Terms and Conditions

TrueScan MRI LLC (“TrueScan”, “we”, “our” or “us”) owns and operates the TrueScan website at www.truescanmri.com (the “Site”), related technologies, and provides the services described in more detail below (collectively, the "Services").These Terms of Use (“Terms”) govern your use of the Services and certain other services described in these Terms that are made available through the Services. The Services do not replace your relationship with any physician.

Introduction

These Terms limit the remedies available to you in case of specific disputes and include a mandatory arbitration clause that requires arbitration on an individual basis, rather than through a lawsuit.This means that (a) you are giving up, and you waive, the right to have any such dispute decided in a court of law before a judge or a jury (except as set forth expressly in Section 15), and (b) that you are giving up, and you waive, the ability to pursue any such dispute in a class, consolidated, or representative action or proceeding. Please visit sections 12, 13, 14, and 15 for more information.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, OR SIMILAR, OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 17.

1. Our Services

The Services allow customers to (i) obtain magnetic resonance imaging scans or other medical assessments (“Imaging Services”), and (ii) receive other products or services. The Services may include administrative support for communicating, scheduling, and payment processing for healthcare services. By using our Services, you accept full responsibility for your use and agree that we are not liable for any loss, expense, claim, or damage resulting from your use of the Services.

2. Important Disclaimers and Notices

Your Relationship with TrueScan. TrueScan does not provide primary care services. For questions regarding your personal health or medical conditions, always contact your regular healthcare provider directly. The decision to focus on medical advice, follow-up, diagnoses, or treatment lies with you and your healthcare provider. You understand that by coordinating and consulting with TrueScan or its healthcare providers through the Services, you are not entering into a provider-patient relationship with TrueScan.  

Excluding communications related to your specific health and wellness that you receive from TrueScan, its affiliates, or its healthcare providers, THE INFORMATION AND OTHER MATERIAL ACCESSIBLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING MEDICAL QUESTIONS YOU HAVE BEFORE MAKING HEALTHCARE DECISIONS. DO NOT USE OUR SERVICES FOR MEDICAL EMERGENCIES. IF YOU SUSPECT A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY CONTACT NUMBER (I.E., 911) IMMEDIATELY. NEVER DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR IGNORE SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH THE SERVICES. 

Notice of Your Financial Responsibility. TrueScan operates on a cash-pay basis only. We do not accept commercial health insurance plans, participate in any insurance networks, and are not enrolled in federal or state healthcare programs like Medicare or Medicaid. By using our Services, you agree to pay for all products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state healthcare program. You acknowledge and agree that you are solely responsible for all costs associated with any products or services provided to you. If you're a federal health program beneficiary, you agree that neither you, TrueScan, nor any third-party healthcare provider will seek reimbursement from any federal or state healthcare program for services or products provided through our Services.Please refer to Section 5 for additional information about your payment obligations.

3. Account Creation and Security

To access the Services, you may need to establish a user account. You agree to provide complete, accurate information during the registration process and to keep such information updated as necessary to ensure that it remains accurate, complete, and up-to-date. When creating your account, you will be asked to create a username and password. When you create your account, you will be asked to create a username and password, which you are exclusively responsible for protecting. You agree not to disclose your username or password to any third party, and you agree to promptly alert us at hello@truescanmri.com if you detect or suspect unauthorized account access. You further agree that you will be exclusively responsible for any and all actions on or in connection to your account, whether or not you authorized such activities or actions. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Service using your username, password, or other security information. TrueScan will not be liable for any loss or damage arising from your failure to adhere to these requirements. We retain the authority to deactivate any username, password, or other identifier—whether selected by you or assigned by us—at any time, at our sole discretion, with or without cause, including if, in our opinion, you have violated any provision of these Terms.

4. Privacy Policy

For details on how we collect, use, and share data related to our Services, review our Privacy Policy at www.truescanmri.com/privacy-policy.

5. Payment

You agree to pay all fees for Services at the rates and according to the payment terms presented during transactions. If you contest any charges, you must inform TrueScan in writing within thirty (30) days of being billed. TrueScan may, at its sole discretion, offer credits or refunds on a case-by-case basis.

By providing a payment method acceptable to us ("Payment Method"), you explicitly authorize us (or our service provider) to charge the total amount due, including applicable taxes (collectively, a "Purchase"). Credit and other card transactions are processed by a third-party payment processor, and you agree to adhere to their payment terms. Our current processor is Stripe, whose privacy policy is available at www.stripe.com/privacy.

You acknowledge and agree that you are responsible for all fees related to healthcare services. Healthcare services not provided by us may not be included in payments collected by TrueScan, and you may be separately billed by the third-party healthcare organization(s) or provider(s) for such services.

If your Payment Method is unverifiable, invalid, or unacceptable, your Purchase may be suspended or canceled. You must resolve any payment issues before we can process your Purchase. If a payment fails to settle and you don't update your Payment Method information or cancel your Purchase or account, you remain liable for any uncollected amounts and authorize us to continue billing the Payment Method, including any updates to it.

Third-Party Financing. If you are approved for third-party financing for certain services, payment processing services for any fees owed by you will be provided by such third-party financing companies, which may include Affirm and their affiliates (“Financing Providers”). You'll remit payment through the applicable Financing Providers, adhering to their terms and conditions. Currently, the Affirm Terms and Conditions are located at https://www.affirm.com/terms. For additional information, please contact the relevant Financing Provider directly. Any fees you owe related to the Services will be processed by these Financing Providers. By accepting these Terms of Service or continuing to utilize the Services, you're agreeing to be bound by the Financing Provider's Terms, including any future modifications they may make.

6. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. TrueScan reserves the right to investigate and take legal action, to the maximum extent permitted by law, against anyone who, in TrueScan’s sole judgment, violates this provision.

You agree not to use the Services to:

  • Violate any applicable Law
  • Infringe on any intellectual property or other proprietary rights of any party
  • Create or pose privacy or security risks to any party
  • Send, upload, download, knowingly receive, use, or re-use any material that is (i) illegal, offensive, tortious, abusive, harmful, harassing, excessively violent, pornographic, threatening, defamatory, invasive of another’s privacy, hateful racially or otherwise objectionable; (ii) false, misleading, or otherwise deceptive; (iii) in the sole judgment of TrueScan, may expose TrueScan or its users to harm or liability of any type. 
  • Transmit viruses or any other code, programs, or files intended to impede, destroy or limit the functionality of any telecommunications equipment or computer software or hardware. 
  • Interfere with, gain unauthorized access to, or disrupt the Service or its associated servers or networks, or disobey or violate any protocols, policies, or rules governing the networks connected to the Service. 
  • Impersonate any person or entity 
  • Falsely misrepresent your affiliation with a person or entity
  • Transmit advertising or promotional content. 
  • Monetize the Service Content through advertising or other means 
  • Promote or engage in any criminal activity or enterprise 
  • Engage in or use any robots, scraping tools, data mining or similar data extraction methods. If TrueScan blocks you from accessing the Service, you agree to not take any actions to circumvent such blocking. 
  • Use the Services in any way that could overburden, interfere with, disable, or damage the Services or any other party’s use of the Services. 
  • Engage in any conduct that restricts or interferes with any party’s use or enjoyment of the Services, or in the sole judgment of TrueScan, may harm or expose TrueScan or any other party to liability. 
  • Use any process to monitor, copy, or alter any of the Service Content or material on the Services, or for any other purpose not expressly authorized in these Terms without TrueScan’s prior written consent. 

7. User Content and Feedback

You represent, guarantee, and consent that any information or data you provide via the Services, whether through direct input, submission, email, or other means, including but not limited to data, inquiries, remarks, forum communications, or suggestions (collectively, "User Content"), does not:

  1. Infringe on any third party's rights, including copyright, trademark, privacy, publicity, or other personal, intellectual property, or proprietary rights
  2. Breach or conflict with any obligations, such as confidentiality agreements
  3. Contain defamatory, libelous, or illegal material

You recognize, represent, and agree that User Content is voluntarily submitted and is neither confidential nor proprietary. Furthermore, you acknowledge that submitting User Content does not establish any relationship between you and us. You hereby grant to TrueScan, its service providers, successors, and assigns a fully transferable and sublicensable permission and license to utilize, duplicate, modify, examine, perform, display, transmit, otherwise disclose to third parties, including, to provide Services to you, market Services to you, conduct research and analysis of data, operate our business, and design, develop, implement, modify, and/or enhance current or future products, features, and services

You represent and warrant that you have the rights required to grant the rights in this Section 8 and that TrueScan’s use of User Content does not violate any laws. You acknowledge that any User Content you share in public forums may be visible and replicable by other forum users and potentially the general public. 

8. Ownership and License to Use the Services

Ownership: Between TrueScan and you, TrueScan is the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all software, information, text, images, displays, audio, video, design, and look and feel) (the “Service Content”), and any associated patents, copyrights, or other protected or unprotected intellectual property rights.
You have no rights in or to the Service Content or Services, and you will not use, reproduce, transmit, distribute, modify, disassemble, assign, license, sublicense, publicly perform, publicly display, publish, republish, copy, download, store, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or part, any of the Services or Service Content, except as permitted under these Terms. No other use is permitted without our prior written consent, and any use of the Services or the Service Content other than as specifically authorized herein is strictly forbidden. TrueScan or its licensors retain exclusive ownership of any copy, alteration, improvement, adaptation, translation, or derivative creation based on the Services or Services Content, including all associated intellectual property rights.You may not access or use the Service Content or Services in any way for any commercial purpose. 

Certain names, logos, and other content displayed in and through the Services may be protected as trademarks, service marks, brand names, or logos (“Marks”) owned by TrueScan or its affiliates. You are prohibited from utilizing these Marks without TrueScan’s explicit written authorization. Ownership of all such Marks and the goodwill associated therewith belongs to Truescan or its affiliates.

Your License: Subject to your adherence to these Terms, we extend to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and utilize the Services and Services Content, limited to personal, non-commercial purposes and only as permitted by these Terms. This right does not convey any other right, title, or interest in or to the Services or Service Content, and all rights not explicitly granted herein are reserved by TrueScan or its licensors. 

9. Third Party Materials and Linked Services

The Services may offer access to external websites, information, products, services, and other content provided by third parties ("Third Party Materials"). Please note:

  1. We bear no responsibility for Third Party Materials, including their truthfulness, usefulness, validity, timeliness, reliability, quality, integrity, completeness, legality, safety, or associated intellectual property rights.
  2. The presence of Third Party Materials through our Services does not constitute an endorsement by TrueScan, nor does it imply any affiliation with the third-party providers.
  3. We are not obligated to monitor Third Party Materials and may block or restrict access to any such content through our Services at our sole discretion.
  4. Your use of Third Party Materials is at your own risk and subject to any additional terms, conditions, and policies associated with the Third-Party Materials. 

10. Consent to Electronic Communications

By providing your email address or phone number, you agree to receive electronic communications from TrueScan and its affiliates via the Services or other means (e.g., email, text message, or Service notifications). These communications may include:

  1. Payment authorizations
  2. Password changes
  3. Other transactional or administrative details

You agree that any notices, agreements, disclosures, or other communications sent electronically through the Services fulfill legal communication requirements, including but not limited to the need for written communication. We advise you to keep copies of these communications by printing or saving them electronically. We may also send promotional content via email, such as newsletters, special offers, surveys, and other information we believe may interest you. You can opt out of these promotional emails at any time using the unsubscribe instructions provided in each message.

11. Termination

TrueScan, in its sole discretion, reserves the right to terminate or suspend your access to the Services without prior notification for any reason, including, but not limited to, instances where we determine you have violated or acted inconsistently with the letter or spirit of these Terms. In the event of termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to intellectual property stipulations, warranty disclaimers, limitations of liability, and indemnity. 

12. No Representations or Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU RECOGNIZE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUESCAN AND ITS AFFILIATES AND EACH OF ITS RESPECTIVE OFFICERS, MANAGERS, SHAREHOLDERS, DIRECTORS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF INFORMATION, FREEDOM FROM MALWARE OR VIRUSES, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE DO NO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TRUESCAN NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR ASSESSING THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICE CONTENT, AND USER CONTENT. MOREOVER, TRUESCAN DOES NOT GUARANTEE UNINTERRUPTED SERVICE OR FREEDOM FROM ERROR, CORRUPTION, LOSS, OPERATIONAL DELAYS, DEFECTS, CYBER ATTACKS, VIRUSES, INTERFERENCE, MALWARE, HACKING, OR OTHER SECURITY INTRUSIONS, AND TRUESCAN DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ELECTRONIC DEVICE OR DATA LOSS THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

13. Limitation of Liability

YOU ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL TRUESCAN, ITS RELATED PERSONS OR LICENSORS BE HELD RESPONSIBLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, EXPENSES OR DAMAGES UNDER ANY EQUITABLE OR LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, CONTRACT, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER SPECIAL CATEGORY OF DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE DISRUPTION, ELECTRONIC DEVICE DAMAGE, OR SYSTEM MALFUNCTION, OR THE EXPENSE OF REPLACEMENT PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY HARM OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICE CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR CONNECTED TO YOUR USE OF THE SERVICES. THIS HOLDS TRUE EVEN IF TRUESCAN OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

UNDER NO CIRCUMSTANCES SHALL TRUESCAN OR ITS RELATED PERSONS’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER ARISING FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY) SURPASS IN THE AGGREGATE, THE GREATER OF (I) TWO HUNDRED DOLLARS ($200), OR (II) THE TOTAL AMOUNT YOU PAID, IF ANY, FOR USING THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THIS RELEVANT CLAIM. 

SOME LEGAL JURISDICTIONS DISALLOW THE OMISSION OF PARTICULAR WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AS DESCRIBED HEREIN. AS A RESULT, CERTAIN LIMITATIONS OUTLINED MAY NOT BE WHOLLY APPLICABLE TO YOU. HOWEVER, IF YOU RESIDE IN A U.S. STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THE LIMITATIONS DETAILED IN THIS SECTION ARE FULLY ENFORCEABLE AND EXPLICITLY PERTAIN TO YOU.

14. Indemnification

You agree to defend, indemnify and hold harmless TrueScan, its affiliates, its subsidiaries, and all of its directors, partners, principals, employees, officers, representatives, contractors, suppliers, licensors, proprietors, shareholders, agents, predecessors, successors, assigns, accountants, and attorneys from any and all third-party suits, proceedings, claims, actions,  damages, judgments, settlements, injuries, liabilities, losses, obligations, risks, and expenses (including, but not limited to, reasonable attorneys' fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your usage of the Services, or your utilization of the Service Content or other materials or features available throuugh the Services, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms. TrueScan holds the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the settlement and defense settlement of such matter.

15. Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO RESOLVE ALL DISPUTES BETWEEN YOU AND TRUESCAN ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, LIMITS THE MATTER IN WHICH YOU CAN SEEK RELIEF FROM TRUESCAN, AND LIMITS THE TIME IN WHICH A CLAIM MAY BE BROUGHT. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU AND TRUESCAN ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO MAINTAIN OR PARTICIPATE IN A CLASS ACTION LAWSUIT.  

Governing Law. These Terms and your use of the Services shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth herein, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Pinellas County, Florida and you consent to the jurisdiction of those courts.

Scope of Arbitration. 

Except as described in the “Exceptions” section below, you agree that any and all disputes or claims that have arisen or may arise between you and TrueScan or that relate to these Terms, the Services, or communications from us, including but not limited to federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal or equitable theory, shall be resolved exclusively through final and binding individual arbitration, regardless of whether a claim arises after the termination of these Terms, and regardless of whether a claim arises before or after the effective date of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although TrueScan and you agree to arbitrate most disputes, nothing in these Terms will be deemed to waive, prevent, or otherwise limit the right of either party to: (i) pursue an individual action in small claims court; (ii) file suit in a court of law to address an intellectual property infringement claim; or (iii) seek injunctive relief in a court of law in a state or federal court in Pinellas County, Florida.

Arbitrator. This arbitration agreement, and any arbitration between us, is governed by the Federal Arbitration Act (“FAA”) in all respects and will be administered by the American Arbitration Association (“AAA”) under its rules and procedures (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules are available at https://www.adr.org/Rules. 

Commencement of Arbitration. Before commencing arbitration, a party must first send a written notice to the other party by certified U.S. Mail or, only if that other party has not provided a current physical address, then by electronic mail (“Arbitration Notice”) to:
TrueScan, Attn: Legal Department, 5015 4th St N. St. Petersburg, Florida 33703.
A copy of all Arbitration Notice must also be sent to TrueScan via email to hello@truescanmri.com. The Arbitration Notice must include: (i) the name of the party initiating the claim; (ii) a description of the claim or dispute's nature and basis; and (iii) the specific relief sought (“Demand”). The parties will attempt in good faith to resolve the claim directly. If no agreement is reached within 30 days of receiving the Arbitration Notice, either you or TrueScan may initiate an arbitration proceeding.

If you initiate arbitration in accordance with these Terms, TrueScan will reimburse your filing fee, except when:

  • Your claim exceeds US$10,000, or
  • TrueScan has received 25 or more similar arbitration demands

In these cases, fee payment will be determined by AAA Rules.

If the arbitrator determines that either the claim's substance or the relief sought in the Demand is frivolous or brought for improper purpose (as per Federal Rule of Civil Procedure 11(b) standards), AAA Rules will govern all fee payments, and TrueScan may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings.
The arbitration hearing will occur in the county and state of your billing address, unless mutually agreed otherwise. For claims of US$10,000 or less (excluding injunctive relief), you may choose the arbitration format:

(a) based solely on submitted documents to the arbitrator; 

(b) via telephone or video conference; or 

(c) by an in-person hearing as per AAA Rules in your billing address's county (or parish)

During the arbitration, any settlement offers made by either party must remain undisclosed to the arbitrator until after a final decision and award (if any) are made.Regardless of the arbitration method, the arbitrator must provide a reasoned written decision that adequately explains the fundamental findings and conclusions supporting the decision and any award.


Arbitration Relief. The arbitrator has the authority to grant any remedy or relief that would be available if the dispute were resolved in a court with proper jurisdiction, with the exceptions outlined in the "No Class Actions" section below. The arbitrator's award shall be final and binding on all parties involved. Any court with appropriate jurisdiction may enter judgment based on the arbitrator's award.

Waiver of Class or Consolidated Actions. YOU AND TRUESCAN AGREE THAT EACH PARTY MAY BRING CLAIMS AND DISPUTES AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON EXCEPT AS SET FORTH IN THESE TERMS. 

One Year Limitation Period. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR TRUESCAN WANT TO COMMENCE A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS, THEN YOU OR TRUESCAN MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A WRITTEN NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES; OTHERWISE, IT WILL BE FOREVER BARRED AND MAY NOT BE PURSUED AGAINST TRUESCAN, EITHER IN ARBITRATION OR A COURT. 

Severability. 

These Terms are enforceable to the fullest extent allowed by law. If any part of this agreement is deemed unenforceable, TrueScan and you agree to replace it with terms that most closely match the intent of the part that cannot be enforced. The invalidity of any portion of these Terms does not impact the validity and enforceability of the remainder of the provisions. Section headings are included only for convenience and carry no legal weight.

16. Note to International Users

TrueScan, a U.S.-based company, controls the Services. We do not claim that our Services or Service Content are suitable or accessible for use outside the United States. It is forbidden to access the Services from locations where such content is illegal. Users who access the Site from outside the United States do so voluntarily and must comply with their local laws.

17. Updates to the Terms and the Services

TrueScan, in its sole discretion, may update these Terms at any time without prior notice. You should review the Terms regularly when using the Services. Changes are effective immediately upon posting, unless any applicable law requires otherwise. If you disagree with the Terms, your sole and exclusive remedy is to stop using the Services. Continued use constitutes your acceptance of any changes.

You understand and agree that:

  1. The Services may be partially or fully inaccessible at any time for any reason; and
  2. TrueScan is not responsible for any Service unavailability at any time.

TrueScan reserves the right to modify or discontinue the Services or any portion thereof, temporarily or permanently, with or without notice. You agree that TrueScan is not liable to you or any party for such changes or discontinuation.

18. Miscellaneous Terms

No waiver. No waiver by TrueScan of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If TrueScan fails to assert a right or provision under these Terms, it shall not constitute a waiver of such right or provision. 

Assignment. You cannot assign your rights under these Terms to anyone else. Any attempt to do so will be null and void. TrueScan and its affiliates, in their sole discretion, may transfer their rights and obligations under these Terms without your consent or notification if TrueScan’s business is wholly or partially transferred to another entity through merger, asset sale, or other means.

No agency relationship. These Terms, Service Content, materials, and features do not create any partnership, employment, joint venture, or agency relationship between you and TrueScan. You are not authorized to make contracts on our behalf or bind us in any way.

Section Headings. Section headings in this document are for convenience only and do not affect the meaning or interpretation of any provisions.

Remedies. You acknowledge and agree that violating or threatening to violate these Terms is an unfair business practice that causes us unquantifiable and irreparable harm. You agree that financial compensation alone wouldn't suffice, and you consent to our pursuit of injunctive or equitable relief as we deem necessary. These measures are in addition to any other legal remedies available to us.

Entire Agreement. This is the entire agreement between you and TrueScan in connection with the content herein and supersedes all previous communications, understandings, representations, and agreements, either oral or written, between the parties with respect to said content, not including any other agreements that you may have with TrueScan.

Notice for California Residents. If you are a California resident, you waive your rights under California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This waiver includes claims related to criminal acts of others.

19. Contact

For questions or comments about these Terms, please contact us by written correspondence to 5015 4th St N. St. Petersburg, Florida 33703 or send us an email at hello@truescanmri.com

Effective Date: July 7, 2024

Last Updated: July 7, 2024