. No individual-level Health and/or Self-Reported Information will be given to other parties without that person’s express consent or if required by law. Remember that DEXAnalysis has no control over the future use of the Health and/or Self-Reported Information that you provide publicly on the DEXAnalysis website. You acknowledge and agree that it is your duty to protect and enforce these rights and that DEXAnalysis has no obligation to do so.

 

You are aware that, as stated in our privacy statement and terms of service, you shouldn’t anticipate receiving any financial benefit from DEXAnalysis as a result of your health information being made available to you, shared with partners, including commercial partners, or included in aggregated health and self-reported information shared with partners.

 

Rights in property are given up. You understand that, as was already indicated, using or providing any Health or Self-Reported Information does not provide you any ownership rights in any research or commercial products that DEXAnalysis or its collaborative partners may produce. You are aware that you will not get any compensation for any research or commercial products incorporating or deriving from your health information or self-reported information.

 

Linking to this Website

You may link to our home page as long as you do so in a way that is honest, lawful, and does not harm or unfairly benefit from our reputation. However, you may not set up a connection in a way that implies an affiliation, approval, or endorsement on our side when none exists. You are not permitted to create a link from a website that is not your own. You may not link to any page other than the main page of this website or frame it inside another website. Without prior warning, we retain the right to revoke the license to connect.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

All people (including their names and images), third party trademarks and content, services, and/or locations featured on this Website are not associated with, linked to, or endorsed by DEXAnalysis and you should not place any emphasis on the existence of such a connection or affiliation unless expressly stated otherwise. Any trademarks or names used on this website are the property of their respective owners. When a trade mark or brand name is used, it is merely for descriptive or identification purposes and in no way implies that DEXAnalysis is endorsing or affiliated with the products or services in question.

 

Indemnity

By using this website or violating the Terms of Service, you agree to indemnify, defend, and hold harmless DEXAnalysis , its directors, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees).

 

No Service Resale

Except as specifically provided in a separate written agreement between you and DEXAnalysis, you agree not to use any portion of the Service, use the Service, or access the Service for any commercial reasons. The entire Service as well as any individual component are prohibited from doing so.

 

Standard Procedures for Use and Storage

You acknowledge that DEXAnalysis may establish general guidelines and limitations governing the use of the Services, including without limitation the maximum amount of time that Personal Information and Service content will be stored by the Service, the maximum amount of disk space that will be allocated on DEXAnalysis’s servers on your behalf, and the maximum number of times (and duration for which you may access the Services) in a given period of time. You acknowledge and accept that DEXAnalysis is not responsible or liable for any messages, other communications, or other content maintained or transmitted by the Services that is lost or deleted, or for any failure to store such messages, other communications, or other content, or for the loss of Health Information due to the malfunctioning of data servers, their devastation, or other unforeseen disasters. You also accept that DEXAnalysis maintains the right to amend these ground rules and limitations at any time and for any reason.

 

Variation

DEXAnalysis shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Disputes involving Information Providers and Listed Resources

Information providers, vendors, and/or resources that can be found on or through the Service are independent contractors, and any correspondence or business dealings with them, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the specific information provider or resource. As a result of any such dealings or as a result of the fact that such a resource or information provider is present on the Service, you understand and agree that DEXAnalysis shall not be responsible or liable for any loss or damage of any kind caused.

 

 

Termination

The TOS shall continue in force until terminated as set out in this Section by either you or DEXAnalysis .

 

By sending DEXAnalysis written notice, you can terminate your contract with the company at any time, in which case DEXAnalysis will close your accounts for all of the Services you use. The DEXAnalysis must receive notification in writing from you at the address provided at the beginning of the TOS or online by sending an email to support@dexanalysis.com. You will receive an email from DEXAnalysis to confirm your request after giving notice online. Until you provide a second email confirmation to DEXAnalysis , your notification won’t go into effect.

 

DEXAnalysis may end your legal agreement at any time (along with your password and any associated accounts) if:

  • You have violated any term of the TOS (or have acted in a way that indicates you have no intention of complying with the TOS or are unable to do so);
  • If providing the Services to you is or becomes illegal, DEXAnalysis is compelled by law to take such action;
  • From the nation or state in which you reside or from where you access the Services, DEXAnalysis will no longer offer the Services to users;
  • DEXAnalysis believes it is no longer commercially viable to continue providing the Services to you.

 

If there is any suspicion of fraudulent, abusive, or illegal behavior, your use of the Services may be stopped, and the incident may be reported to the appropriate law enforcement agencies. You acknowledge and agree that DEXAnalysis shall not be responsible to you or any other party in the event that DEXAnalysis terminates your access to the Services.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Governing Law/Jurisdiction

These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of The United States. Any  action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of the United States.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and DEXAnalysis. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of DEXAnalysis .

 

CONTACT US

If you have questions or comments about this Terms and Conditions, please contact us at:

 

DEXAnalysis

Phone: 586-530-8201

Email: support@dexanalysis.com