Mobile Mammography - Breast Cancer Screening - Women's Wellness

Terms of Use

IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and Assured Imaging Women's Wellness ("AIWW" or "our" or "we" or "us") pertaining to the access and use of the services offered, and all information, content, media, printed materials and "online" or other electronic documentation accessible from, www.assuredww.com or any sub-domains thereof or other websites operated by or for AIWW (collectively, the "Sites").

The Sites are all offered by AIWW to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. AIWW reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

Disclaimer

You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While AIWW endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. AIWW does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the materials or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. AIWW does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. AIWW encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.

In certain instances AIWW permits third parties to provide testimonials and information. AIWW may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of AIWW or endorsed by AIWW.

Restrictions on Use of Materials

Unless otherwise indicated, AIWW or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, AIWW owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of AIWW, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of AIWW or any third party.

AIWW will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that

  • the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials,
  • you must give attribution to AIWW and if possible provide a reference to AIWW's main site www.assuredww.com
  • the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and
  • if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is AIWW's material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by AIWW or its licensors.

General Indemnification

You agree that you will hold harmless AIWW, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, theSites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Limitation of Liability

In no event and under no circumstances shall AIWW or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Disclaimer of Warranties

THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

THE SITES ARE MANAGED IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA. AIWW MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. AIWW MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

Privacy of Patient Information. The Health Insurance Portability and Accountability Act ("HIPAA") may regulate and limit the use and disclosure of your private health information by certain healthcare institutions. However, you should know that the HIPAA regulations apply to information gathered in the treatment of patients and not to information gathered by or through the Sites. For details on how AIWW protects the privacy of personallyidentifiable information gathered by or through the Sites, please see our Privacy Policy.

Acceptable Use Policy for Sites

You will not, and will not allow or authorize others to, use the Sites to take any actions that:

  • infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any applicable law, statute, ordinance or regulation (including those regarding export control);
  • are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on AIWW infrastructure;
  • involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines;
  • involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
  • would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations;
  • involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized);
  • impersonate any person or entity, including, without limitation, one of AIWW's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites;
  • collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you;
  • attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or
  • are contrary to AIWW's public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly

  • modify, enhance, alter, or prepare derivative works based on any AIWW content, software or infrastructure
  • decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of AIWW or its licensors or supplier's software or infrastructure, or
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites and continues in effect until terminated in accordance with these Terms Of Use.AIWW may terminate your access to the Sites at any time for any reason. Cause for such termination shall include, but not be limited to:

  • breaches or violations of these Terms Of Use;
  • requests by law enforcement or other government agencies;
  • unexpected technical or security issues or problems;
  • fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites;
  • discontinuance of the Services as a whole;
  • a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Sites;
  • completion of the AIWW or other fundraising event or program in which you are participating; and/or
  • any other reason reasonably considered by AIWW to be in its best interest.

Your access to the Sites also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. AIWW shall not be obligated to return or provide copies of any information, files or contentrelated to your access to the Sites or the Services to you upon termination.

You further agree that AIWW shall not be liable to any third-party for any termination or deactivation of your access to the Sites.

Upon termination, AIWW will have no further obligation or responsibility to you with respect to the Sites terminated, and you will have no further obligation or responsibility to AIWW with respect to the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites.

Deactivation of the Sites

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate AIWW to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Notice of Claims of Intellectual Property Violations

The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content received from third parties. AIWW does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide AIWW's general counsel (whose contact information provided below) with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AIWW to locate the material.
  • Information reasonably sufficient to permit AIWW to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

AIWW's agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:

By mail:
Breast Assured Foundation
Attention: Legal Department
8710 N. Thornydale Rd. #100
Tucson, AZ 85742

Please provide all of the information requested above. No specific form is required to provide AIWW with notifications of possible infringement. However, it will take AIWW longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

COPPA

AIWW does not knowingly solicit data from children or knowingly market to children. AIWW is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online PrivacyProtection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that AIWW receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, AIWW will delete that information from the Sites as quickly as is reasonably practical.

Privacy

AIWW understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how AIWW may use such information. Protecting privacy isan important priority to AIWW. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Equitable Remedies

You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations

These Terms Of Use are governed by the laws of the State of Arizona, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Pima County, AZ. You agree that the statute of limitations for any claim against AIWW shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution

In the event of any dispute arising out of these Terms Of Use, you and AIWW each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and AIWW agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or AIWW may initiate the mediation process with thirty (30) days' prior written notice to the other. The dispute shall be submitted to mediation in Tucson, Arizona, U.S.A. Costs of mediation shall be borne equally by both you and AIWW. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and AIWW agree to extend the time by mutual agreement or unless the mediator declares you and AIWW to be at an impasse. Notwithstanding the above, in the event that AIWW believes that immediate injunctive relief is required to protect its rights, AIWW may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Miscellaneous

If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder.

These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English.

These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and AIWW with respect to the Sites and the Services.

Contact Information

If you have any questions regarding these Terms Of Use, you may write to AIWW:

By mail:
Assured Imaging Women's Wellness
Attention: Legal Department
8710 N. Thornydale Rd. #100
Tucson, AZ 85742
Posted: 11/02/2011

HQ Office:

AIWW HQ Office
7717 N. Hartman Lane
Tucson, AZ 85743
Phone: (520) 744-6121
Toll Free: (888) 233-6121
Fax: (520) 572-7138


WA Office:

AIWW WA Office
545 Andover Park W. Suite 109
Tukwila, WA 98188
Phone: (206) 467-1949
Toll Free: (888) 967-1949
Fax: (206) 467-1912


Scottsdale Office:

AIWW Scottsdale Breast Center
9180 E. Desert Cove Ave. Suite 105
Scottsdale, AZ 85260
Phone: (480) 614-5544
Toll Free: (888) 233-6121
Fax: (480) 614-5222


Social Media:








E. Tucson Office:

AIWW Desert Bloom Imaging
6452 E. Carondelet Dr.
Tucson, AZ 85710
Phone: (520) 744-6121
Toll Free: (888) 233-6121
Fax: (520) 572-7138


N.W. Tucson Office:

AIWW La Cholla Imaging
6261 N. La Cholla Suite D08
Tucson, AZ 85741
Phone: (520) 744-6121
Toll Free: (888) 233-6121
Fax: (520) 572-7138



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