UMI

USA MEDICAL IMAGING Terms of Service

Welcome to USA MEDICAL IMAGING!

Thanks for using our services ("Services"). The Services are provided by Shaktia LLC ("Shaktia"), located at 236 Muri Okunola, Victoria Island, Lagos, Nigeria.

By using Shaktia, you are agreeing to these terms. Please read them carefully.

YOU ACKNOWLEDGE THAT YOU (OR, IF THE USER IS BELOW THE AGE OF MAJORITY, YOU, AS LEGAL GUARDIAN OF THE USER) HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE CLOSEBUY SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH CLOSEBUY ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, a"SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PORTION OF THE CLOSEBUY SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION (OR, IF THE USER IS BETWEEN 13 AND THE AGE OF MAJORITY, YOU, ARE THE LEGAL GUARDIAN OF THE USER) AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE CLOSEBUY SERVICE.

Important Note:These Terms contain a class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with Shaktia. You may opt out of the class action waiver as provided below.

Using Shaktia

You must follow any policies made available to you within the Service.

Don?t misuse Shaktia. For example, don?t interfere with Shaktia or try to access them using a method other than the interface and the instructions that we provide. You may use Shaktia only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing Shaktia to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using Shaktia does not give you ownership of any intellectual property rights in Shaktia or the content you access. You may not use content from Shaktia unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in Shaktia. Don?t remove, obscure, or alter any legal notices displayed in or along with Shaktia. Shaktia display some content that is not Shaktia?s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don?t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of Shaktia are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Shaktia Account

You may need a Shaktia Account in order to use some of Shaktia. You may create your own Shaktia Account, or your Shaktia Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Shaktia Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Shaktia Account, keep your password confidential. You are responsible for the activity that happens on or through your Shaktia Account. Try not to reuse your Shaktia Account password on third-party applications.

Privacy and Copyright Protection

Shaktia?sprivacy policy explains how we treat your personal data and protect your privacy when you use Shaktia. By using Shaktia, you agree that Shaktia can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Laws of Nigeria. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Shaktia?s policy about responding to notices in our Help Center.

Your Content in Shaktia

Some of Shaktia allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through Shaktia, you give Shaktia (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with Shaktia), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving Shaktia, and to develop new ones. This license continues even if you stop using Shaktia (for example, for a business listing you have added to Shaktia Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of Shaktia, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to Shaktia. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. If you have a Shaktia Account, we may display your Profile name, Profile photo, and actions you take on Shaktia or on third-party applications connected to your Shaktia Account (such as +1?s, reviews you write and comments you post) in Shaktia, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Shaktia Account. For example, you can choose your settings so your name and photo do not appear in an ad. You can find more information about how Shaktia uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about Shaktia, we may use your feedback or suggestions without obligation to you.

About Software in Shaktia

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Shaktia gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Shaktia as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Shaktia, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of Shaktia or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating Shaktia

We are constantly changing and improving Shaktia. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using Shaktia at any time, although we'll be sorry to see you go. Shaktia may also stop providing Services to you, or add or create new limits to Shaktia at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide Shaktia using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don?t promise about Shaktia. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CLOSEBUY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON?T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES ?AS IS?. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for Shaktia

WHEN PERMITTED BY LAW, CLOSEBUY, AND CLOSEBUY?S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLOSEBUY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, CLOSEBUY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of Shaktia

If you are using Shaktia on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Shaktia and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys? fees.

a.Paid Services.Signing up for a Shaktia Business User account has fees associated with it ("Paid Service"). You will have the opportunity to review and accept the fees that you will be charged before using our Paid Service. We may change fees at any time. Unless otherwise stated, all fees are quoted in Nigerian Naira.

b.Payment Information.You are solely responsible for paying all fees and applicable taxes associated with your Shaktia Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize Shaktia or its third party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.

c.Subscriptions.For purchases of subscriptions to Paid Services:

1.Your"Subscription Billing Date"is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.

2.For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will then be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date thereafter (or on the last day of the calendar month, if the last day of the calendar month occurs before the Subscription Billing Date for that month).

d.Termination of Subscriptions. For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period's (i.e., month?s or year?s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

e.Third Parties and Fee Collection.You acknowledge and agree that any credit card and related billing and payment information that you provide to Shaktia may be shared by Shaktia with companies who work on Shaktia?s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to Shaktia and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your Shaktia account upon demand, (ii) Shaktia may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) Shaktia reserves the right to either suspend or terminate your access to one or more Shaktia Services or your account with Shaktia. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the Shaktia Service before termination.

f.Refunds.Any fees charged to your account are non-refundable except as expressly stated in these Terms. You agree to submit any dispute regarding any charge to your account in writing to Shaktia within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of Shaktia.

g.Taxes.You are responsible for paying any governmental taxes imposed on your use of the Shaktia Services, including sales, use, or value added taxes. If requested, you will promptly furnish to Shaktia the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that Shaktia is obligated to collect such taxes, Shaktia will charge your Payment Method or otherwise add the applicable to your billing account.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to Shaktia. You should look at the terms regularly. We?ll post notice of modifications to these terms on this page. We?ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.cThese terms control the relationship between Shaktia and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don?t take action right away, this doesn?t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

These Terms provide that all disputes between you and Shaktia will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the arbitration section below for the details regarding your agreement to arbitrate any disputes with Shaktia.

For information about how to contact Shaktia, please visit our contact page.

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