Last updated: April 22, 2025 

These Terms and Conditions govern the use of the services offered by DEXASCAN.COM at the DEXASCAN.COM website (the "Website"). Such services and Website together are hereinafter referred to as the "Platform." Please read these Terms and Conditions carefully before using the Platform.Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions, and your representation that you are twenty-one (21) years of age or older. If you object to anything in these Terms and Conditions, you are not permitted to use the Platform. These Terms and Conditions are hereinafter referred to as the “Agreement." 

Cancellation, Rescheduling, Refunds & Testing Conditions 

Refunds: Refer to the refund policy for specifics. 

Packages are non-refundable: Packages provide the opportunity to book appointments at a lower cost. Once the Customer purchases a package, the Customer will receive a code to schedule all the appointments included in the package. The Customer may then reschedule these appointments at no cost, as long as the Customer provides a 24-hour notice. However, DEXASCAN does not provide refunds on packages, including partial refunds for unused appointments. 

Packages are valid for 12 months after the date of purchase. 

Variance in results from one machine to another cannot be controlled by DEXASCAN. For continuity in results over time, it is encouraged to retest on the same machine to most accurately compare results.

DEXASCAN Is Facilitator between Customer and Assessment Partner 

DEXASCAN is a communications platform for facilitating the connection between individuals seeking to receive fitness testing Services ("Customer(s)"), and Assessment Partners seeking to assist Customers by delivering these fitness testing Services (“Assessment Partner(s)") to Customers who have authorized the delivery of such Services (such services provided by Assessment Partners to be hereinafter referred to as "Assessment Services"). Customer acknowledges and agrees that the Assessment Partners act as the agent of the Customer in carrying out the Assessment Services, and that DEXASCAN has no relationship with Customer other than to provide the Platform as set forth in this Agreement. DEXASCAN does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Assessment Partner. 

Release 

YOU AGREE THAT NEITHER DEASCAN NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY ASSESSMENT PARTNER OR FOR ANY ASSESSMENT SERVICES. NEITHER FITNESCITY NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY, DEATH, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY ASSESSMENT PARTNER. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE ASSESSMENT PARTNER, YOU HEREBY RELEASE DEXASCAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, MEDICAL FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 

Use of Material 

Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to DEXASCAN and its affiliates. Users of this Website or of the DEXASCAN platform ("you" or "User(s)") may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any

other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited. 

Disclaimer 

USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PLATFORM AND THE ASSESSMENT SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTIES OF ANY RESULTS RELATED TO ASSESSMENT SERVICES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEXASCAN.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY WEBSITES LINKED TO THE DEXASCAN WEBSITE. DEXASCAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DEXASCAN WEBSITE AND THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DEXASCAN.COM SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. 

DEXASCAN DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DEXASCAN SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. DEXASCAN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. DEXASCAN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PLATFORM, SOFTWARE, TEXT, GRAPHICS OR LINKS. FITNESCITY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Limitation of Liability 

YOU AGREE THAT DEXASCAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY INJURIES, DEATHS, DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE PLATFORM; (II) THE LIABILITY OR FITNESS OF ANY ASSESSMENT PARTNER OR ASSESSMENT SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF FITNESCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT FITNESCITY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL 

DEXASCAN’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO DEXASCAN HEREUNDER. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. 

Indemnity 

You agree to defend, indemnify and hold harmless DEXASCAN and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any injuries, death, losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. DEXASCAN shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.