Terms of Use and Privacy Notice
Terms of Use
Last Updated: November 2024
1. Introduction
The Site is owned and controlled by MRI Analytics LLC (collectively, with our subsidiaries and affiliates, “MRI Analytics LLC”, “we”, “us” or “our”).
THE SITE AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THESE TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THE SITE AND SERVICES WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THE SITE.
PLEASE BE AWARE THAT SECTION 12 OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND MRI ANALYTICS HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS ARBITRATION PROVISIONS WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND MRI ANALYTICS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
IMPORTANT NOTICE TO YOU
These Terms of Use and the Privacy Notice below (collectively, the “Terms and Conditions”), govern your use of this website, including without limitation use of all content, data, images, information and other materials posted on or available through or communications made through the website (collectively, the “Site”). By using the Site, you agree that you have reviewed and understood these Terms and Conditions to your full satisfaction, that you accept and are subject to the Terms and Conditions, and that MRI Analytics is permitted to use the information it collects through the Site as set forth below or in the Privacy Notice. If you are not in agreement with the Terms and Conditions, you must immediately leave and no longer use the Site. If you breach any of these Terms and Conditions, your authorisation to use the Site shall automatically terminate. Except as otherwise provided in the Terms and Conditions, if any part or parts of the Terms and Conditions are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms and Conditions shall continue in full force and effect. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
2. Intellectual Property Rights
MRI Analytics’ name and logo and related designs are trademark(s) and service mark(s) owned by MRI Analytics. The Site is owned and operated by MRI Analytics. Except for Third Party Content (defined below) all content, data, information and other materials on or directly accessible from the Site or provided through the services, is owned by MRI Analytics, its affiliates, or its vendors or licensors. The Site and all content is protected by United States and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions are reserved by MRI Analytics, its affiliates, or its vendors or licensors.
Subject to the Terms and Conditions, MRI Analytics grants to you a personal, non-exclusive, limited, non-transferable, non-sublicensable, revocable right, during the term of the Terms and Conditions, to access and use the Site for your personal, non-commercial use only. Except as provided in these Terms and Conditions, any use of the Site or any of MRI Analytics’ materials on any other website or networked computer environment for any purpose is prohibited.
3. Third Party Content
The Site may display, include, make available, or otherwise link to content, data, information, applications, web sites, or other materials generated or provided by third parties (“Third Party Content”). External hyperlinks to or from the Site do not constitute any endorsement or recommendation by MRI Analytics of any third party or its website, products, resources or other information. An external hyperlink to a site does not imply that MRI Analytics is affiliated with or sponsors the third party’s website. You understand that Third Party Content may include content that may be deemed offensive, indecent, or objectionable, or that may be inaccurate, unresponsive, unreliable, or even untruthful. By using the Site, you acknowledge and agree that MRI Analytics shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Content. MRI Analytics does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Content. Third Party Content is provided “AS IS” and solely as a convenience to you, with no warranties of any kind.
4. Jurisdiction
MRI Analytics makes no representation that materials in the Site are appropriate or available for use in any specific location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.
5. MRI Analytics’ Use of Your Data and Communications
Except as expressly provided in our Privacy Notice, you acknowledge that any personal content, communications, material, information, or data of any kind that you e-mail, post, or transmit to or through the Site, including, questions, comments, suggestions and other information (your “Communications”) will be treated as non-confidential and non-proprietary by MRI Analytics. You hereby represent and warrant that you have the right to provide to MRI Analytics all Communications you submit to MRI Analytics through the Site. By using the Site, you authorise and hereby grant MRI Analytics a non-exclusive, transferable, sublicensable, fully-paid, royalty-free, perpetual, world-wide, irrevocable license to reproduce, create derivative works of, transmit, display, disclose, sell, and otherwise use your Communications for reasonable business purposes, except as expressly prohibited by our Privacy Notice.
For further information about how we process your personal data in the EEA, the UK and Switzerland, please see our Privacy Notice.
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND WE DO NOT AND CANNOT GUARANTEE THAT YOUR INFORMATION OR COMMUNICATIONS CANNOT BE ACCESSED BY UNAUTHORISED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. YOU ACKNOWLEDGE AND AGREE THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORISED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE, YOUR INFORMATION OR COMMUNICATIONS, AND/OR OUR NETWORKS. WE SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES OR FOR YOUR INABILITY TO ACCESS OR USE THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
6. Acceptable Use
As a condition of your use of the Site, you warrant to MRI Analytics that you will not (i) use the Site for any purpose that is unlawful, (ii) use the Site for any commercial purpose, (iii) modify, rent, lease, loan, sell, or distribute the Site in any manner, (iv) use or exploit the Site in an abusive, improper, or illegal manner as determined solely by MRI Analytics, including but not limited to, by trespass, burdening network capacity, or using the Site to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party or to transmit illegal, pornographic, libelous, profane or otherwise offensive messages or content, (v) create derivative works based on the Site or reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site.
MRI Analytics does not permit the use of robots, spiders, crawlers or the like in connection with the Site without our prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories.
The Site is not intended for use by any person who is under the age of thirteen (13). By accessing the Site, you represent and warrant that you are at least thirteen (13) years old.
7. No Warranty
THE SITE AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. WE DO NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY DATA, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO OR PROVIDED THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
NEITHER MRI ANALYTICS NOR ITS AFFILIATES, NOR THEIR LICENSORS OR VENDORS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF MRI ANALYTICS OR ITS AFFILIATES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR OTHER SITE-RELATED CONTENT, INFORMATION, SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR SUCH CONTENT, INFORMATION, SERVICES, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MRI ANALYTICS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
9. Indemnification
You agree to indemnify and defend MRI Analytics and its affiliates, and their participants, members, volunteers, staff, employees, suppliers, directors, and agents from any claims, actions, losses, liabilities, damages, costs, and expenses (including attorneys fees and costs) directly or indirectly arising from your (a) you use or misuse of, or inability to use the Site or related services, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. MRI Analytics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of MRI Analytics.
10. Changes to the Terms and Conditions
MRI Analytics reserves the right to make changes to these Terms and Conditions, including the Privacy Notice, at any time and for any reason. Please check these Terms of Use and the Privacy Notice when you use the Site to ensure that you are aware of any changes. We will notify you of any changes we may make to our Privacy Notice and, where appropriate, by email. The Terms and Conditions will indicate the date they were last updated. Your continued use of the Site, including use after the posting of any changes to these terms, will be deemed acceptance by you of the then-current Terms and Conditions.
For further information about how we process your personal data in the EEA, the UK and Switzerland, please see our privacy notice.
11. Dispute Resolution
The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions that are not resolved by mutual agreement shall be governed by Florida law, without giving effect to principles of conflicts of laws provisions thereof, and submitted to final and binding arbitration before the American Arbitration Association pursuant to the United States Arbitration Act, 9 U.S.C. § 1 et seq. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MRI ANALYTICS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
If you have any questions concerning these Terms and Conditions, or you desire to contact MRI Analytics for any reason, please write: information@mrianalytics.com.