Terms of Use
These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, Desert Peak Imaging, LLC (“Desert Peak”), a Utah limited liability company, and the imaging centers operated by Desert Peak. The laws of Utah govern this agreement. If a court finds that a provision of this agreement is invalid or unenforceable, that provision will be limited, as the court requires, and the rest of the agreement will remain in effect.
If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and Desert Peak. Terms such as “we” or “our” refer to Desert Peak and its affiliate entities.
By using this website, you agree to the most recent Terms as well as the most-recent version of our Privacy Policies. We may change these Terms at anytime, and such changes will be posted on this or a similar page of this website. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms. By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by Desert Peak at any time, and that Desert Peak may use the results of such monitoring without limitation, subject to applicable law. If you enter into any other agreement with Desert Peak, for example regarding health plan coverage, then these Terms are in addition to the terms of such other agreement.
Effective Date
The Effective Date of these Terms is September 1, 2021.
Website Content
The information and content (collectively, “Content”) on this website is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals.
The Content on this website should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this website and should seek appropriate emergency medical assistance, such as calling 911.
You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you.
None of the Content on this website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.
This Content is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. Talk to your health care provider to determine if an alternative prescription drug is right for you.
Links to Other Sites
Links to third party websites by our website may be provided solely as a convenience. If you use these third-party links, you will leave our website. We are not responsible for such third-party websites, nor do we control such websites. We also do not claim to have reviewed these third-party websites or any associated content. As such, we are not responsible for any of these websites or their content. We are not responsible for any charges or fees associated with financial transactions that may occur on or through a third-party website. Moreover, we do not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials made available by such third-party websites, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to by our website, you do so entirely at your own risk. The mention of specific products, processes, or services within our website does not constitute or imply a recommendation or endorsement under any circumstances
The storage or reproduction of our website (or any part of our website) in any external internet site or the creation of links, hypertext, or deep links between our website and any other internet website, is prohibited.
No Warranties; Disclaimer of Liability; Indemnity
DESERT PEAK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, USEFULNESS, OR APPLICABILITY OF ANY MERCHANDISE, PRODUCT, INFORMATION, OR OTHER DATA OR ITEMS APPEARING ON THIS WEBSITE. DESERT PEAK IS NOT LIABLE TO YOU, OR TO ANY USER OF THIS WEBSITE, FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE MERCHANDISE, PRODUCTS, INFORMATION, CONTENT, OR OTHER ITEMS PRESENTED ON THIS WEBSITE.
DESERT PEAK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION, OR ENDORSEMENT (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING THE MERCHANDISE, PRODUCTS, INFORMATION, OR OTHER CONTENT OR ITEMS APPEARING ON THIS WEBSITE;
DESERT PEAK DOES NOT WARRANT THAT ANY DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ANYVIRUS, WORM, TROJAN HORSE, OR OTHER DATA ALTERING OR CONTAMINATING COMPONENTS(YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE TAKEN STEPS TO PREVENT CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER AND ITS DATA);
DESERT PEAK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGE, FEE, FINE, PENALTY, OR LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE OR TO ANY SITE ACCESSED THROUGH THIS WEBSITE, OR FOR THE CONTENT OR INFORMATION ON THIS WEBSITE OR ON ANY OTHER SITE (IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE); OR
DESERT PEAK DOES NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO THIS WEBSITE – OPERATION OF THIS SITE MAY BE INTERFERED WITH BY FACTORS BEYOND OUR CONTROL.
YOU AGREE TO DESERT PEAK AND HOLD IT HARMLESS — AS WELL AS ITS OFFICERS, DIRECTORS, MEMBERS,EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND SUPPLIERS — FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR USE OF THIS WEBSITE OR YOUR VIOLATION OF THE TERMS OF USE, OR BOTH.
Content Ownership; License to Use this Website
Subject to these Terms, Desert Peak grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose of collecting information regarding our practices and related activities.
All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Desert Peak and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses or entering into this Agreement.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Suggestions”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary.
You hereby grant the Desert Peak a perpetual, sub-licensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Suggestions in whole or in part, and including all intellectual property rights therein.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
You are solely responsible for the content of any postings you submit and Desert Peak assumes no responsibility or liability for any content submitted by you or any other website visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts. If you do post content or submit material, and unless we indicate otherwise, you grant Desert Peak a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Desert Peak and any of its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Desert Peak or its affiliates for all claims resulting from content you supply.
Minimum Age Requirement
Our website is not intended for users under the age of 13. We do not knowingly collect personally identifiable information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their personally identifiable information to us via the website or using portions of the website that require registration.
De-identified Information
Desert Peak may collect certain indirect or aggregate information as a result of your use of the website. Such information will always be anonymized and will never contain user-identifiable data such as name, email address, or other direct identifiers.
Lawsuits Regarding this Website
If you sue Desert Peak for anything relating to this website, you submit to the exclusive personal jurisdiction of the appropriate court in the State of Utah, whether federal or state. The non-prevailing party in a lawsuit relating to this Service hereby agrees to pay the costs and expenses of the lawsuit, including reasonable attorneys’ fees incurred by the prevailing party.
