Upload Images

Expert Analysis

Results Online

Upload Images

MRI, CT, X-Ray and Nuclear Medicine

Registered members can upload imaging studies from CD or digital x-ray hard drive to SecondSight Radiology for professional over-read interpretations. SecondSight uses a FDA approved, HIPAA compliant process and offers convenient online payment by credit card when images are uploaded.

Expert Analysis

Over-reads performed by the best of the best

Every study will be interpreted by board certified subspecialized chiropractic radiologists with over 50 years of combined experience. Studies are scrutinized by the sharpest eyes in the industry to ensure the most accurate diagnosis.

Results online

Expert over-reads reviewed anywhere, anytime.

Members will receive e-mail notification when reports are available. Reports can be accessed online through your personalized, secure member page. Our entire system is online, providing members with 24/7 access to their reports and images, from anywhere in the world using Mac, PC, or tablet.

SecondSight

Dr. Timothy Mick

Dr. Michelle A. Mick (nee Wessely)

SecondSight

Combining 50 Years of Experience in Chiropractic Care

Secondsightradiology.com is designed specifically for the chiropractic community to provide confidential, accurate, and expedient over-read radiology interpretations. Our services are available 24/7 at an affordable low cost.

Our mission is to provide the highest quality radiology interpretations and professional imaging consultations available anywhere in the world. To this aim, only the most highly qualified chiropractic radiologists (DACBR) will provide their services through SecondSight Radiology.

Dr. Timothy Mick

DC, DACBR, FICC

Dr. Timothy Mick is a board-certified chiropractic radiologist, educator and author, with more than 25 years of clinical and academic experience in radiology. He graduated from Northwestern College of Chiropractic (NWCC) in 1986, completed a three-year radiology residency at Los Angeles College of Chiropractic in 1989 and served as head of radiology at NWCC for 18 years.

Dr. Mick has served as president of the American Chiropractic College of Radiology, the American Chiropractic Board of Radiology and the American Chiropractic Association's Council on Diagnostic Imaging. He has been a consultant for state and national boards of examination, including the National Board of Chiropractic Examiners, Minnesota Board of Chiropractic Examiners and the Academy of Chiropractic Orthopedists and has served as editor, on the editorial boards and on the review panel for a number of professional journals, including Topics in Diagnostic Imaging, Journal of Chiropractic Education, Journal of the Academy of Chiropractic Orthopedists and Journal of Manipulative & Physiologic Therapeutics. Honors include the NWCC Faculty Award for Excellence in Clinical Practice, Minnesota Chiropractic Association Educator of the Year and Minnesota Chiropractic Association President’s Award. Currently, Dr. Mick is head of Chiropractic imaging at the Center for Diagnostic Imaging in Minneapolis, MN.

Dr. Michelle A. Mick

(nee Wessely)

BSc (Chiro), DC, DACBR, DipMEd

Dr. Michelle A. Mick (nee Wessely) obtained her chiropractic degree and chiropractic radiology license in the United Kingdom at the Anglo-European College of Chiropractic, Bournemouth. She completed a fellowship in Musculoskeletal Radiology at the University of California, San Diego under Professor Donald Resnick, MD. In 2002, she returned to Europe as the Head of Radiology and Clinical Research at the Institut Franco-Europeen de Chiropratique (IFEC). Michelle has since completed two musculoskeletal MRI fellowships under Dr. Stephen Pomeranz in Cincinnati, Ohio.

Michelle has lectured extensively throughout Europe and North America on all aspects of imaging, from basic imaging reviews to special imaging interpretation. Her work has been published in international journals including Acta Radiologica and Clinical Chiropractic. In 2011, Michelle co-authored Essential Musculoskeletal MRI, which is designed to assist clinicians in imaging utilization. Michelle also has a private chiropractic film-reading practice specializing in consulting with chiropractors internationally.

Create an Account to get started

Please fill out all requested information below. This is a one-time registration for new members. Once you have registered, you will receive a confirmation email with your Log In information.

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	LAKE BREEZE, LLC ("LAKE BREEZE"), WILL GRANT YOU A LICENSE TO USE ITS SOFTWARE, WEBSITES, AND DOCUMENTATION ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AND LICENSE AGREEMENT (the "TOULA"). PLEASE READ THE TOULA CAREFULLY. YOUR PASSWORD AND LICENSE TO USE OUR WEBSITE AND SOFTWARE WILL BE OPERABLE ONLY IF YOU AGREE TO THE TERMS AND CONDITIONS OF THE TOULA BY CLICKING THE "I HAVE READ AND I ACCEPT AND AGREE TO THE TERMS OF USE AND LICENSE AGREEMENT," BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE TOULA, THEN LAKE BREEZE WILL NOT GRANT YOU A LICENSE TO USE ITS WEBSITE, SOFTWARE OR DOCUMENTATION AND YOU SHOULD CLICK "I DO NOT AGREE" BELOW. YOUR USE OF OUR WEBSITE, SOFTWARE, AND DOCUMENTATION AVAILABLE IS YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE LICENSE TERMS. BY ACCESSING OUR WEBSITE AND/OR USING THE SYSTEM AVAILABLE THROUGH OUR WEBSITE YOU REPRESENT THAT YOU ARE EITHER A MEDICAL PROVIDER AUTHORIZED TO ACCESS THIS WEBSITE AND USE THE SYSTEM (A "REGISTERED MEDICAL PROVIDER") OR A REPRESENTATIVE OF A REGISTERED MEDICAL PROVIDER (AS SUCH TERMS ARE DEFINED IN THE TOULA) AUTHORIZED BY THE REGISTERED MEDICAL PROVIDER TO ACCESS THIS WEBSITE AND USE THE SYSTEM A "MEDICAL PROVIDER" IS EITHER (1) A LICENSED CHIROPRACTOR, OR (2) A LICENSED RADIOLOGIST. TERMS OF USE and LICENSE AGREEMENT (TOULA) 1. AGREEMENT. By clicking on “I HAVE READ AND I ACCEPT AND AGREE TO THE TERMS OF USE AND LICENSE AGREEMENT” you agree to the following terms and conditions regarding access to and the use of the LAKE BREEZE, LLC/s websites whose URLs are currently “Secondsightradiology.com” (the “Website”), the software used to operate the Website (the “Software”), the use of any manuals or other documentation and materials supplied in connection with the Website or the Software (collectively the “Documentation”), and the use of any data, documentation, information, images or other content submitted through or accessed though the use of the Website and/or the Software (the “Content”). The Website, the Software, the Documentation [and the “Content”] are sometimes referred to as the “System.” LAKE BREEZE may amend this TOULA at any time, and such amended TOULA shall be effective upon posting on the LAKE BREEZE Website. You should check the TOULA published on the Website regularly to ensure that you are aware of all terms governing your use of the System. Your continued use of this website after changes are made to the TOULA constitutes your acceptance of the new terms and consideration. 2. AUTHORIZED USERS; REPRESENTATION OF AUTHORITY; NOTICE. By using the System, you, the User, certify that you are an “Authorized User.” An Authorized User is an individual who is one of the following (a) a Registered Licensed Chiropractor (RLC), (b) a person authorized by an RLC to use the System to submit and access Content in the ordinary course of the RLC’s practice, (c) a Registered Licensed Radiologist (RLR) or (d) a person authorized by an RLR to use the System to submit and access Content in the ordinary course of the RLR’s practice. A RLC is an individual or an organization duly licensed to practice as a chiropractor in his/her/its state of residence or organization as the case may be who has completed the “User Registration” screen of the Website and obtained a “user identification” and a “login password” from LAKE BREEZE. A RLR is duly licensed to practice radiology in his/her/its state of residence or organization as the case may be who has completed the “User Registration” screen of the Website and obtained a “user identification” and a “login password” from LAKE BREEZE. If you cease to be an Authorized User you will immediately cease to use the System and all Licenses granted to you pursuant to this TOULA will terminate at such time. If you cease to be an RLC or RLR you will immediately notify LAKE BREEZE and will cease using the System and will immediately instruct all persons whom you previously authorized to use the System to immediate stop using the System for any purpose. 3. Purpose and Use of System; Submissions: The purpose of the System to provide a method for RLC to submit Medical Images and other related Medical Information (collectively “Medical Data”) for the sole purpose of obtaining an Over Read (as such terms are commonly used in the medical profession, hereinafter an “Over Read”) of such Submissions by a RLR and to make such Medical Images and related Medical Information available to RLR for the purpose of allowing RLR to perform an Over Read of such Medical Images and other related Medical Information and to submit a report to the submitting RLC using the System. You hereby grant to LB a royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to LB through System (together, the “Submissions”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Except as provided in our Privacy Policy [insert link] LB will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future LAKE BREEZE operations. [LAKE BREEZE will treat any personal information that you submit through this site in accordance with its Privacy Policy (visit: http://www.LAKE BREEZE.com/privacy-policy).] User agrees not to use the System for any purpose that is unlawful or prohibited by the terms set forth herein. User will not introduce any “Malware” into the System. 4. USER FEES. Each RLC will pay to LAKE BREEZE at the time it requests an Over Read of Medical Images the then current fee for the requested, Over Read (“User Fee”) in the manner proscribed by LAKE BREEZE at the time of the request. LAKE BREEZE shall not be liable for any errors committed by any third-party payor system used to pay the required User Fee. The then current User Fee will be disclosed by LAKE BREEZE through the Website or such other means as it determines is appropriate. Such fees are subject to change without notice other than at the time of a request for an Over Read. No Over Read will be performed unless and until the then current fee for an Over Read is paid in advance. LAKE BREEZE reserves the right to terminate your access to, and usage of, the System if for any reason any of the current fees are not paid when due. 5. GRANT OF LICENSES. Subject to the terms and conditions contained in this TOULA, LAKE BREEZE hereby grants the User as a Registered User the following Licenses only if and for so long as the User is a Registered User or the User is authorized by a Registered User to use the System. 5.1 License to Access and Use Websites. LAKE BREEZE hereby grants User a limited, non-exclusive, and non-transferable license (the "Access License") to access LAKE BREEZE’s Websites using URLs provided by LAKE BREEZE via the Internet or other means authorized by LAKE BREEZE for the sole purpose of using the System for “Approved Uses” in accordance with the terms of this TOULA. Approved Uses are limited to (a) submitting Medical Data by a RLC or his/her authorized representatives for review by a RLR, (b) accessing a “Over Read report” (ORR)) by a RLR of Medical Data submitted by a RLC or his/her authorized representatives, (c) accessing Medical Data submitted by a RLC or his/her authorized representatives for purposes of providing an ORR of such Medical Data by a RLR, (d) submitting an ORR by a RLR for access by a RLC or his/her authorized representatives who submitted the Medical Data which is the subject of the ORR, (e) submitting payment for services provided by a Licensed Radiologist, (f) obtaining payment for services rendered by a Licensed Radiologist, complying with any applicable Law. User shall not access the Websites except through the URLs provided by LAKE BREEZE. The URLs are subject to change with notice. User shall not access the System for any other purpose or reason except an Authorized Use. 5.2 License of Software. LAKE BREEZE hereby grants to User a limited, non-exclusive, and non-transferable license (the "LAKE BREEZE License") to: (i) Use the Software for any Approved Use; and (ii) Use any Documentation (including but not limited to any written or electronic instructions or other documentation relating to the use of the Software or the Websites) for any Approved Use; and (iii) Use the Software to generate reports authorized by LAKE BREEZE for use in connection with providing medical treatment to patients of the Registered Medical Provider in the ordinary course of such the conduct of the Registered Medical Provider’s business. 5.3 License of Content. Each User who makes a Submission grants LAKE BREEZE a perpetual, world-wide, non-exclusive and royalty free license to copy, download and otherwise use the Submission for the purposes of operating the System for its intended purposes. Each User who makes a Submission of a Medical Image or any accompanying Medical Information or Content, grants the RLR who agrees to provide an Over Read of such Medical Image and its Authorized Users a perpetual, world-wide, non-exclusive and royalty free license to copy, download, store and otherwise use the Medical Image and accompanying Medical Information for the purpose of providing an Over Read or complying with any Law. The RLR who submits an Over Read of any Medical Image grants the RLC submitting the Medical Image and accompanying Medical Information a perpetual, world-wide, non-exclusive and royalty free license to copy, download, store and otherwise use the Over Read for the purpose of advising the RLC’s patients whose Medical Image and related Medical Information is submitted. 6. LICENSE OF THIRD PARTY SOFTWARE. LAKE BREEZE hereby grants to User a limited, non-exclusive, and non-transferable license to use the third-party computer software (the "Third Party Software") used by LAKE BREEZE in connection with the Software and the Websites. User’s use of the Third Party Software is subject to all of the terms and conditions of this TOULA that apply to the Software except where specifically indicated otherwise. In addition, the terms and conditions of the agreement between LAKE BREEZE and the supplier of the Third Party Software (the "Third Party Agreement") apply to the Third Party Software. If there is any conflict between this TOULA and the terms and conditions of the Third Party Agreement with respect to the use of the Third Party Software by User, the terms and conditions of the Third Party Software Agreement will govern. No addendum to this TOULA will modify any terms or conditions of the Third Party Software Agreement unless such addendum specifically references the Third Party Software and is executed by the LAKE BREEZE under the Third Party Agreement. 7. OWNERSHIP; INTELLECTUAL PROPERTY. 7.1 The System is owned by LAKE BREEZE and incorporates proprietary, confidential, and trade secret information of LAKE BREEZE. The Licenses set forth below are granted only to persons (a) who clicked on “I HAVE READ AND I ACCEPT AND AGREE TO THE TERMS OF USE AND LICENSE AGREEMENT” on the Registration Screen of the System which is associated with this sign-up, (b) who are employees of the RLC or RLR whose name and other information are set forth on the sign-up screen, (c) who are authorized by the RLC or RLR to use the System under the terms of this TOULA, (d) who agree to the terms of this TOULA and (e) who complete the registration process on the Website (“Registered User”). 7.2 Subject to the express rights of User under this TOULA, all right and title in and to the System, all know-how, methodologies, inventions, and improvements associated with any of the foregoing and all trade names, trademarks, service marks, copyrights, or patents embodied or used in connection with any of the foregoing (collectively, the "Intellectual Property") are owned by LAKE BREEZE or its affiliates or third party licensors. The Intellectual Property is protected by intellectual property laws and international treaty provisions. This TOULA does not in any way entitle User to claim any ownership interest or other proprietary right in the Intellectual Property. 7.3 Except for the limited license rights expressly granted to User by this TOULA, LAKE BREEZE retains all rights, title, ownership, and interest in and to the System and its components. 7.4 LAKE BREEZE and its licensors retain all right title, and interest in and to the System, Software, Websites, Documentation, and all portions of, their respective Content (as defined below), features, services and function provided on or through the Websites (collectively "Services"); and all related Intellectual Property, which includes, without limitation, the business processes, procedures, methods, and techniques used with the Websites and the products, and all patent rights, copyright rights, sui generis database rights, trademark rights, trade secret rights, and other proprietary rights therein throughout the world (collectively, "Intellectual Property"). The Data and Content may be used, downloaded, displayed, and printed by you solely for Approved Uses. You may not otherwise use, modify, publish, broadcast, transmit, transfer or sell, rent, lease. reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display, or in any way exploit the System, its Services or Intellectual Properly, in whole or in part, except as expressly permitted in any written agreement you may have with LAKE BREEZE or with the prior written consent of LAKE BREEZE (or the appropriate owner). You are prohibited from modifying the System in any manner or form, or from using modified versions of such System including, without limitation, for the purpose of obtaining unauthorized access to any portion of the System or its Content or the Intellectual Property of LAKE BREEZE, its partners, or licensors. The use of any LAKE BREEZE (or any LAKE BREEZE partner or licensor) trademark, trade name, or service mark without LAKE BREEZE's (or the appropriate owner's) express written consent is strictly prohibited. 7.5 This TOULA does not transfer to User any title, ownership, or other rights to the System or its Content except the License to Use set forth below. Except as otherwise expressly set forth in this TOULA, no portion of this System or any Content may be copied, distributed, published, or transmitted in any form or by any means, in whole or in part, without the express written consent of LAKE BREEZE (or the appropriate owner). 7.6 User will not dispute or contest for any reason whatsoever, during the term of this TOULA or thereafter, the validity, ownership or enforceability of any of the Intellectual Property, nor attempt to acquire or damage the value of the goodwill associated with any of the Intellectual Property. 7.7 Any and all Intellectual Property rights (including but not limited to any copyrights, trademarks, or inventions,(whether or not patentable) arising out of any change to or revisions made or suggested by the User shall be the sole and exclusive property of LAKE BREEZE and the User hereby assigns to LAKE BREEZE all right, title and interest in such Intellectual Property and each RLR, RLC and User shall upon request execute any document requested by the LAKE BREEZE to accomplish the same and if the Customer fails to do so within five (5) days of request, the LAKE BREEZE may, as the User’s attorney-in-fact, execute such documents for and on behalf of the Customer which right shall be irrevocable and shall be coupled with an interest. 7.8 To the extent the User is permitted to use or copy any Content, the User will credit the Content's source as it is credited on the Website to either LAKE BREEZE or to the appropriate third party owner or author. You will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. 7.9 Any information on or available through the use of the System is subject to change without notice. It is the User’s responsibility to evaluate the accuracy, completeness, and usefulness of the System and its Content provided use of the System or the Content. 8. OVER READ; USER FEES. Each Over Read will be conducted by a RLR. LAKE BREEZE shall not have any liability for selecting or otherwise granting any person the status of RLR and LAKE BREEZE shall be entitled to rely on the representations of each person requesting RLR status. LAKE BREEZE may, from time to time, charge certain fees for the use of the System (the “User Fees”). LB shall have no liability arising out of or in connection with the breach of this TOULA by a RLR or a RLC or their authorized representative, nor shall LB have any liability for the unauthorized access of the System or any conduct of the person or entity making such unauthorized access. 9. LICENSE RESTRICTIONS. Use of the System is subject to the following restrictions: 9.1 User will not disclose any passwords needed to access the Website or use the Software except to its authorized representatives who agree in writing prior to access to abide by the terms of this TOULA. 9.2 User shall not make or attempt to make any copy of Website screens or any of the Software including but not limited to its object or source coder or any screens or reports except as necessary to use the System for Authorized Uses. User may make copies of SRR which are prepared by them or which are submitted by a RLR and intended for use by the User. User shall use the System solely for the purpose of providing medical treatment to patients of the RLC in the ordinary course of such the conduct of the RLC’s business. 9.3 Customer has no right to and shall not obtain copy, modify, or otherwise use the object code or source code pertaining to the System. 9.4 User shall not: (i) electronically transfer or attempt to transfer the computer object or source code from one computer to another; (ii) modify, translate, or create derivative works based on the System or any portion thereof; (iii) modify, merge into another computer program, adapt, create derivative works or otherwise make alterations to the System or Documentation or accompanying materials, (iv) sell, convey, transfer, sublicense, lease, or assign any rights or obligations relative to the System or the Documentation, or rights, duties or obligations hereunder (any attempt otherwise shall be null and void); (v) use the System for timesharing, service bureau or ASP purposes or otherwise for the benefit of a third party; (vi) transmit or attempt to transmit the System over a network; (vii) reverse engineer, disassemble, reverse compile or translate, or in any manner attempt to decode or convert the System in order to derive any object or source code, or for any other purpose (vii) access any part of the System except through the specified screens designated by LAKE BREEZE via the internet, (viii) “hack” into or attempt to hack into System including but not limited any of its computers or servers (whether owned by or leased or licensed by LAKE BREEZE) and (ix) share any user id or passwords except that User who is an Authorized User of a RLC or a person authorized to use the System may share user id and passwords among other Authorized Users of the same RLC and an Authorized User of a RLR or a person authorized to use the System may share user id and passwords among other Authorized Users of the same RLR. 9.5 User may use the System solely in a manner that complies with: (1) applicable laws and regulations; (2) the policies and rules of the Lake Breeze, may be revised periodically and posted on-line at [www.Lake Breeze.com] or otherwise in writing to User. 10. CONFIDENTIALITY; HIPAA; PRIVACY 10.1 Confidentiality. User will not, except as otherwise specifically contemplated by this TOULA or required by Law, disclose to any person or entity, disclose or use for its own benefit (other than in connection with an Approved Use of the System and then only in accordance with the terms and conditions of this TOULA) any Confidential Information of LAKE BREEZE. "Confidential Information" of Lake Breeze means all information concerning or related to the business, operations, financial condition or prospects of such Lake Breeze, regardless of the form in which such information appears and whether or not such information has been reduced to tangible form, and specifically includes but is not limited to: (i) all information regarding the officers, directors, employees, equity holders, customers, suppliers, distributors, sales representatives and licensees of Lake Breeze, in each case whether present or prospective; (ii) all inventions, discoveries, trade secrets, processes, techniques, methods, formulae, ideas and know-how of such party (including the Software and its object code and source code,) as well as but not limited to the input and display screens and reports of the Website generated by the Software); and (iii) all financial statements, audit reports, budgets and business plans or forecasts of such party. Confidential Information does not include information of a party which is or becomes generally known to the public through no act or omission of the User or information which is lawfully obtained by a party from a source other than the party to whom such Confidential Information belongs, so long as such source has no obligation of confidentiality to the party to whom such Confidential Information belongs. User will not disclose the Confidential Information of any patient (PCI) except as necessary to obtain a second part review of the Data of a Patient and then only as and to the extent permitted by Law. User shall comply with all Laws regarding the protection of Confidential Information and trade secrets as well as all Laws pertaining to PCI, including buy not limited to the [HIPAA]. All password or controlled access information provided by LAKE BREEZE or its authorized distributor shall be LAKE BREEZE Confidential Information subject to the terms set forth below. Each User is responsible for maintaining such Confidential Information in strict confidence, and is responsible for regularly reviewing information posted on-line to obtain timely notice of such changes. User shall not disclose any Confidential Information including the look, feel, or content of any of the screens generated by the System. User shall not disclose any reports generated by the System except as and to the extent necessary to provide medical treatment to the patient of a RLC. 10.2 Injunctive Relief and Reformation. LAKE BREEZE would be irreparably damaged if any of the provisions of this TOULA were not performed by User in accordance with their specific terms. Accordingly, LAKE BREEZE entitled to an injunction or injunctions to prevent breaches of this TOULA by the User and has the right to specifically enforce this TOULA against the other party in addition to any other remedy to which it may be entitled at law or in equity. If any court determines that the restraints provided in this Section are too broad as to time or subject matter, the time or subject matter may be reduced to whatever extent the court deems reasonable and appropriate, and the covenants contained in this Section will be enforced as to such reduced time or subject matter. 10.3 Privacy. Any personally identifiable information you provide or is collected in connection with the use of System shall only be used in accordance with LAKE BREEZE’s Internet Privacy Statement [insert link]. 10.4 HIPAA. User will at all time comply with applicable law regarding the protection of personal medical information including but not limited to The Privacy Rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, which protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. 11. LINKS. The Website may contain links to other Internet websites or resources. LAKE BREEZE does not endorse and is not responsible or liable in any way for any content, advertising, services, or goods on or available from such websites or resources. 12. NON-COMPETE. User shall not during the term of this TOULA nor for a period of five (5) years after the Termination of the Licenses, develop or attempt to develop any website, software, or documentation or other system competitive with the System, nor shall any User who is a RLR or an Authorized User thereof directly or indirectly provide any services as a radiologist to any RLC to whom the RLC provided services using the System. 13. TERM AND TERMINATION 13.1 Term. The Licenses granted above to use the System and the Content shall terminate should the User cease to be a Registered Licensed Chiropractor or Registered Licensed Radiologist or an Authorized User thereof. 13.2 Termination by LAKE BREEZE. Except as otherwise provided in writing signed by LAKE BREEZE, LAKE BREEZE reserves the right to terminate this TOULA at any time upon notice to the User, including but not limited to a notice posted on the Website upon attempting to access the Website. In addition, LAKE BREEZE may, by written notice to User, terminate the License granted above if the User is in breach of any of the terms, condition or provision of this TOULA, provided however, that if such breach is capable of being cured, such breach shall not terminate the License granted above if such breach is cured within 3 days after LAKE BREEZE gives User written notice of such breach, provided, that User will not have the benefit of such cure period for any breach that occurs more than twice in any within 12 month period of the occurrence of a previous breach which has been cured with the cure period for that breach. User shall notify LAKE BREEZE of any breach of its obligations under this TOULA. 13.3 Effect of Termination. Upon termination of the Licenses: (i) all rights of the User in, to, and under this TOULA shall immediately terminate including but not limited to the Licenses; (ii) User will immediately cease using the System including but not limited cease accessing the Websites; (iii) User will immediately remove all or any portion of the Software and the Third Party Software from all computers not owned by LAKE BREEZE; and (iv) User will promptly return to LAKE BREEZE all Intellectual Property and Confidential Information of LAKE BREEZE which is in User’s possession. The termination of the Licenses will not affect the provisions of this TOULA relating to the payment of any amounts due by User to LAKE BREEZE or the provision of Sections 3, 7, 8, 9, 10, 11, 12, 14 through and including 26 and termination of the Licenses will not entitle the User to any amounts previously paid under this TOULA. Upon any termination, all of LAKE BREEZE's charges properly incurred to the date of termination will be immediately due and payable. 14. ASSIGNMENT. User will not assign, pledge or otherwise transfer any of its rights, interest or obligations under this TOULA, whether by operation of law or otherwise, without the prior written consent of LAKE BREEZE. LAKE BREEZE has the right to assign its obligations under this TOULA to any transferee of its rights in the System. 15. NOTICES. Any notices or other communications required or permitted under this TOULA are to be sent to the addresses of the parties last provided to the other party. 16. MISCELLANEOUS. This TOULA: (a) may be amended only by a writing signed by each of the parties; (b) may be executed in several counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument; (c) contains the entire agreement of the parties with respect to the transactions contemplated hereby and supersedes all prior written and oral agreements, and all contemporaneous oral agreements, relating to such transactions; (d) will be governed by, and construed and enforced in accordance with, the laws of the State of Minnesota without regard to its conflict of laws principles; and (e) is binding upon, and will inure to the benefit of, the parties and their respective successors and permitted assigns. 17. DISCLAIMER OF WARRANTY. THE SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND LAKE BREEZE EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE, AND CONTENT. SHOULD THE SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE OR CONTENT PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USER. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS; USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. USER ALSO ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND WEBSITE, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE AND WEBSITE. LAKE BREEZE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE, OR CONTENT (I) WlLL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR (II) WlLL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LAKE BREEZE IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS, OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN LAKE BREEZE; OR (III) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM, OR NETWORK USED IN CONNECTION WITH THE SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE, OR CONTENT. LAKE BREEZE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SYSTEM OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. LAKE BREEZE SHALL HAVE NO LIABILITY TO ANY PERSON OR ENTITY INCLUDING BUT NOT LIMITED TO ANY PATIENT OF ANY PERSON USING THE SYSTEM ARISING OUT OF OR IN CONNECTION WITH THE ACTIONS OR INACTIONS OF ANY PERSON USING THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY PERSON PURPORTING TO BE EITHER (A) A CHIROPRACTOR OR AUTHORIZED REPRESENTATIVE THEREOF OR (B) A RADIOLOGIST OR AUTHORIZED REPRESENTATIVE THEREOF, WHETHER IN TORT, CONTRACT OR STRICT LIABILITY. 18. INTERNET DISCLAIMER. BOTH PARTIES EXPRESSLY ACKNOWLEDGE THAT: (1) THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND IS NOT A SECURE INFRASTRUCTURE, (2) NEITHER PARTY HAS CONTROL OVER THE INTERNET, AND (3) NEITHER PARTY IS LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OR INTERRUPTION OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT, PROHIBIT OR INTERFERE WITH THE OPERATION OF OR ACCESS TO THE WEBSITE. IN ADDITION, LAKE BREEZE MAKES NO REPRESENTATION OR WARRANTY THAT THE SYSTEM WILL BE ACCESSIBLE OR VIEWABLE OUTSIDE OF THE UNITED STATES. ACCESS TO THE SYSTEM OR THE CONTENT MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SYSTEM FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THE LOCATION IN WHICH YOU ACCESS OR ATTEMPT TO ACCESS THE SYSTEM. LAKE BREEZE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET USING THE SYSTEM WILL BE FREE OF MALWARE. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY USER’S PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. 19. EXCLUSIVE REMEDY. LAKE BREEZE’S ENTIRE LIABILITY AND USER’S EXCLUSIVE REMEDY SHALL BE THE RIGHT TO TERMINATE THE USE OF THE SYSTEM BY RETURNING TO LAKE BREEZE, ANY PORTION OF THE SYSTEM, SOFTWARE, DOCUMENTATION OR CONTENT DELIVERED TO THE USER, AND RETURN OR DESTROY ALL COPIES THEREOF, AND USER'S OBLIGATION, IF ANY, TO PAY A LICENSE FEE WILL TERMINATE FROM THE DATE OF RECEIPT OF THE SOFTWARE AND DOCUMENTATION BUT NO REFUNDS WILL BE MADE BY LAKE BREEZE OTHER THAN ANY LICENSE FEES PAID BY THE USER FOR ANY PERIOD AFTER THE DATE OF THE RETURN OF THE SOFTWARE AND THE DOCUMENTATION. 20. LIMITATION OF LIABILITY. LAKE BREEZE SHALL NOT BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE, OR CONTENT. LAKE BREEZE SHALL NOT BE LIABLE FOR ANY CLAIM BY A USER OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SYSTEM, SOFTWARE, DOCUMENTATION, WEBSITE, OR CONTENT AND SHALL NOT BE LIABLE TO USER FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; COMMITMENTS IN CONNECTION WITH ANY BUSINESS; LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS TOULA OR USE OF OR INABILITY TO USE THE SYSTEM, SOFTWARE, WEBSITE, DOCUMENTATION OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERROR IN, OR MALFUNCTION OF THE SYSTEM, SOFTWARE, WEBSITE, DOCUMENTATION OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY EVEN IF LAKE BREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL LAKE BREEZE HAVE ANY MONETARY LIABILITY TO THE USER OR ANY OTHER PARTY IN EXCESS OF THE AMOUNT PAID TO LAKE BREEZE BY THE USER, IF ANY, DURING THE 6 MONTHS PRECEDING THE DATE A CLAIM IS MADE AGAINST LAKE BREEZE BY THE USER WITH RESPECT TO THE SYSTEM, SOFTWARE, WEBSITE, DOCUMENTATION OR CONTENT. IN NO EVENT SHALL LAKE BREEZE BE LIABLE WITH RESPECT TO ANY CLAIM MADE MORE THAN SIX MONTHS AFTER THE FIRST OCCURRENCE OF THE ANY OF FACTS, CIRCUMSTANCES, OR EVENTS GIVING RISE TO THE CLAIM. 21. U.S. GOVERNMENT RESTRICTED RIGHTS; EXPORT REQUIREMENTS. The System been developed entirely at private expense and are provided as “Commercial Computer Software” or “Restricted Computer Software.” They are delivered and licensed as “Commercial Computer Software” as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a “Commercial Item” as defined in FAR 2.101(a), or as “Restricted Computer Software” as defined in FAR 52.227-19 (June 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. User has only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or this TOULA. User may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations. 22. THIRD PARTY SOFTWARE. User is responsible for obtaining all necessary licenses needed for any third-party software that interfaces with the System. User agrees to indemnify LAKE BREEZE for and defend LAKE BREEZE against any liability, damages, expenses (including without limitation costs and attorneys’ fees) and claims arising from User’s failure to obtain such license rights. 23. EQUITABLE RELIEF. User agrees that any breach of this TOULA by User may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, LAKE BREEZE shall have the right to obtain an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief. 24. INDEMNIFICATION. USER SHALL INDEMNIFY, DEFEND AND HOLD LAKE BREEZE, AND ITS AFFILIATES, PARENT, AND SUBSIDIARY ORGANIZATIONS AND EACH OF THE FOREGOING ENTITY’S CURRENT, FORMER AND FUTURE RELATED AND AFFILIATED ENTITIES, SUBSIDIARIES AND PARENT ORGANIZATIONS; AND EACH CURRENT, FORMER AND FUTURE DIRECTOR, GOVERNOR, OFFICER, MANAGER, MEMBER, SHAREHOLDER, OWNER, PARTNER, EMPLOYEE, AGENT, REPRESENTATIVE, HEIR, ASSIGN, LEGAL REPRESENTATIVE, ATTORNEY, INDEPENDENT CONTRACTOR, PREDECESSOR, SUCCESSOR, AND AFFILIATE OF LAKE BREEZE HARMLESS FROM, ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, LOSS, LIABILITY, DAMAGE, OR OTHER REMEDY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY (“CLAIMS”) DUE TO OR ARISING OUT OF (a) USER'S USE OR INABILITY TO USE THE SYSTEM, SOFTWARE, WEBSITE, DOCUMENTATION OR CONTENT REGARDLESS OF THE NATURE OF THE CLAIM WHETHER IN TORT OR CONTRACT INCLUDING BUT NOT LIMITED TO ANY CLAIM OF MEDICAL OR OTHER MALPRACTICE or (b) USER’S BREACH OF THE TERMS AND CONDITIONS SET FORTH IN THIS TOULA. 25. APPLICABLE LAW; PERSONAL JURISDICTION; WAIVER OF JURY TRIAL. This TOULA and any dispute arising out of or in connection with the use or content of the System shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of law provisions and any applicable federal laws of the United States of America. USER IRREVOCABLY CONSENTS TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED WITHIN HENNEPIN COUNTY, STATE OF MINNESOTA WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE FAILURE OR INABILITY TO USE THE SYSTEM OR ITS CONTENT AND HEREBY IRREVOCABLY WAIVE ANY DEFENSES TO SUCH JURISDICTION. TO THE FULLEST EXTENT ALLOWED BY LAW, USER WAIVES ANY RIGHT TO HAVE ANY DISPUTE DETERMINED BY A JURY. 26. DEFINITIONS. “Law” means the constitution and the laws (including the common law or other rule of law), statutes, regulations, directives, codes, ordinances, decree, judgment, rule, of any Authority, any action of any Authority having the force and effect of law, and any treaty or convention to which any Authority is a party which is (a) applicable to the Party to whom the representation, warranty, covenant or provision referring to Law applies, or (b) otherwise enforceable against such Party, as well as all amendments thereto and (c) includes all rules and regulations promulgated under or pursuant to any such Law. “Licensed Radiologist” means a radiologist licensed to practice the field of radiology in the State in which he/she resides. “Licensed Chiropractor” means a chiropractor licensed to practice chiropractic care in the State in which he/she resides. “Malware” means any viruses, worms, Trojan horses or other computer software code that may manifest contaminating or destructive properties. 27. COMPLIANCE WITH TOULA; REVISIONS. Lake Breeze reserves the right to monitor use of this site to determine compliance with this TOULA, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, User remains solely responsible for the content of the User’s Submissions. Lake Breeze reserves the right to make changes and updates to this TOULA and any information contained within the System without prior notice and to make improvements and/or changes in the products and services at any time without notice.
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