Imagester User Terms of Service Last Updated: November 18, 2025 BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. PLEASE REVIEW THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT IN SECTION 13. The following Imagester Terms of Service (“Terms”) are a legal, binding agreement between Imagester, LLC (“Imagester” “we,” “us,” or “our”) and you (“You,” “you,” “Your,” or “your”) and govern your access to and use of any and all products, features or services provided or made available by or on behalf of Imagester to you (collectively, “Services”). Any reference to Imagester will include any and all of its affiliates, parent companies and wholly owned subsidiaries. NONEXCLUSIVE RIGHT TO ACCESS SERVICES. Right to Access. Imagester hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Services via your Account. Imagester hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Content accessible via your Account solely for educational purposes. Your right to access and use the Service and Content is conditioned upon your compliance of all of your obligations in these Terms. Use Restrictions. You shall not, and you shall not permit or assist any party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Service or any underlying software; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service or any underlying software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Service; (iv) remove any proprietary notices or labels on the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or any underlying software or technology infrastructure; (vi) access the Service using any automated means (such as robots, botnets or scrapers); (vii) collect or harvest any information that might identify a person (for example, usernames or faces); (viii) remove, obscure, alter, or modify any watermark, proprietary notice, or other identifier that Imagester may place on or within any Services, Content, product, data, or content made available by or through Imagester; (ix) download, reproduce, distribute, display, modify, perform or use any images (DICOM format or otherwise)or other files, including without limitation metadata, tags and other information related to images, accessible by you via the Services (collectively “Content”) except as expressly set forth in Section 1.1; (x) download, reproduce, distribute, display, modify, perform or use any Content to develop any dataset; (xi) download, reproduce, distribute, display, modify, perform or use any images in connection with any artificial intelligence technologies; (xii) re-identify, or attempt to re-identify, any Content; (xiii) use the Services or Content for any diagnostic or clinical purposes or in connection with provision of medical services; or (xiv) circumvent any technological or security controls used in or in connection with the Services. Any attempt of the aforementioned is strictly prohibited and will be deemed a material breach of these Terms. Not Medical Advice; No CME/CE. The Services and any products provided by Imagester are provided for informational purposes only and are not intended to be, and do not constitute, the practice of medicine or the provision of medical advice, diagnosis, or treatment. You acknowledge and agree that the Services and products are not a substitute for professional medical judgment, and should not be relied upon as such. Imagester does not, through the Services or any product, offer medical advice or recommendations. Neither Imagester, nor access to or use of the Services, qualifies for any CME/CE or other continuing education credits or requirements. Noncommercial Use. You may not use the Service for commercial use. You may only use the Service solely for noncommercial educational use or your own personal noncommercial use, and you will not make the Service available to any third parties. Termination. Your rights to access and use the Service will terminate immediately if you fail to comply with these Terms or any other agreement between you and Imagester. Upon such termination, you must cease any further use of the Service without the express written consent of Imagester. ACCOUNT, PASSWORD, AND SECURITY. To register for the Service, you must complete the registration process by providing Imagester with current, complete and accurate information as prompted by the account creation process. You shall protect your passwords and take full responsibility for the use of your account. You are solely responsible for any and all activities that occur under your Account. “Account” refers to your unique account for the Service. You shall notify Imagester immediately upon learning of any unauthorized use of your Account or any other breach of security. From time to time, Imagester's support staff may access the Services under your customer account in order to maintain or improve the Services, including to provide you assistance with technical or billing issues. You hereby acknowledge and consent to such access. YOUR REPRESENTATIONS AND WARRANTIES. Compliance With Law. You represent and warrant that you will comply with all applicable laws and regulations in your use of and access to the Services. Representations and Warranties Regarding Access. You represent and warrant that your access to and use of the Service complies with all applicable laws and regulations, including those regarding online conduct and acceptable content. You further represent and warrant that you have the legal right and authority to access and use the Service under these Terms and that your activities on the Service will not violate any contractual obligations or rights of any third party. You shall not access or use the Service for any unlawful, unauthorized, or prohibited purposes as described in these Terms. Certifications. You represent and warrant that you are, and will at all times be, a board-certified radiologist in good standing, duly licensed and authorized to practice radiology in all jurisdictions in which you provide or contribute Content through the Service. You further represent and warrant that you will provide Imagester with valid documentation of your board certification and licensure upon request, and that you will immediately notify Imagester of any lapse in certification or licensure, or any disciplinary action or investigation affecting your status as a board-certified radiologist. Only board-certified radiologists are permitted to use the Service. For purposes of this provision, “board-certified” means holding current certification in radiology by the American Board of Radiology or by an equivalent certifying body recognized in the relevant jurisdiction. Contributor Agreement Requirement. As a condition to uploading, submitting, or contributing any content to the Service, you must have executed a valid and current Contributor Agreement with Imagester. No content may be uploaded, submitted, or contributed to the Service unless and until you have entered into such Contributor Agreement. Any content submitted in violation of this requirement will be removed by Imagester at its sole discretion. CONFIDENTIALITY. Definition. “Confidential Information” means, without limitation, any and all nonpublic or proprietary information, documentation, or knowledge concerning any of the following, as it pertains to Imagester: accounts and billings, business (past, present or future) information or activities, computer software or hardware, computer/software code(s) and coding, business or technical concepts, contemplated new products or services, contracts, customer lists and information, data analyses and compilations, designs, diagrams, discoveries, drawings, financial information, flow charts, forecasts, information systems data and materials, inventions, innovations, know how, marketing plans and information, physical or digital materials, methods, models, operations information and data, plans, business policies and procedures, price lists and policies, procedures, processes, product and service information, business programs, business records, research, sales data and documents, specifications, suppliers, systems, technical data, techniques, and trade secrets. All information furnished hereunder or made available in any manner pursuant to this confidentiality agreement is deemed confidential information whether or not identified as such. Exclusions. Confidential Information does not include that which (i) is or becomes part of the public domain other than as a result of disclosure by one of the parties; (ii) becomes available to you on a non-confidential basis from a source other than Imagester, provided that source is not bound with respect to that information by a confidentiality agreement with Imagester or is otherwise prohibited from transmitting that information by a contractual, legal or other obligation; or (iii) was already lawfully known by and was reduced to writing by you prior to your agreement to these terms and access to any Confidential Information or services, or any confidential discussions between the parties. In any dispute with respect to these exclusions, the burden of proof will be on the party claiming the exclusion applies and such proof will be by clear and convincing evidence. Disclosure. You will not use or disclose Confidential Information without Imagester's prior written consent except for the purpose of performing your obligations under these terms. If you are compelled to disclose Confidential Information by a court of competent jurisdiction, you shall give Imagester as much notice as is reasonably practicable prior to disclosing such information. Return. Upon termination or expiration of these terms, you will promptly either return or destroy (at Imagester's direction) all Confidential Information and, upon request, provide written certification of such. Use. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Imagester, and for any use or misuse of your account resulting from any third party using a password or user name issued to you. You shall immediately notify Imagester of any unauthorized use of your account or any other breach of security known to you. PRIVACY. Privacy. You hereby grant Imagester the worldwide, transferable, sublicensable, fully paid, royalty-free right and license to use, reproduce, distribute, display and modify Your Data (i) in connection with provision of the Services, (ii) as set forth in Imagester's Privacy Policy available at: https://pacsgaea.com/legal/privacy-policy, as may be amended from time to time, (iii) to improve the Services, and (iv) create Aggregated Statistics. “Your Data” means any and all data or information that (a) you upload to the Service or otherwise provide to Imagester via the Services or your Account, (b) is derived from your use of the Service, or (c) is collected by, or made available to, Imagester in connection with your use of the Service. Your Data may include personal data. You represent and warrant that: (1) Your Data does not and will not contain any Protected Health Information (as defined under HIPAA), including, without limitation, metadata, tags and burned-in identifiers that contain Protected Health Information; (2) You do and will at all times obtain and maintain all rights, licenses, permissions and consents necessary to disclose and make available Your Data to Imagester for all purposes contemplated under these Terms; (3) Your Data does not and will not contain any harmful computer code; and (4) Your Data does not, and will not, contain anything defamatory, libelous, obscene, harassing, violent, threatening, immoral, pornographic, indecent, false, deceptive, fraudulent, misleading or anything that promotes discrimination on the basis of race, color, national origin, religion, sex, gender, age, disability, sexual preference, pregnancy, familial status or veteran status or promotes illegal activity . Imagester has no obligation to provide any attribution to You in connection with Your Data. Imagester may remove Your Data from the Services at any time for any reason or no reason at Imagester's discretion. Contributed Content. Your Data may include Contributed Content, as defined in the Imagester Contributor Terms of Service available at https://pacsgaea.com/legal/contributor-terms-of-service “Contributor Terms”. If you provide or make available to Imagester or its Services Contributed Content, then you must agree to the Contributor Terms. With respect to Contributed Content, if there is any conflict or inconsistency between the terms of these Terms and the terms of the Contributor Terms, the terms of the Contributor Terms will control with respect to the applicable Contributed Content. Not A Covered Entity or Business Associate. You acknowledge and agree that Imagester is not a Covered Entity and is not a Business Associate (each as defined under HIPAA). You will comply with all applicable industry standards to guarantee that Your Data does not include any Protected Health Information and is fully anonymized and de-identified in accordance with all applicable industry standards. You will fully cooperate with all requests from Imagester in connection with anonymization and de-identification of Content; provided, however, Imagester has no obligations to ensure Your Data is fully anonymized and de-identified or provide you direction on how to achieve such anonymization and de-identification. Third-Party Advertisements. The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party's websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services. Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Imagester may monitor your use of the Service and collect and compile Aggregated Statistics. “Aggregated Statistics” means data and information related to your use of the Service that is used by Imagester in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service. As between Imagester and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Imagester. You acknowledge that Imagester may compile Aggregated Statistics based on Your Data. You agree that Imagester may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you. INDEMNIFICATION. Indemnity. To the maximum extent permitted under applicable law, you shall indemnify, hold harmless and defend Imagester and its officers, directors, employees, agents, affiliates, successors and assigns at your expense, for any and all claims, actions, proceedings, and suits brought against Imagester or any of its officers, directors, employees, agents, affiliates, successors or assigns, and all related liabilities, damages, losses, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses), whether direct or indirect, incurred by Imagester or any of its officers, directors, employees, agents or affiliates, arising out of, relating to, alleging or based upon: your breach of any term or condition of these Terms; your use of, or activities in connection with, the Service; your violation of any applicable law, rule or regulation; any inaccuracy in or breach of your representations or warranties made by you under these Terms; any third-party claims or demands relating to your use of the Service, Your Data (including, without limitation, claims for alleged infringement of intellectual property rights, privacy violations, or data breach), or actions or omissions of you or parties acting on your behalf; any violation of any data privacy or security obligation, including, without limitation, HIPAA or other applicable law or regulation; any acts or omissions of third parties in connection with the Service; any loss, damage, or cost caused by the submission, transmission, or display of Your Data through the Service; or any claim that Your Data is or contains any Protected Health Information (as defined under HIPAA). Procedure. Your obligations under this Section apply regardless of the legal theory asserted or the nature of the relief sought, survive any termination or expiration of these Terms, and are not contingent upon strict compliance by Imagester with any notification or cooperation requirements, provided that Imagester uses reasonable efforts to notify you of any claim or demand subject to indemnification. You will promptly advance and pay any costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with the defense of any indemnified claim, as and when incurred. You may not settle any claim or demand subject to indemnification without Imagester's prior written consent if such settlement imposes any obligation, admission, or liability upon, or otherwise adversely affects, any Indemnified Party. INTELLECTUAL PROPERTY. Definition of Intellectual Property. For purposes of these Terms “Intellectual Property” will mean, without limitation: business information, business methods, codes and coding methods, compilations, copyrightable works, designs, developments, discoveries, drawings, engineering, formulas, hardware configuration information, improvements, innovations, inventions, machines, original works of authorship, processes, products, service marks, software, technical data, technology, trade dress, trade secrets, trademarks, and writings, together with all rights, applications, registrations, renewals, and extensions relating thereto. Ownership. All Intellectual Property rights in the Service and any other related services or products under these Terms, belong to Imagester. The rights in the Intellectual Property include, but are not limited to: all rights under U.S. and foreign trademark, trade secret, patent and copyright laws; all reproduction, performance, display and distribution rights; the right to modify, distort or alter; the right to produce derivative works; and all so-called moral rights. You agree that any derivative works, modifications, or improvements you create using or based on the Service will be the sole property of Imagester, and you will, at Imagester's request and at its expense, execute all documents and take all actions necessary to vest ownership of such derivative works in Imagester. Intellectual Property is deemed Confidential Information. No Implied Licenses. Except for the limited, revocable rights to access and use the Service expressly set forth in these Terms, no right or license is granted under these Terms by or on behalf of Imagester to or under any Intellectual Property or intellectual property right, whether by express grant, implication, estoppel or otherwise. You shall promptly notify Imagester in writing upon becoming aware of any actual or threatened infringement or misuse of Imagester's Intellectual Property. In the event of any actual or threatened breach of Imagester's Intellectual Property rights, you acknowledge that Imagester will be entitled to seek injunctive or other equitable relief without the necessity of posting bond. Feedback. You hereby grant Imagester a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) you communicate to Imagester, without compensation, without any obligation to report on such use, and without any other restriction. Imagester's rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property. Feedback is deemed to be Confidential Information and not your confidential information or trade secret. “Feedback” refers to any suggestion or idea for modifying any of Imagester's products, goods, services, software or technologies. DISCLAIMER OF WARRANTIES. Changes. Imagester is constantly changing and improving the Service. As part of this continual evolution, Imagester may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. Imagester may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of Imagester systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Errors. Imagester does not represent or warrant that the Service will be uninterrupted or error- free, that defects will be corrected, or that the Service or any other software used in connection with the Service are free of viruses or other harmful components. Imagester does not warrant or represent that the use of the Service will be correct, accurate, timely or otherwise reliable. Your Data. You specifically agree that Imagester will not be responsible for unauthorized access to or alteration of Your Data by third parties. As-Is. The Service is provided “as is” and there are no warranties, claims or representations made by Imagester either express, implied, or statutory, with respect to the Service, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Imagester does not warrant the Service will meet your needs or be free from errors, or that the operation of the service will be uninterrupted. You are solely and exclusively responsible for Your educational use of the Services. Imagester hereby disclaims any and all representations and warranties in connection with accuracy of Content or any related annotations, labels or comments. Basis of Bargain. The foregoing exclusions and disclaimers are an essential part of these Terms and formed the basis for determining the price charged for the Service. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you. Third-Party Products. Imagester may from time to time make Third-Party Products available to you. “Third-Party Products” means any services, software or technology provided or made available to you that is owned by a third party and subject to its own terms and conditions as required by the owner of such services, software or technology. Such Third-Party Products are subject to their own terms and conditions and the applicable flow-through provisions. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you shall not install, access or use such Third-Party Products. The Service may contain links to third-party websites and online services that are not owned or controlled by Imagester. Imagester has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; Imagester suggests you read the terms and privacy policy of each third-party website and online service that you visit. LIMITATION OF LIABILITY. CONSEQUENTIAL DAMAGES. IMAGESTER WILL NOT BE LIABLE TO YOU OR ANY USER OR THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE, THE UNDERLYING SOFTWARE, THESE TERMS OR ANY TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF IMAGESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH WILL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. LIMITATION OF DAMAGES. IMAGESTER'S AND ITS AFFILIATES' TOTAL CUMULATIVE LIABILITY TO YOU, YOUR AFFILIATES AND ANY AND ALL THIRD PARTIES ARISING OUT OF OR RELATING TO THE SERVICE, THE UNDERLYING SOFTWARE, THESE TERMS OR ANY TRANSACTIONS CONTEMPLATED UNDER THESE TERMS WILL NOT, IN THE AGGREGATE, EXCEED THE GREATER OF U.S. $500 AND THE AMOUNTS ACTUALLY PAID BY YOU TO IMAGESTER FOR THE SERVICE IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT CAUSING THE DAMAGE RELATING TO YOUR FIRST CLAIM MADE AGAINST IMAGESTER UNDER THESE TERMS. THE FOREGOING IS AN AGGREGATE CAP AND NOT A PER CLAIM, PER INCIDENT OR PER LIABILITY CATEGORY CAP. NO RELIANCE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN ENTERING INTO THESE TERMS YOU HAVE NOT RELIED AND ARE NOT RELYING ON ANY REPRESENTATIONS, WARRANTIES OR OTHER STATEMENTS WHATSOEVER, WHETHER WRITTEN OR ORAL (FROM OR BY IMAGESTER OR ANY OF ITS AFFILIATES OR REPRESENTATIVES) OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND THAT YOU WILL NOT HAVE ANY RIGHT OR REMEDY ARISING OUT OF ANY REPRESENTATION, WARRANTY OR OTHER STATEMENT NOT EXPRESSLY SET FORTH IN THESE TERMS. YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL, BARGAINED FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. SERVICE LEVELS. Imagester does not guarantee the Service will be operable for any specific period of time. Imagester does not guarantee that the Service will be operable during any down time: (i) caused by outages to any public Internet backbones, networks or servers; (ii) caused by your failure to use the Service in accordance with these Terms; (iii) caused by any failures of your equipment, systems or local access services; (iv) for previously scheduled maintenance; or (v) relating to events beyond Imagester's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Imagester or your servers are located or co-located. TERM AND TERMINATION. Term. These Terms shall commence upon your use of the Service and shall continue for as long as the Service is provided or until termination. Imagester may suspend or terminate your access to or use of the Service at any time, for any reason or no reason, and with or without notice. Effect of Termination. Upon any termination or expiration of these Terms, Imagester will cease providing the Service to you and any and all rights granted to you under these Terms shall cease. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the term will be immediately due and payable in full. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES. Imagester reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the Service, at any time, by posting the modified agreement to pacsgaea.com (or any of its subdomains). You are responsible for regularly reviewing the policy. No amendment to or modification of these Terms will be binding unless (i) in writing and signed by a duly authorized representative of Imagester, (ii) you accept updated terms online, or (iii) you continue to use the Service after Imagester has posted updates to these Terms at pacsgaea.com. Your use of the Service after Imagester has posted updates to these Terms will constitute your acceptance of any revised terms and conditions. If you object to any change to these Terms made by Imagester in accordance with this section, you should immediately cease use of the Services. DISPUTE RESOLUTION. Choice of Law and Venue. These Terms will be governed by and construed under the laws of the state of Nebraska without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Subject to Sections 13.2 - 13.8, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Nebraska. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Rights to Litigate. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. Mandatory Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND IMAGESTER ARISING FROM OR RELATING IN ANY WAY TO THE SERVICE, THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREIN, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. AAA Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 13. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will take place in Omaha, Nebraska. Arbitrator Authority. 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. Class Action Waiver. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR IMAGESTER 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. Arbitration Agreement Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. Exceptions. Notwithstanding anything to the contrary herein, you and Imagester: (i) may still bring an individual action in small claims court; (ii) may still pursue an enforcement action through a federal, state, or local agency if that action is available; and (iii) may file suit in court of competent jurisdiction in connection with Imagester's claim that You are infringing or misappropriating intellectual property rights or accessing or using the Service in violation of these Terms. Also, nothing in this Section 13 bars either of us from bringing issues to the attention of federal, state, or local agencies. MISCELLANEOUS. Force Majeure. Imagester shall be excused from performance hereunder if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, but not limited to, labor disputes (whether involving the workforce of Imagester or any other party), strikes, lockouts, shortages of or inability to obtain labor, failure of a utility service or telecommunications network, breakdown of plant or machinery, default of suppliers or subcontractors, war, pandemic, epidemic, COVID-19 or its variants, terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, act of God, fire, flood or storm (each, a “Force Majeure Event”). Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersede all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Notwithstanding any language to the contrary therein, no terms or conditions stated in a purchase order, vendor onboarding process or web portal, or any other documentation authored and/or provided by you (excluding documents authored by Imagester) will be incorporated into or form any part of these Terms unless agreed to by an authorized representative of Imagester in writing, and all such terms or conditions will be null and void. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Headings. Section headings are not to be considered part of these Terms nor are they intended to be a full or accurate description of the contents. Notices; DMCA Agent. Any notices to Imagester must be sent to: radiology@pacsgaea.com. Please send DMCA takedown notices to the same email address with “DMCA” in the subject line. Waiver. A waiver of any right(s) is not a continuing waiver of that or any other right(s). Assignment and Relationship. You may not assign or otherwise transfer any of your rights or obligations hereunder without Imagester's prior written consent, and any such attempt is null and void. Imagester may assign, pledge or otherwise transfer (whether by operation of law, acquisition or sale of stock or assets, merger, consolidation, transfer of control or otherwise) or subcontract its rights and obligations under these Terms without the prior written consent of you. The relationship between Imagester and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Survival. The following sections of these Terms will survive any termination or expiration of these Terms: 1.2-1.4 (inclusive), 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, and 14. [remainder of document intentionally left blank]