TERMS OF USE

Date of Last Update or Revision: June 11, 2020

Welcome to Dominionimaging.com (the “Site”). Dominionimaging.com is the web site for Dominion Imaging, LLC (“Dominion Imaging” or “we,” “our,” or “us”). Any and all use of the Site is subject to these terms and conditions (the “Terms of Use”). Any reference to “you” in these Terms of Use shall mean any user of the Site, including without limitation employees of Dominion Imaging.

YOUR AGREEMENT TO THE TERMS OF USE AND PRIVACY POLICY.

You agree to be bound by these Terms of Use, as well as our Privacy Policy (“Privacy Policy”), incorporated into these Terms of Use by reference, as they may be modified, updated or amended from time to time, whenever you:

  • Use any portion of the Site.
  • Publish, contribute, access, view or use any Content on or through the Site.
  • Click to accept or agree to the Terms of Use and/or the Privacy Policy when this option is made available to you.

Dominion Imaging reserves the right to change these Terms of Use at its sole discretion, at any time. If any change is not acceptable to you, you must discontinue your use of the Site immediately. Using the Site after changes to these Terms of Use or Privacy Policy constitutes your irrevocable acceptance of such changes. Dominion Imaging may, in its sole discretion, notify you of such changes, although it is not required to do so. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

You may only use the Site (including registering for the Site) if you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and be bound by, these Terms of Use in their entirety. You represent that you are over the age of 18. If you are under the age of 18, you are not authorized to use the Site and must cease all use of the Site.

CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP.

You acknowledge that the messages, information, data, text, software, images, logos, button shapes, layout, design compilation and presentation of information, graphics or other materials as well as the “look and feel” of any web pages (collectively, the “Content”) that are posted on or are otherwise incorporated into the Site contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are proprietary to Dominion Imaging, its vendors and service providers, and other third party licensors or suppliers (“Third Party Licensors”), and that such proprietary material is protected by law, including U.S. copyright laws, trademark laws and international treaty provisions. The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.

Further, you may not modify, copy, distribute, transmit, display, perform, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You are granted a limited, non-exclusive, non-assignable and non-transferable license to access and view the Content on the Site only under these Terms of Use.

Any unauthorized use of Content accessed through the Site may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief.

THIRD-PARTY CONTENT.

The Content displayed, distributed or otherwise accessible through the Site includes information (which may include, without limitation, factual information, personal narratives, advice, opinions, images, prices offered for items, item descriptions, and certain third-party terms of service) from various third-party sources, including Third Party Licensors. Dominion Imaging has not independently verified that any Content is complete, current, accurate, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Site and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Content is solely at your own risk. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Site, please contact Dominion Imaging.

ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. DOMINION IMAGING AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.

COMMUNICATING WITH THE SITE.

You are solely responsible for any and all Content you transmit, distribute, post, or otherwise make available to or through the Site (“transmit”), including to any email addresses provided to or through the Site, or any comments, photographs, images, text, or other information communicated to the Site (collectively, “Communications”). Dominion Imaging does not endorse or accept any Communications as its own or representative of its views. By transmitting Communications through the Site, you grant Dominion Imaging a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicensable and transferable license to publish and display such Communications through the Site and to reproduce, distribute, transmit, use, archive, and prepare derivative works of such Communications in connection with the Site and Dominion Imaging’s business, including, without limitation, to transmit and distribute such Communications to third-party web sites, and to use such Communications for promotional and marketing purposes. You further grant to each user of the Site, including any registered user or other member of the public, a nonexclusive, royalty-free license to access and view your Communications through the Site, and to use, reproduce, distribute, display, broadcast and perform the Content in such Communications as permitted in connection with the Site, including as subject to these Terms of Use.

You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to transmit, upload, republish, display, distribute, or transmit your Communications.

RESTRICTIONS ON COMMUNICATIONS.

You agree not to transmit any Communications that violate the following restrictions. You understand that if you violate these restrictions or any other provision in these Terms of Use, Dominion Imaging may deny you access to the Site.

  • Do not advocate or solicit any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
  • Do not transmit Content or Communications that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
  • Do not transmit Content or Communications that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Dominion Imaging or any third party.

You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and Dominion Imaging by reason of your transmitting Communications to or through the Site.

LAWFUL USE.

The Site may be used only for lawful purposes. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein. In connection with your use of the Site, you agree that you will not, nor will you assist or allow others to, directly or indirectly:

  • Delete any author attributions, legal notices or proprietary designations or labels on Content on the Site.
  • Provide any false or intentionally inaccurate or misleading information in any Communications transmitted to or through the Site, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
  • Transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise.
  • Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Site, except as expressly permitted under these Terms of Use.
  • Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any unlawful purpose.
  • Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
  • Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Site or any Content, or in a manner that adversely affects the Site and/or the availability of the Content to other users, including without limitation transmitting Communications that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous transmission of repetitive text.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Site, or otherwise used in connection with the operation of the Site or any Content.
  • Attempt to probe, scan or test the vulnerability of a system or network related to the Site, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Site (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
  • Interfere with or disrupt the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise.

Violations of Site or network security may result in civil or criminal liability. Dominion Imaging will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

FEEDBACK REGARDING THE SITE OR OUR BUSINESS.

You may provide suggestions, comments or other feedback on the operation of the Site or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and Dominion Imaging has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although Dominion Imaging will not publicly disclose the source of such feedback.

MODIFICATIONS AND UPDATES.

Dominion Imaging reserves the right to remove, change, modify or update any aspect of the Site at any time, in its sole discretion. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the Site.

DISCLAIMER OF WARRANTY.

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.

Dominion Imaging may provide through the Site links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Dominion Imaging Site. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Dominion Imaging. Dominion Imaging does not operate or control and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Dominion Imaging assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, DOMINION IMAGING PROVIDES THE SITE AND ANY CONTENT ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOMINION IMAGING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE SITE, THE RESOURCES, OR ANY THIRD PARTY WEB SITES (AND THEIR RESPECTIVE CONTENT) LINKED TO THE SITE. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE SITE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE SITE) WILL BE ACCURATE OR SECURE, THE OPERATION OF THE SITE AND THE RESOURCES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SITE AND THE RESOURCES, RESULTS OBTAINED, AND PERFORMANCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.

DOMINION IMAGING DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE SITE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY LICENSORS, OR REGISTERED AND NON-REGISTERED USERS OF THE SITE.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL DOMINION IMAGING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOMINION IMAGING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE SITE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE SITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE SITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DOMINION IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SITE AND YOU ACKNOWLEDGE THAT DOMINION IMAGING SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SITE, OR COMMUNICATIONS Transmitted to THE SITE, FOR ANY REASON WHATSOEVER.

IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY CONTENT PROVIDED THROUGH THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND CONTENT.

The Site is controlled and offered from Dominion Imaging’s facilities in the United States. Dominion Imaging makes no representation that the Site is appropriate or available in other locations. Any access to the Site by you from jurisdictions other than the United States may be subject to compliance with local law, for which you are solely responsible.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Dominion Imaging, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from and against any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: (a) your breach of these Terms of Use, including, without limitation, any representations or warranties made by you herein; (b) any action taken or permitted by you which disrupts, degrades or damages the Site, Content or related data thereon; (c) your infringement or other violation of any intellectual property right of Dominion Imaging or any other person or entity; (d) any negligent, wrongful conduct, or intentional torts, by you; (e) any materials (including all Content and Communications) provided by you that is published on or through the Site or any third party web site pursuant to the rights granted to Dominion Imaging hereunder; (f) your use of the Site; (g) your violation of the rights of any third party; or (h) your actual or alleged violation of any federal, state, local or foreign law, or regulation.

You agree that you will cooperate as fully and reasonably as required by Dominion Imaging in the defense of any claim arising out of your use of the Site. Notwithstanding the foregoing, Dominion Imaging reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Dominion Imaging arising out of or related to your use of the Site, and in no event shall you settle any such claim without Dominion Imaging’s prior written approval.

TERMINATION.

These Terms of Use are effective until terminated by Dominion Imaging, which Dominion Imaging may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Site or use the Site. The applicable restrictions imposed on you with respect to material downloaded from the Site, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive such termination.

GOVERNING LAW AND VENUE.

You agree and acknowledge that the Site shall be deemed a passive site that shall not give rise to personal jurisdiction over Dominion Imaging in any jurisdiction other than the Commonwealth of Virginia, and that the Site shall be deemed solely located in the Commonwealth of Virginia.

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in, and each party agrees to the exclusive jurisdiction of, the state or federal courts located within the territory of the United States District Court for the Eastern District of Virginia, to the extent such court has subject matter jurisdiction, and you irrevocably consent to personal jurisdiction and venue in any such court.

WAIVER OF JURY TRIAL.

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Site.

CONTACT INFORMATION.

Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact Dominion Imaging at the following address: 6600 West Broad Street, Suite 200A, Richmond, VA 23230, email: info@dominionimaging.com

NOTIFICATION OF COPYRIGHT INFRINGEMENT.

If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated Copyright Agent to receive notifications of claimed infringement, Copyright Agent, Dominion Imaging, LLC, 125 Woodstream Boulevard, Suite 109, Stafford, Virginia 22556 (info@dominionimaging.com). Any personal information you provide in your notice will be used only for purposes related to your notice.

MISCELLANEOUS.

Except as otherwise expressly provided herein, these Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Site, shall constitute the entire agreement between Dominion Imaging and you regarding your use of the Site.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any failure by Dominion Imaging to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of Dominion Imaging’s rights or remedies, which shall remain available to Dominion Imaging.

The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of Dominion Imaging, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.