RadsBest is an application that is owned and created by Medocratic LLC. Your access to and use of RadsBest (“Radiologists Best Friend”, “Rads Best”, “the app”, “the application”) including any new features and related services is subject to your acceptance of Apple’s End User License Agreement and to these additional Terms and Conditions. It is provided by the developers as specified on the iTunes app store (“us”, “we”). By using the app you will be deemed to have accepted these Terms and Conditions and everything they contain. If you do not accept these Terms and Conditions you must immediately stop using the app and notify us at firstname.lastname@example.org to terminate your account.
We reserve the right to update or amend these Terms and Conditions at any time. If we make any material changes to these terms and conditions, we will place a prominent notice on our website or within the application. We may also send a notice to you by email, push notification, or text. There may still be times when it is not possible for us to notify the individual user. It is therefore your responsibility to check the Terms and Conditions regularly for any changes. Your continued use of the App following any changes shall be deemed to be your acceptance of such change.
The RadsBest application is designed for use by Physicians within the United States. Specifically it is designed for use by Physicians who are specialty trained in Diagnostic Radiology. If you are not a Physician you must discontinue use of this app and notify us at email@example.com to terminate your account. To use this service, you must establish an individual account using your mobile device and the online registration process or sign in with your existing RadsBest account information if you are already an account holder.
To the fullest extent permitted by law, the user agrees to indemnify, defend, and hold harmless Medocratic LLC and its officers, directors, employees, agents, and licensors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) (“claims”) that may at any time be incurred by any of them by reason of claims, suits, or proceedings arising from (i) the User’s use of the RadsBest application or the information contained within or the use of the RadsBest application or the information contained within by any other party authorized by the User or using the User’s credentials and (i) any breach by User of any representation, warranty, or duty hereunder.
ARBITRATION – Choice of forum and venue
Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in New York, NY by a single arbitrator in accordance with the American Arbitration Association (“AAA”) rules. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement or in Apples End User License Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party’s name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law.
NO MEDICAL ADVICE
The RadsBest Application is intended for use as medical education only and should not be construed as medical advice. The RadsBest Application is intended for Physicians from the United States only. Physicians who use the application assume full responsibility for appropriate use of the information available. Physicians should exercise their own clinical judgment as to the information provided by or through the application and confirm all information provided by or through the application with outside sources before basing any treatment or management on it.
The app provides the user a way to purchase RB Credits (“Credits”) within the app through iTunes App Store. These credits can be redeemed for virtual items within the application itself. Credits have no monetary value and do not constitute currency or property of any type. Credits cannot be redeemed for cash or transferred to another player. Credits are non-refundable and you are not entitled to a refund for unused Credits. To purchase Credits, follow the instructions contained on the Website. When you purchase Credits, you agree to pay taxes assessed on your purchase, if any.
From time to time, RadsBest may provide users with opportunities to earn Credits by completing various actions within the app. Opportunities include, but are not limited to: (i) downloading the application; (ii) using the application frequently; and (iii) other promotional opportunities offered to Users.
RadsBest reserves the right to modify, amend or revise the RB Credit Program and these Terms and Conditions. The amount of Credits required to redeem any virtual item may be substantially increased, any virtual item may be withdrawn, and restrictions on any virtual item or its redemption may be imposed by RadsBest or its designee in its sole discretion. RadsBest reserves the right, in its sole discretion, to determine and modify, at any time, the value of Credits and the amount of Credits that may be earned for any given activity.
All details and restrictions of the RB Credits not specified in these Terms and Conditions or on the Website will be determined by RadsBest in its sole discretion.
Credits have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, transferred, assigned or used to engage in any gambling activity. Any Credits obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void, and such Credits may be confiscated or cancelled. Credits must be redeemed in accordance with these Terms and Conditions. Credits will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Credits cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Credits, there are no refunds, returns or exchanges for additional Credits, cash, or other goods and services.
CANCELLATIONS AND REFUNDS
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
All in-app purchases made on the iTunes App Store are subject to Apple’s terms and conditions.
We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not be entitled to a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
CHANGE TO CONTENT OR ACCESS
We reserve the right to make changes to our products at any time. If we temporarily reduce or eliminate the charge for content or access that you paid for under different terms, you will not be entitled to a refund.
If any or all of our digital products are temporarily unavailable, you will not receive a refund.
MODIFICATIONS AND TERMINATIONS
RadsBest may modify any of these Terms and Conditions, including, but not limited to, the methods through which Credits can be earned, how Credits can be used, the types or “classes” of Credits available, and the conditions under which Credits may expire or be forfeited, at any time, with or without notice, even though these changes may affect a User’s ability to use the Credits that he/she has already earned or purchased. The RB Credit Program (“Program”) has no predetermined termination date and may continue until such time as RadsBest decides to terminate the Program. RadsBest may, in its sole discretion, modify or terminate the Program at any time, with notice on the Website and/or via email to the User’s email address currently on file with RadsBest for his/her Account.
Members may have an amount of time deemed reasonable by RadsBest in its sole discretion from the date Program termination is announced to use their remaining Credits. Any Credits remaining in a User’s account at the time of termination will be forfeited and no compensation will be provided. RadsBest may cancel your membership, cancel accumulated Credits, alter the amount of Credits in your account or suspend your user privileges at any time with immediate effect if RadsBest determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Credits, Credit usage or Credit redemption; or (e) engaged in any conduct or act that causes RadsBest to terminate or suspend your access to the app. RadsBest may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit RadsBest in its exercise of any legal or equitable rights or remedies.
RadsBest reserves the right to terminate the account of any User whose account becomes dormant. An account will be considered dormant if the user fails to log onto his or her account for six (6) months or with such regularity deemed sufficient by RadsBest and announced from time to time on the Website. RadsBest in its sole discretion may allow Users to prevent their Credits from expiring by following RadsBest’s instructions.
These terms of service were most recently updated on October 26, 2017.