Please read the following Website Terms of Service (“Terms of Service”) carefully. 

1. General Agreement. These Terms of Service apply to (a) your access to and use of any website maintained by Innovative Body Scan d/b/a/ Dragonfly or its affiliate (“Dragonfly” or “us”) to which these Terms of Service are attached, including www.dragonflyscan.com (collectively, the “Site”), (b) services provided by Dragonfly through the Site, and (c) all Materials (as defined in Section 8) and any other content contained therein (sections 1(a)-(c) collectively referred to as the “Services”).

Sub Article 1A: You have the option to agree or decline text messaging by checking the indicated box on the information page , you agree to receive text messages from Innovative Health & Wellness LLC d/b/a Dragonfly related to Imaging Services at the phone number provided above.  You may reply STOP to opt-out at any time.  Reply HELP for assistance.  Messages and data rates may apply.  Message frequency will vary.

Learn more about on our Privacy Policy Page and Terms & conditions

2. Provision of the Services. You understand and agree that the Services are provided “as-is” and that Dragonfly assumes no responsibility for the availability or functionality of the Services, or for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Note that collection and use of personal information in connection with the Services is described in our Privacy Policy.

Your use of the Services are subject to applicable regulations and other laws as well as the applicable product and/or service terms of any applicable third-party including the reading radiologist. Dragonfly does not offer any medical treatment or perform any clinical health services other than the coordination of magnetic resonance imaging scans for screening and other assessments (“Imaging Services”) at an available location. Dragonfly does not provide any medical advice. Certain Imaging Services available through our website require a valid prescription by a licensed healthcare provider. Depending on the results of your Imaging Service, you should contact your applicable health care provider for further advice, follow up, diagnoses, or treatment. We will share the results of your Imaging Services with third parties at your request and only as permitted by the Health Insurance Portability and Accountability Act (“HIPAA”). 

NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN DRAGONFLY AND AN INDIVIDUAL BY THE PROVISION OF SERVICES. THE PROFESSIONAL COMPONENT OF ANY OF THE SERVICES IS PERFORMED BY A THIRD PARTY INDEPENDENT CONTRACTOR AND NOT BY DRAGONFLY.  We do not control or interfere with the practice of medicine by any third-party. 

The Services are not intended or implied to be a substitute for professional medical diagnosis or treatment. You are encouraged to confirm any information or advice obtained from or through the Services with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other health care professional. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES.  IF YOU THINK YOU OR SOMEONE USING THE SERVICES MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY

Dragonfly is not enrolled with any federal or state healthcare payment programs (e.g., Medicare, Medicaid) with respect to the provision of any healthcare products or services, and, accordingly, neither you nor Dragonfly may receive payment from such programs for Services provided or made available by Dragonfly. By choosing to use the Services, you understand and agree that you are choosing to purchase healthcare products and services via Dragonfly and the Services on a self-pay basis, without any financial assistance from any federal or state healthcare payment program, and that you are solely responsible for the costs of such products and services. Moreover, Dragonfly shall not be obligated to submit a claim for reimbursement to any federal or state healthcare payment assistance program for the costs of Services. Dragonfly does not file insurance claims nor provide referrals to any physician group or hospital.

Dragonfly only arranges for Services in specific locations in the United States. Before scheduling a Service, please review the list of available locations to confirm your proximity to a location.

3. No Reproduction or Publication. Images, text, or other information posted or found on the Services are solely for use in connection with the Services in accordance with these Terms of Service and may not be used, reproduced, or published for any other purpose, commercial or otherwise, without the express written permission of Dragonfly and the owner of the images, text, or other information. 

4. Prohibited Conduct. You agree not to, directly or indirectly:  

a. use or access the Services (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;

b. conduct activities that may be harmful to others or that could damage Dragonfly’s reputation;

c. violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party privacy right or right of publicity;

d. post, upload, or distribute marketing or advertising links or content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

e. use scrapers, robots, or other data gathering devices not provided by Dragonfly on or through the Services;

f. interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Services, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;

g. interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;

h. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, or accessing any other services account without permission;

i. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Services or part thereof, or use, copy or reproduce the Services or any part thereof other than as expressly permitted in these Terms of Service or by applicable law (e.g., as to fair use under copyright law); or

j. attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.

5. Third-Party Services and Linked Websites. The Services may provide links to other websites or Internet resources. Dragonfly has no control over such websites and resources and is not responsible for the availability or content of such external websites or resources. Dragonfly shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource. 

6. Termination of Access and Use; Discontinuation and Modification of the Services. If you violate any provision of these Terms of Service, your permission from us to use the Services automatically terminates. In addition, Dragonfly may in its sole discretion terminate your access to the Services at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, with or without notice. 

7. Modification of these Terms of Service. We reserve the right to change these Terms of Service on a going-forward basis at any time. Please check these Terms of Service periodically for changes. If a change to these Terms of Service modifies any material user rights or obligations, we will endeavor to post notice of the modification on the Services for a reasonable period of time. Any disputes concerning or related to the Services will be resolved in accordance with the version of these Terms of Service that was in effect at the time the dispute arose. 

8. Ownership; Proprietary Rights. The Services are owned and operated by Dragonfly. The visual interfaces, graphics, other content, design, compilation, computer code (including source code or object code), products, software, information services, and all other elements of the Services (“Materials”) are protected by intellectual property and other laws. All Materials are the property of Dragonfly or its third-party licensors. Dragonfly reserves all rights in and to the Materials. 

9. Indemnity. To the fullest extent permitted by applicable law, you will defend and indemnify Dragonfly  and its affiliates, and their respective members, managers, officers, directors, employees, agents, representatives, licensors, and service providers from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of: (a) your access to or use of the Services; (b) your violation of these Terms of Service or any applicable law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right in connection with your use of the Services; (d) any dispute or issue between you and any third party concerning the Services; and (e) all claims pertaining to the Services or your use of the Services that arise from or allege negligence, fraud, or intentional misconduct committed by you or on your behalf. Without limiting the foregoing, we reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and, in that case, you agree to cooperate with our defense of that claim. 

10. Disclaimers; No Warranties. The information and guidance on or through the Services is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should consult your healthcare providers to rule out other potential illnesses or conditions that may be causing their symptoms.  Any health-related claims made on Dragonfly’s Services have not been evaluated by the Food and Drug Administration (FDA).  Dragonfly assumes no responsibility or liability for any errors or omissions in any Materials, content and content of the references nor for any actions taken in reliance thereon.

Materials, Content and other information contained on or provided through the Services are provided by Dragonfly as a convenience. Users relying on Materials, content or other information from Dragonfly do so at their own risk. Dragonfly does not make any representations or warranties about the Materials, content contained in the Services, any portion thereof, including any report, content or information generated therefrom. Dragonfly does not represent or guarantee that the Services describe the appropriate course of treatment for your particular health concern or condition. Reliance on any information provided through the Services is at your own risk, to the maximum extent permissible by Applicable Law. If you have any concerns or questions about your health related to the Services or otherwise, you should seek a consultation from another healthcare provider of your choosing separate and apart from the Dragonfly and the Services.

THE SERVICES AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND ANY MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DRAGONFLY DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. 

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW OR A DISCLAIMER OF OTHER WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

11. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS, OR ANY DELAY IN THE RECOVERY OF ANY DATA, INABILITY TO RECOVER ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR ANY OTHER PERSON OR ENTITY AGAINST WHICH LIABILITY IS ASSERTED) HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, INCLUDING AS SET FORTH IN THE “CONSUMER PROTECTION NOTICE” SECTION BELOW, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. 

EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF SERVICE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

12. Trademark Information. Dragonfly’s logos and product and service names are trademarks of Dragonfly and/or its affiliate. All rights in and to such trademarks are fully reserved by Dragonfly. You agree not to display or otherwise use any such trademarks in a manner that constitutes trademark infringement or unfair competition. 

13. Dispute Resolution; Venue; Class Action Waiver. In order to expedite and control the cost of disputes, you and Dragonfly agree that any legal or equitable claim, dispute, or controversy concerning or arising under these Terms of Service (referred to as a “Claim”) will be resolved as follows: 

a. Informal Resolution: You and Dragonfly will first attempt to resolve any Claim informally. In the event that any dispute between Dragonfly and you arises out of or concerns these Terms of Service, the applicability of these Terms of Service, to the use of the Services, or the breach or enforcement, interpretation, or validity of these Terms of Service, you and Dragonfly agree to try to promptly resolve any such dispute informally. To comply with this provision, please send a written notice describing any dispute to dragonflyscans3@gmail.com and communicate with us in a reasonable manner, while both parties engage in good faith attempts to resolve the dispute, for at least a two week period after we receive and acknowledge such notice. 

b. Formal Resolution: If you and Dragonfly are unable to informally resolve the Claim, you agree to submit the Claim to the exclusive jurisdiction of the state courts and federal courts located in Travis County, Texas for the purpose of litigating the Claim, and you hereby consent to the personal jurisdiction and venue thereof and waive all objections thereto.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (i) YOU AND DRAGONFLY AGREE THAT EACH MAY BRING CLAIMS CONCERNING OR RELATING TO THE SERVICES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, AND (ii) UNLESS BOTH YOU AND DRAGONFLY AGREE, NO JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS CONCERNING THE SERVICES OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING CONCERNING OR RELATING TO THE SERVICES.

14. Governing Law. These Terms of Service are governed by the laws of the State of Texas without regard to conflict of laws principles.

15. Limited Time to File Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms of Service shall be brought by you more than two (2) years after the accrual of the Claim. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

16. Contact Information[A1] . The Services are offered by Dragonfly. You may contact us by emailing us at dragonflyscans3@gmail.com, or writing to us at 2151 Forth Worth Avenue, Dallas, TX 75211. 

17. Consumer Protection Notice. Please note that, if you are a consumer, the limitations in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.

Moreover, all applicable consumer protection laws apply. For example, if you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. 

Also by way of example, if you are a New Jersey consumer, the terms in certain sections above may not limit or waive your rights under New Jersey law. The limitations in these Terms of Service are intended to be only as broad and inclusive as to a New Jersey resident as is permitted by the laws of the State of New Jersey. Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.  

18. General Information. The failure of Dragonfly to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give maximum effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service shall remain in full force and effect.

SMS

SMS Terms & Conditions

1- SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:

If you have consented to receive text messages from DragonFly, you may receive messages related to the following (provide specific examples):

·         Appointment reminders

·         Follow-up messages

·         customer care

Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. You can reply STOP to opt out of SMS messaging from (Brand Name) at any time.”

3- Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to 5 SMS messages per week related to your appointment reminders, customer care

Example:
“Message frequency may vary. You may receive up to 5 SMS messages per week regarding your appointments or account status.”

4- Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:

You may opt-in to receive SMS messages from DragonFly in the following manner:

·         By submitting an online form

6- Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7- Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at support@dragonflyscan.com

Additional Options:

·         If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8- Standard Messaging Disclosures:

·         Message and data rates may apply.

·         You can opt-out at any time by texting “STOP.”

·         For assistance, text “HELP” or visit our Privacy Policy and Terms Of Service pages.

·         Message frequency may vary