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May 16, 2008


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Terms

Welcome to the Brainscans website. By using the Brainscans website, you agree to the terms of this Customer Waiver and Consent Form ("Customer Agreement").

Brainscans, LLC ("Brainscans") through Brainscans.com provides a scheduling service for individuals who wish to arrange for an MRI brainscan. The radiologists who participate on the Brainscans.com website are independent medical practitioners who are Board Certified. Brainscans does not practice medicine or offer medical advice. Brainscans merely provides an easy and convenient scheduling service and processes payments to the participating radiologists. The listing of radiologists on our website does not constitute a recommendation or representation by Brainscans that you should utilize or consult the named physician. Our web page is not intended to provide medical or health advice and you should consult your personal physician if you have any questions concerning the safety or efficacy of an MRI brainscan. Brainscans does not guarantee the accuracy, timeliness, completeness or correct imaging of the MRI brainscan and does not warrant any results from the brainscan. Brainscans is not under any obligation to update information or opinions contained in the brainscan you receive from the radiologist. By the use of this website and the scheduling of an appointment, you hereby authorize the radiologists listed on the website to perform on you a Magnetic Residence Imaging (MRI) screening procedure of your brain.

You understand and agree that this procedure is a quick, gross study and is not an in depth diagnostic MRI study. The purpose of this procedure is to detect only obvious asymtomatic abnormalities and this procedure will not provide the level of detail afforded by an in-depth MRI diagnostic study. You understand and agree that there could be pathological processes or conditions of your head and brain which this procedure will not detect. You also understand that insurance reimbursement for the cost of this procedure will not occur.

You are unaware of any preexisting medical condition which would make it unwise for you to participate in this evaluation and screen. In particular, you understand and agree that if you have had any symptoms which concern you or which have led you to seek this procedure, you should not participate in this screening and evaluation and should see your physician immediately for a full diagnostic evaluation of such symptoms.

You understand and agree that, if any abnormality is detected, the radiologist may refer you for follow-up testing such as an in-depth diagnostic MRI and/or treatment to your primary medical doctor or another appropriate physician in connection with the results of this procedure. You understand that any such referral is deemed necessary by the radiologist. You further understand and acknowledge that it is in your best interest to follow through with such a referral and that you may expose yourself to the risk of one or more undetected or undiagnosed diseases as a result of your failure to follow through with such referral.

You do hereby release and hold harmless Brainscans, the radiologist, the MRI facility, each of their governing bodies, officers, directors, members, agents, appointees, students, employees and medical and other staff from and all liability resulting from your participation in the above screening, including the consequences of my failure to follow through with a referral.

You acknowledge that no guarantees, representations, warranties or assurances have been made to you concerning the procedure described above.

All links are provided as a convenience and reference tool only. Brainscans has no control over third party web sites and in no way endorses the web sites or the contents of the site.

IN NO EVENT WILL BRAINSCANS OR THE PERSONS TRANSMITTING OR RECEIVING THE INFORMATION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES THAT MAY RESULT FROM YOUR HAVING A BRAINSCAN OR USING INFORMATION SET FORTH ON THE SITE AND BRAINSCANS ASSUMES NO LIABILITY FOR ANY DIAGNOSIS OR TREATMENT IN RELIANCE THEREON. YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST BRAINSCANS WITH RESPECT TO ANY INFORMATION OR SCAN YOU RECEIVE.

THERE IS NO WARRANTY OF MERCHANTIBILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR USE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF BRAINSCANS.COM OR THE BRAINSCAN YOU MAY ULTIMATELY RECEIVE.

You confirm that you have read this form, fully understand its contents, and agree to it.