These Terms of Use ("Terms") govern your access to and use of the website located at www.rimagesolutions.net and any related pages, forms and content (together, the "Website"), operated by Rimage Solutions, 5053 Shore Side Dr, Lakeland, Florida 33812 ("Rimage," "we," "us" or "our").
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER (SECTION 13) THAT AFFECT HOW DISPUTES ARE RESOLVED. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
1. Eligibility and authority
You must be at least 18 years old to use the Website. If you use the Website on behalf of a company, practice or other organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization.
2. Website only; separate agreements control our services
These Terms apply only to the Website. Access to and use of our software products and services, including CareAnalytix, Rimagination, BPO services and software development services, are governed exclusively by a separate written agreement signed by Rimage and the client (and, where applicable, a Business Associate Agreement). If there is a conflict between these Terms and such an agreement, the signed agreement controls. Nothing on the Website is an offer, quotation or commitment to provide any product or service.
3. No medical, legal, billing or professional advice
Content on the Website, including articles, case studies, product descriptions and examples, is provided for general informational and marketing purposes only. It is not medical, clinical, legal, coding, billing, reimbursement, tax or compliance advice, and it does not create any professional or client relationship. You are solely responsible for your own coding, billing, clinical and compliance decisions and should consult qualified professionals.
4. Do not submit protected health information
The Website, including the contact form, is not designed to receive protected health information ("PHI") as defined under HIPAA, or any other sensitive personal information about patients. You agree not to submit PHI or patient information through the Website. Any such information submitted in violation of this section is submitted at your own risk, and Rimage has no obligation to treat it as PHI under a Business Associate Agreement, although we will take reasonable steps to delete it once identified.
5. Acceptable use
You agree not to, and not to attempt to:
- use the Website for any unlawful, fraudulent or harmful purpose, or in violation of these Terms;
- gain unauthorized access to the Website, its servers, accounts, forms or any connected systems or networks;
- probe, scan or test the vulnerability of the Website, or breach or circumvent any security, CAPTCHA, rate-limit or authentication measure;
- introduce viruses, malware or other harmful code, or interfere with or disrupt the Website or its hosting infrastructure;
- use any robot, scraper or automated means to access, copy or collect content or information from the Website, other than search engines indexing the Website in accordance with our robots.txt file;
- use the contact form or any Website feature to send spam, unsolicited messages or messages using another person's identity or email address;
- frame, mirror or copy the Website, or reverse engineer any part of it; or
- use the Website or its content to build or improve a competing product or service.
We may suspend or block access to the Website, and pursue all available legal remedies, for any violation of this section.
6. Intellectual property
The Website and all of its content, including text, graphics, logos, designs, software, workflows and the names CareAnalytix, Rimagination, CareConnekt and Rimage Solutions, are owned by Rimage or its licensors and are protected by United States and international copyright, trademark and other intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view the Website for your internal evaluation of our products and services. No other right or license is granted. You may not copy, reproduce, modify, distribute, publicly display or create derivative works from any Website content, or use our names or marks, without our prior written consent. All rights not expressly granted are reserved.
7. Feedback and submissions
If you send us ideas, suggestions or other feedback, you grant Rimage a perpetual, irrevocable, royalty-free, worldwide right to use it for any purpose without obligation to you. Do not send confidential information through the Website unless a separate written confidentiality agreement is in place.
8. Third-party links and services
The Website may link to or display content from third parties (for example, LinkedIn, YouTube or Google Maps). We do not control and are not responsible for third-party websites, content, products or privacy practices, and a link does not imply endorsement. Your use of third-party services is at your own risk and subject to their terms.
9. Disclaimer of warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, RIMAGE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT. RIMAGE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT MESSAGES SENT THROUGH IT WILL BE DELIVERED, OR THAT ANY CONTENT, INCLUDING ANY COST, SAVINGS OR PERFORMANCE EXAMPLES, IS ACCURATE, COMPLETE OR CURRENT. EXAMPLES AND ILLUSTRATIONS ARE NOT GUARANTEES OF ANY RESULT.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RIMAGE OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, REIMBURSEMENT, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIMAGE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). These limitations are an essential basis of the bargain between you and Rimage and apply even if a remedy fails of its essential purpose.
11. Indemnification
You agree to defend, indemnify and hold harmless Rimage and its owners, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use or misuse of the Website, (b) your violation of these Terms or any law, or (c) any information you submit through the Website, including any PHI submitted in violation of Section 4.
12. Governing law
These Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and, as to the arbitration agreement in Section 13, by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and, to the extent not inconsistent with it, the Revised Florida Arbitration Code (Chapter 682, Florida Statutes).
13. Dispute resolution: binding arbitration in Polk County, Florida
(a) Notice and informal resolution. Before starting any arbitration or court proceeding, the party raising a dispute must send a written Notice of Dispute describing the nature and basis of the claim, the relief sought, and the sender's name, mailing address and email address. Notices to Rimage must be sent by certified U.S. mail, return receipt requested, or by nationally recognized overnight courier to:
Rimage Solutions
Attn: Legal Notices – Disputes
5053 Shore Side Dr
Lakeland, FL 33812
A Notice of Dispute sent by email, through the contact form or by any other method is not effective. The parties will attempt in good faith to resolve the dispute informally for sixty (60) days after the Notice is received. Completing this process is a condition precedent to starting arbitration or any court proceeding.
(b) Agreement to arbitrate. Except as provided in subsection (f), any dispute, claim or controversy arising out of or relating to these Terms or the Website, including the formation, interpretation, scope, validity or enforceability of this arbitration agreement, will be resolved exclusively by final and binding arbitration.
(c) Rules, arbitrator and venue. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or, where required by AAA, its Consumer Arbitration Rules, before a single neutral arbitrator. The seat and venue of the arbitration, and any in-person hearing, will be in Polk County, Florida, unless both parties agree otherwise in writing. The arbitrator will apply Florida substantive law and the limitations in these Terms and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.
(d) Class action and jury trial waiver. YOU AND RIMAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND RIMAGE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. If this class action waiver is found unenforceable as to any claim, that claim must be severed and heard in court under subsection (g), and all other claims remain subject to arbitration.
(e) Confidentiality. The arbitration, including all submissions, evidence and the award, is confidential, except as necessary to enforce or challenge the award or as required by law.
(f) Exceptions. Either party may (i) bring an individual claim in small claims court in Polk County, Florida, if it qualifies, and (ii) seek temporary, preliminary or permanent injunctive or other equitable relief in a court described in subsection (g) to protect its intellectual property, confidential information or the security of its systems, or to stop unauthorized access to or misuse of the Website.
(g) Exclusive courts. For any matter not subject to arbitration, and for any action to compel arbitration or to confirm, modify or vacate an award, the parties consent to the exclusive jurisdiction and venue of the state courts located in Polk County, Florida (Tenth Judicial Circuit) or the United States District Court for the Middle District of Florida, and waive any objection based on inconvenient forum.
(h) Time limit to bring claims. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Website must be started within one (1) year after the claim arises, or it is permanently barred.
(i) Fees. Each party bears its own attorneys' fees and costs, and AAA fees are allocated as provided by the applicable AAA rules, except that the arbitrator or court may award reasonable attorneys' fees and costs to the prevailing party where permitted by law.
14. Electronic communications
By using the Website or contacting us, you consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Legal notices to Rimage must be sent by mail as stated in Section 13(a).
15. Changes to the Website and these Terms
We may modify, suspend or discontinue any part of the Website at any time without notice or liability. We may update these Terms at any time by posting a revised version with a new effective date. Your continued use of the Website after the update means you accept the revised Terms. Changes will not apply retroactively to a dispute for which a Notice of Dispute was received before the change was posted.
16. General
These Terms, together with our Privacy Policy, are the entire agreement between you and Rimage regarding the Website and supersede any prior understandings about it. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction. We are not liable for any delay or failure caused by events beyond our reasonable control. Section headings are for convenience only. Sections 3, 4 and 6 through 16 survive any termination of your access to the Website.
17. Contact
General questions about these Terms: connect@rimagesolutions.net or 863.512.4062. Legal notices and Notices of Dispute must be mailed to Rimage Solutions, Attn: Legal Notices – Disputes, 5053 Shore Side Dr, Lakeland, FL 33812, as described in Section 13(a).