Terms and Conditions for Use of This Site
1. Acceptance of Contract Terms.
Thank you for visiting the Records Imaging Service of Ohio, Inc. (“RDS”) website (the “Site”). This Site has been created to assist you in litigation and claims management of medical, employment and other records. Please review the following terms and conditions concerning your use of the Site.
This is a legal agreement (“Agreement”) between RDS and you (“You” or “User”). By accessing, browsing, transmitting or downloading information to or from the Site, or in any other way using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use, the hard copy of the End User License Agreement you signed previously, and the periodic click through EULA and to comply with all applicable laws and regulations, including U. S. export and re-export control laws and regulations. If you do not agree to the following Terms and Conditions of Use, do not use this Site.
Records Imaging Service of Ohio, Inc. (“RDS”) is an Ohio corporation that has been authorized by you as a service provider principally engaged in the business of providing litigation and claims support. RDS, inter alia, obtains access to medical, employment and other records (the “Records”) as the agent of counsel and other corporate and insurance professionals, and, at their direction, issues subpoenas pursuant to the Rules of Civil Procedure and authorizations for the release of information. RDS then provides access to copies of the records it obtains to counsel of record, in paper electronic form.
For purposes of these Terms and Conditions of Use, the “Records” means all records obtained by RDS at the request of the User; the “Electronic Records” means the electronic version of the Records; and the “Database” means the Electronic Records uploaded to the World Wide Web or RDS= website sometimes also known as “Digital Document Delivery Service”.
2. License and Limitations on Use of the Content.
Permission is hereby granted to User a non-transferable limited license to use the site to download the information displayed, transmitted or carried on the Site (including, but not limited to, directories, guides, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like), (collectively the “Content”), provided that you do not remove any trademark, copyright, or any other notice contained in such Content or modify the Content or the Database. User may only allow third parties to conduct searches if those parties are identified to RDS, and all appropriate fees are paid. User may allow a paralegal or legal assistant working under the supervisor of User or on behalf of clients of User to conduct searches on the site or make copies (electronically or in paper form) of the Database or portions of the Site, provided that User shall require compliance with these Terms and Conditions of use, and if User shall indemnify and hold RDS harmless from all loss, cost or claim including attorneys= fees arising out of the usage of the Database or the Site by any such paralegal or other legal assistant.
3. No Unlawful or Prohibited Use.
As a condition of your use of the Database or the Site, you warrant to RDS that You will not use the Database or the Site for any purpose that is unlawful or prohibited by these terms, conditions, and any notices posted at any time on the Database or the Site. You may not use the Database or the Site in any manner which could damage, disable, overburden, or impair the Database or the Site, or interfere with any other party=s use and enjoyment of the Database or the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Database or the Site. You will not post, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary information on the Database or the Site without obtaining the prior consent of the owner of such proprietary rights.
The Database and the Site include medical and other personal records that are confidential and, pursuant to state and federal laws and regulations, may only be accessed, disseminated and utilized for limited purposes. You acknowledge that RDS does not purport to provide legal advice as to the state of the law, or the legality of any activities you or your authorized users undertake, including but not limited to causing access, uploading and electronic dissemination of the Content, or use of the World Wide Web as a means of any of these or other activities related to the Content, domestically or internationally. Further, RDS does not purport to know when or in what way applicable law governing this or related information may change, domestically or internationally. You agree that the sole responsibility for compliance with all laws and regulations is solely and exclusively yours.
You also acknowledge that RDS has established security for the Electronic Records in the Database and posted to the Site. You acknowledge that RDS has taken reasonable precautions using commercially available hardware and software solutions to provide said security. User hereby acknowledges that RDS does not warrant or guarantee that the security utilized now or in the future is absolutely foolproof or immune from electronic virus, worms or similar destructive or disabling electronic attack, or from access and/or modification by unauthorized third parties. Any known or suspected attack or use of the Database or the Site must be immediately brought to the attention of RDS by You.
The Site may only be used for lawful purposes. To that end, You agree that you will not use the Database or the Site to:
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload or cause RDS to upload Electronic Records that contain software of other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Cause RDS to upload Electronic Records that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another=s computer.
Conduct or forward surveys, contents, pyramid schemes or chain letters.
Cause RDS to upload any Electronic files that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other property notices or proprietary designations or labels of the origin or source of software or other material contained Records that are to be uploaded to the Database or the Site by RDS.
Restrict or inhibit any other use from lawfully using and enjoying the Database or the Website.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations in the way You use the Database or the Website.
RDS has no obligation to monitor the Database or the Site. However, RDS reserves the right to review materials posted to the Database or the Site and to remove any materials in its sole discretion. RDS reserves the right to terminate your access to any or all of the Database or the Site at any time without notice for any reason whatsoever.
RDS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials uploaded to the Database or the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. RDS will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any materials reasonably believed to be unlawful or prohibited.
4. Export Control.
The Site, and its entire Content, are or may be subject to United States export controls. The Content from this Site may not be downloaded or otherwise exported (1) into, or to a national or resident or, Cuba, Iran, Iraq, North Korea, Sudan, Syria or to any other country which the United States has embargoed goods; (2) to anyone on the U. S. Treasury Department=s list of Specially Designed Nationals or the U. S. Commerce Department=s Table of Denial Orders (the “Restricted List”).
By using or downloading any Content from the Site, you agree to comply with these Terms of Usage and affirm that you are not in, or a national or resident of, any such country or on any Restricted List.
5. Modification of Terms, Notices, Typographical Errors.
RDS reserves the right to change the terms, conditions and notices under which the Database and the Site are offered. You are responsible for regularly reviewing these terms, conditions and notices. RDS may make the changes by posting the amended terms on the Site. However, the terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend these terms and conditions, or any posted notice, will be null and void, unless otherwise agreed to in a written agreement signed by a duly authorized representative of RDS. The Content on the Database and the Site could contain technical, typographical, photographic, or other, errors. RDS does not warrant that any of the Content on the Database or the Site are accurate, complete, or current. RDS may make changes to the Content on the Site at any time without notice. RDS does not, however, make any commitment to update the Content.
6. Password Assignment and Use.
RDS will assign a unique password to each authorized user You request. RDS will charge a monthly fee for each unique password it issues at your request. Passwords may be changed, or re-assigned, only upon written authorization from you or your duly authorized representative. Requests for and changes of passwords will be completed within a commercially reasonable time, and following verification in a manner to be determined at the sole discretion of RDS.
7. Disclaimer of Warranties and Limitation of Liability.
RDS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE DATABASE, THE SITE, OR THE CONTENT THEREON, OR OTHER PRODUCTS, SERVICES OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE DATABASE OR THE SITE OR YOUR USE OF THE DATABASE OR THE SITE GENERALLY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RDS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE DATABASE, THE SITE, THE CONTENT, OR YOUR USE OF THEM GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION=S LAW IS APPLICABLE TO THIS AGREEMENT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RDS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE DATABASE, THE SITE OR ANY OF THE CONTENTS, EVEN IF RDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. RDS CANNOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE DATABASE OR THE SITE.
YOU AGREE THAT, EXCEPT AS PROVIDED HEREUNDER RDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (ASERVICE PROVIDERS@) SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE DATABASE, OR THE SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL RDS, OR ANY OF ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) WITH RESPECT TO THE DATABASE, THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, THE INFORMATION, OR OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE SITE, YOUR USE OF THE SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER RDS OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF RDS AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE DATABASE OR THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION=S LAW IS APPLICABLE TO THIS AGREEMENT.
You agree to indemnify and hold RDS, its affiliates, officers and employees harmless from any claim, demand, expense or damage, including reasonable attorneys= fees relating to your use of the Database and the Site or violation of this Agreement, including, but not limited to, damages resulting from you providing or authorizing the provision of information to RDS, or you publishing, posting, uploading, distributing, or disseminating any material or information which is alleged to violate any law or regulation, or the EULA.
9. Year 2000 Disclaimer.
RDS makes no representations or warranties, either express or implied, of any kind with respect to Year 2000 or similar compliance or compatibility of the Database or the Site. RDS expressly disclaims all warranties, express or implied, of any kind with respect to Year 2000 or similar compliance or compatibility of software or other products on the Site, including but not limited to, merchantability and fitness for a particular purpose. In no event shall RDS or any of their Service Providers be liable for special, indirect, consequential, or punitive damages relating to the Year 2000 or similar compliance or compatibility of software or other products sold.
The trademarks, service marks, and logos (collectively, the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of RDS or Compulink Management Center, Inc. Nothing on the Site should be construed as creating, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark displayed on the Site, without written permission of the Trademark owner. RDS aggressively enforces its intellectual property rights to the fullest extent of the law. The names of RDS and Compulink Management Center, Inc., or their respective logo(s), may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission, or by compliance with the terms of a Linking Agreement. Any rights not expressly granted herein are reserved.
A list of U. S. Trademarks owned by RDS and Compulink Management Center, Inc. may be obtained from RDS upon request. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of RDS or Compulink Management Center, Inc. should be referred to RDS at (216) 861-1454.
11. Governing Law.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be performed entirely within such state. The parties hereby agree that these Terms and Conditions of Use may only be litigated or arbitrated within Cuyahoga County, Ohio.
Any written amendment to these Terms and Conditions of Use hereto may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, binding on all parties, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
The headings in these Terms and Conditions of Use are for reference only and shall not affect the interpretation hereof.
14. Attorney=s Fees.
If any legal action arises under these Terms and Conditions of Use or by reason or any asserted breach of it, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorney=s fees, incurred in enforcing or in attempting to enforce any of the terms, covenants or conditions hereof, including costs incurred prior to commencement of legal action, and all costs and expenses, including reasonable attorney=s fees, incurred in any appeal from an action brought to enforce any of the terms, covenants or conditions hereof.
15. English Language.
These Terms and Conditions of Use shall be deemed accepted in, and construed in accordance with a fair reading of the English text hereof.
All notices, demands and other communications hereunder must be in writing or by written telecommunications, and will be deemed to have been duly given: (1) if mailed certified mail, postage prepaid, on the date three (3) business days from the date of mailing; (2) if delivered by overnight courier, when received by the addressee; or (3) if sent by electronic mail, receipt confirmed, on the date of receipt by Customer (or if such day is not a business day, on the business day immediately following the date or receipt by Customer), in each case at the address set forth below, or such other address as either party may specify in writing:
If to RDS:
Mr. John W. Humbach
1500 Superior Building
Cleveland, Ohio 44114
(216) 861 – 0246
With a copy to:
Tim L. Collins, Esq.
Collins & Scanlon LLP
3300 Terminal Tower
50 Public Square
(216) 696-1166 (facsimile)
If to Customer: The e-mail address you provide to us when you access the Site.