These Terms and Conditions (the "Terms") govern your access to and use of the website located at www.apexradiologygroup.com (the "Site") owned and operated by Apex Radiology Group, PLLC ("Apex Radiology Group," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.
1. About Apex Radiology Group
Apex Radiology Group, PLLC is a Florida professional limited liability company that provides teleradiology and related diagnostic interpretation services to hospitals, imaging centers, and other healthcare clients pursuant to written agreements. The Site is informational. Nothing on the Site is an offer to provide professional medical services. Professional services are provided only pursuant to a separate written agreement executed by Apex Radiology Group and the client.
2. Not Medical Advice
The content on the Site is provided for general informational purposes only. The Site does not provide medical advice, diagnosis, or treatment. The Site is not intended for use by patients seeking medical care. Nothing on the Site creates a physician-patient relationship between you and Apex Radiology Group or any of its physicians, employees, or contractors.
If you are a patient and believe you may have a medical emergency, call 911 or your local emergency number immediately. Do not rely on the Site for any medical decision. Always consult a qualified healthcare professional regarding any medical concerns or conditions.
3. Eligibility and Authorized Use
The Site is intended for use by adults 18 years of age or older, including healthcare professionals, hospital and facility administrators, vendors, and other business users. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
4. Intellectual Property
The Site and all content, materials, text, graphics, logos, images, photographs, videos, audio, software, code, and other materials available on the Site (the "Site Content") are owned by Apex Radiology Group or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, Apex Radiology Group grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Site Content for your personal, non-commercial use or for legitimate business purposes related to evaluating or engaging Apex Radiology Group's services. No other rights are granted to you by implication, estoppel, or otherwise.
The name "Apex Radiology Group," the Apex Radiology Group logo, and other Apex Radiology Group marks are trademarks of Apex Radiology Group. You may not use these marks without our prior written consent.
5. Prohibited Conduct
You agree that you will not, and will not authorize or assist any third party to:
• Use the Site in violation of any applicable law, regulation, or third-party right
• Use the Site for any purpose that is unlawful, harmful, fraudulent, or deceptive
• Copy, reproduce, modify, distribute, publicly display, publicly perform, republish, download, store, or transmit any Site Content except as expressly permitted by these Terms
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software or technology underlying the Site
• Use any robot, spider, scraper, crawler, or other automated means to access the Site or collect information from the Site
• Bypass, disable, or interfere with security or access-control features of the Site
• Introduce viruses, malware, worms, trojan horses, or other malicious code to the Site
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Site to transmit Protected Health Information, except through channels we have specifically designated for that purpose
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site
6. User Submissions
If you submit information, content, or materials to us through the Site (including through contact forms, email, or other channels) (collectively, "Submissions"), you represent and warrant that you have the right to do so and that the Submissions do not violate any law or third-party right. You grant Apex Radiology Group a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, and distribute Submissions for legitimate business purposes consistent with our Privacy Policy and applicable law.
Do not submit Protected Health Information or other sensitive information through the Site unless we have specifically directed you to do so through a secure channel.
7. SMS Messaging Terms
Program Description
By providing your mobile phone number and opting in to receive text messages from Apex Radiology Group, PLLC, you consent to receive SMS communications from us.
Our messaging program is designed to ensure optimal customer support and to respond to service-related inquiries.
Message types may include:
• Service updates
• Appointment confirmations and reminders
• Scheduling notifications
• Customer support communications
• Account and administrative notifications
Users may opt in to receive SMS messages by submitting a website form, requesting information through the Site, scheduling a consultation, providing consent during a business inquiry, or otherwise expressly authorizing Apex Radiology Group to send text messages.
Message Frequency and Charges
Message and data rates may apply. Message frequency varies based on your interactions with our service.
Opt-Out Instructions
You can cancel the SMS service at any time. Just text "STOP" to (239) 529-4069. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you subsequently opt in again.
Help Instructions
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance. You may also contact us directly at [email protected] or (239) 529-4069.
Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
Eligibility and Age Restriction
By using this service, you represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not use or access our services or opt into our messaging program.
Privacy Policy
Your use of the messaging program is also governed by our Privacy Policy.
View it here:
https://www.apexradiologygroup.com/privacy-policy
By participating in the SMS messaging program, you acknowledge that you have read and agree to our Privacy Policy and these SMS Messaging Terms.
8. Third-Party Links and Services
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Apex Radiology Group. We do not endorse and are not responsible for the content, products, services, or practices of any third party. Your use of any third-party site or service is governed by that third party's terms and policies, not these Terms.
9. Disclaimers
THE SITE AND ALL SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, APEX RADIOLOGY GROUP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Apex Radiology Group does not warrant that the Site will be uninterrupted, secure, error-free, free of viruses or other harmful components, or that defects will be corrected. Apex Radiology Group makes no warranty as to the accuracy, completeness, currency, or reliability of any Site Content.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL APEX RADIOLOGY GROUP, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF APEX RADIOLOGY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, APEX RADIOLOGY GROUP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such limitation is not enforceable in your jurisdiction, the limitation will apply to the maximum extent permitted by applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Apex Radiology Group and its members, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any Submissions you provide.
12. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive will continue in effect, including provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
13. Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Site are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Subject to Section 13 below, any action or proceeding arising out of or relating to these Terms or the Site must be brought exclusively in the state or federal courts located in Collier County, Florida, and you irrevocably consent to the personal jurisdiction and venue of those courts.
14. Dispute Resolution
Before initiating any formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute informally by providing written notice to the other party describing the dispute and a proposed resolution. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed in accordance with Section 12.
15. Changes to These Terms
We may revise these Terms from time to time. The revised Terms will be effective as of the "Last Updated" date at the top of these Terms. Material changes will be communicated through the Site or by other reasonable means. Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of the revised Terms.
16. Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Apex Radiology Group regarding your use of the Site. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The failure of Apex Radiology Group to enforce any right or provision of these Terms will not constitute a waiver. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
17. Contact Us
If you have questions about these Terms, the SMS Messaging Program, or our services, please contact us:
Apex Radiology Group, PLLC
Attn: Privacy Officer
4850 Tamiami Trail N, Suite 301
Naples, FL 34103
Phone: (239) 529-4069
Email: [email protected]