MedPics – User Agreement for Patients
Updated May 7, 2020
www.medpics.com is operated by MedPics LLC incorporated in Delaware, USA.
Your access and use of this website signifies your acknowledgement and agreement to the following terms and conditions disclosure, and our Privacy Policy. The terms and conditions outlined in this Agreement are subject to change at any time without notice by MedPics. You should read these terms and policies as you are agreeing to follow them by accessing and using this site.
YOU ARE RESPONSIBLE FOR READING THIS AGREEMENT CAREFULLY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED ON THIS WEBSITE.
You assume full responsibility for the use of any and all information on this site and expressly hold MedPics harmless for it. You understand that MedPics is not responsible for any claim, damage, or loss from its use by you or any user. We disclaim any warranty of accuracy, timeliness, completeness, merchantability, or fitness for a particular purpose. This site is not guaranteed to be error or virus free. We reserve the right to either temporarily or permanently discontinue this website and the services at any time.
EMERGENCY
If you are having a medical emergency, call the appropriate Emergency medical service, for example 911 in the USA immediately. Do not attempt to communicate with providers through this website for urgent or emergent medical situations through electronic means or otherwise. The services of MedPics are not appropriate for use in urgent or emergency situations.
MedPics provides a platform on which patients can find and contact Medical Experts worldwide for the purpose of consultation about health concerns, with the ability to securely upload medical imaging. MedPics servers on which the medical images are stored, are located in the USA where the images will be stored for the duration as defined in the user agreement and the HIPAA compliant connectivity enabling a Teleradiology and Telemedicine service for final reads.
Medical Disclaimer & Health Content
MedPics provides only the platform for health information exchange and does not itself provide medical advice. This website is not an attempt to practice medicine. Use of this website does not establish a doctor-patient relationship between MedPics and user but enables other parties to do so.
The content of this website, provided by MedPics and not a Medical Expert, including text, images, graphics, and interactive features:
is designed to be for educational and reference use only.
is not intended to be complete or exhaustive.
is not applicable for use in the treatment of any individual specific medical condition.
should never be used for medical advice.
should never be used too replace, overrule, or augment the judgment of a health care provider.
should not be relied upon as a basis for delay or refusal of medical treatment from a qualified licensed medical expert physician.
The user agrees to consult with a qualified licensed health care provider and to follow their medical advice. Access and use of the MedPics website does not establish a doctor-patient or any other type of health care provider-patient relationship between MedPics and the user. The patient treating health care provider remains responsible for the patient evaluation, diagnosis, and treatment.
Release of Liability
You assume full responsibility for the use of information on the MedPics website. You understand and agree that MedPics and its respective, medical experts, employees, contractors and/or agents are not responsible or liable for any claim, loss, or damage from use of this site.
You agree that MedPics and its respective medical experts, employees, contractors and/or agents are not responsible or liable for any direct or indirect damages from the use or reliance of the services provided by MedPics.
MedPics does not make any representation or warranty about the timeliness of responding to requests for services or the timeliness in which a report will be generated after a request for services is received and an agreement is reached.
ACCESS TO MEDPICS AND THE INFORMATION CONTAINED ON MEDPICS IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LMITED TO, THE IMPLIED WARRANTIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON MEDPICS OR THE INFORMATION IN MEDPICS, INCLUDING INACCURATE OR INCOMPLETE INFORMATION, IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL MEDPICS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXAMPLARY DAMAGES, INCLUDING BUT NOT LMITED TO, LOSS OR PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHEATHER A CLAIM FOR ANY SUCH LIABILITY OR DAMGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF MEDPICS HAS BEEN APPRISED OF THE POSSIBILITY OF LIELIHOOD OF SUCH DAMGES OCCURING. MEDPICS DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICES PROVIDERS AND MEDPICS.
GENERAL INDEMNITY. PATIENT MUST INDEMINFY, DEFEND AND HOLD HARMLESS MEDPICS AGAINST ALL THIRD-PARTY CLAIMS (INCLUDING WITHOUT LIMITATION BY GOVERNMENTAL AGENCIES). DEMANDS, DAMAGES, COSTS, PENALTIES, FINES AND EXPENSES (INCLUDING RESONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF OR REALTED TO: 1.) PATIETNSS BREACH OF ANY TERM IN THE AGREEMENT; 2.) ANY UNAUTHORIZED USE, ACCESS OF DISTRIBUTION OF THE SERVICE OF PATIENT; 3.) VIOLATION OF ANY INDIVIDUALS PRIVACY RIGHTS RELATED TO INFORMATION SUBMITTED UNDER PATIENT'S ACCOUNT, FALSE; 4.) DUPLICATE, INCOMPLETE, UNAUTHORIZED OF MISLEADING INFORMATION SUBMITTED UNDER PATIENT'S ACCOUNT OR BY PATIENT.
YOU DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE MEDPICS ITS SUCCESORS, ASSIGNS, SHARHOLDERS, MEMBER, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS ('RELEASED PARTIES') OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OF CHARACTER, IN WHOLE OF IN PART WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATED TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF USE OF THE SYSTEM, INCLUDING BODILY INJURY AND DEATH.
Privacy
By accessing the MedPics website, you agree to accept the MedPics Website Privacy Policy. MedPics protects the privacy and security of Protected Health Information (PHI) as defined by the US- Health Insurance Portability and Accountability Act (HIPAA). Please visit the MedPics Privacy Policy page for further information about our privacy practices and your privacy rights.
MedPics respects your privacy and will take reasonable steps to ensure the confidentiality of personally identifiable information that you provide. We cannot guarantee and do not provide any warranty against intentional or unintentional security breaches.
When using the MedPics website, including the forms and medical image file uploader, information will be securely transmitted.
YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE MedPics WEBSITE, FORMS, FILE UPLOADER, OR OTHER CONTENT OR FUNCTIONALITY.
Once we have received your personal health information, we utilize encrypted communications and storage systems to protect the privacy and security of your medical information. We have implemented mechanisms for limiting access to stored medical information. We have mechanisms for logging and monitoring access to medical information we store. We collect and store information for the purposes of providing the opinions requested. You will be prompted to create a user ID and password for security purposes when using MedPics services. It is your responsibility to keep your User ID and Password information secure. MedPics cannot prevent an individual with your User ID and Password from accessing your medical information. If you believe that your User ID and Password has been compromised, it is your responsibility to contact MedPics promptly. While we will make every reasonable effort to make a timely resolution of the security breach, we make no warranties as to timeliness and take no responsibility for information accessed during the period of time between the notification of the security breach and its resolution.
By accessing and/or submitting/uploading personal information to this site, you authorize a disclosure of medical information to MedPics for the purpose of storing the images over a period, determined by the user agreement, and for obtaining consultation regarding a health concern or medical imaging study. By submitting this information, you acknowledge disclosures of medical information in compliance with the terms set forth in the MedPics Website Privacy Policy. The report, interpretation, or statement will be sent to the individual Medical Expert designated by you. The authorized Medical Expert can view your images, reports even before you agree on a price to assess the amount of work required to answer your questions. Your authorization to disclose information as set forth in this statement and the MedPics Website Privacy Policy is effective immediately. If you would like to modify this authorization, refer to the MedPics Website Privacy Policy for further detail.
MedPics servers collect and save default information customarily logged by internet server software for the purpose of standard 'traffic' monitoring, including the following: originating IP address and domain name, date and time, pages/objects requested, and completion status. Information submitted on the website is transmitted to third parties as necessary for payment processing.
As soon as the medical images or other data are uploaded the data remains securely stored on the server and you can give access to anybody of your choice by e-mail or you can grant access to your images to one or multiple other Medical Experts, as per your requirements. In addition, at any time you can yourself delete your medical images from the server. You have also the option to upload any images anonymously as well (more details see MedPics privacy policy).
Nature and Limitations of Services Provided
The remote medical imaging consultation services provided through MedPics differ from the diagnostic services provided by physicians. Typically the medical practitioners affiliated with MedPics and providing services do not have the information that would be obtained through an in-person encounter or a physical examination. Furthermore, access to the patient's medical record may be limited due to the failure to transmit or receive information in an appropriate, readable format. Due to the inherent limitations of information availability for the physicians working with MedPics, the medical opinion will not be shared with patient's personal, local physician. By proceeding to engage the services of MedPics, acknowledge these limitations.
The Medical Experts presented on MedPics are not employees or independent contractors of MedPics but independent from MedPics and are responsible for their liability. The fee for the service can be fixed or is negotiable between the patient and the Medical Expert. Only Medical Experts will be accepted to be presented on MedPics after their medical license or other legitimate documentation was approved by MedPics staff. However, the process is limited and MedPics cannot be held reliable or responsible for false information or fraud by the Medical Expert.
Medical Experts are responsible and liable for their own credentials and required licensing appropriate under the jurisdiction of the country where they practice medicine or their health profession but also where the patients are located.
You must and hereby agree:
á The remote opinion provided is not intended to replace an in-person visit with a physician or a full medical or radiological evaluation.
á The Medical Expert providing the remote opinion has limited access to information relative to an in-person physician.
á The remote opinion you receive is limited and provisional.
á That the remote opinion provided should be utilized in conjunction with an in-person evaluation and consultation with your personal/treating physician.
á You will not independently undertake treatment decisions based on the remote opinion provided by the Medical Experts through MedPics, but agree to discuss the results and arrive at a treatment plan during an in-person consult with a physician.
á Because of the limitations of a remote opinion, the remote opinion of the Medical Expert should not be used for the establishment of a non-provisional diagnosis, or definitive treatment planning.
á Your treating physician remains responsible for your care, including evaluating the report and communicating information to you.
á You will not use the Medical Expert opinion in any legal proceeding without the express written permission of the Medical Expert. Any request to use an opinion in a legal proceeding must be submitted in writing to the Medical Expert with a full explanation of the circumstances of the case and the identities of the parties involved.
Payment
The storage of medical images on MedPics will result in a fee, determined in the user agreement, which can be subject to change and will be specified on the website after having set up an account. You are responsible for all fees charged by the Medical Expert through MedPics for services provided. We do not accept payment in the form of cash, check, or money order. Major credit cards (American Express, Discover, Visa, & MasterCard) and PayPal are the accepted means of payment. You agree to allow us to charge your credit card or PayPal account for services as they are rendered. Following submission of your credit card information, MedPics maintains the right and you expressly agree to utilize your credit card for payment of services rendered under MedPics. If we are unable to bill your credit card or electronic funds transfer account, we will send you an invoice. Your request for services from MedPics will not be fulfilled until payment has been received and verified. All fees for services provided by Medical Experts through MedPics must be paid in advance, or otherwise agreed. MedPics is not responsible for obtaining insurance reimbursement and will not pursue insurance reimbursement on your behalf. If you would like to pursue insurance reimbursement for your expenditures, you must do this independently. Information submitted on the website is transmitted to third parties as necessary for payment processing.
The fee for the service provided by the Medical Expert through MedPics can be fixed or can be negotiated based on the choice of the Medical Expert. MedPics provides only the platform for the transaction.
Intellectual Property and Proprietary Information:
All trademarks, services marks, intellectual property or copyrightable materials contained on this site are registered, protected or copyrighted under Delaware (USA) law or the law of other jurisdictions and may not be reproduced, displayed, published, or broadcast unless otherwise noted.
This Agreement and all services provided by MedPics shall be governed by and construed in accordance with the laws of the Delaware (USA) without regard to its conflicts of laws rules.
MedPics grants a limited license to each user to make personal use only of the website and the associated services in accordance with these terms and conditions of use. The limited license granted to each user for personal use expressly does not allow or authorize, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the website and associated services. The limited license expressly excludes use for data mining, collection of e-mail address, collection of medical information, or creation of a derivative website. Reproduction of the content, in whole or in part, by any means, is prohibited without the express written consent of MedPics.
No Warranties
This site and all other sites hosted, owned, or created as well as any service provided by MedPics and the content contained therein are provided by MedPics on an 'as is' basis. We disclaim any representations or warranties of any kind, express or implied, including, but not limited to, warranties of accuracy, timeliness, completeness, merchantability, or fitness for a particular purpose. This site is not guaranteed to be error or virus free. MedPics reserve the right to either temporarily or permanently discontinue this website and the services. MedPics also preserves the right to disable or close the account of any user in case of breach of the privacy policy and user agreement.
YOU DO HEREBY REMISE, RELEASE, AQUIT AND FOREVER DISCHARGE MEDIPICS ITS SUCESSORS, ASSIGNS, SHARHOLDERS, MEMBERS, OFFICERS, DIRECTORS AFFILIATES , EMPLOYEES AND AGENTS ('RELEASED PARTIES') OF AND FROM ANY AND ALL LIABILITIES, CLAIMS REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OF CHARACTER, IN WHOLE OR IN PART WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECELTLY OR INDIRECLTLY RELATE TO, RESULT FROM , ARE BASED UPON, OR ARISE OUT OF USE OF THE SYSTEM, INCLUDING BODLILY INJURY AND DEATH.
Accuracy
MedPics does not make any representation or warranty about the accuracy of the information provided on this website. We disclaim any express or implied warranties, including warranties for fitness for a particular purpose or merchantability.
External Links
The site contains links to other websites. MedPics does not make any representation or warranty over external websites, included those linked to on this website. This agreement does not apply to external sites that are provided as links. Links to external websites do not constitute endorsements. External websites may have terms of use that differ from those set forth in this agreement.
Limitation of Liability
Third Parties provide some information on the MedPics site. MedPics shall not be held responsible for such Third Party material. MedPics disclaims any responsibility for or liability related to such Third Party material and any complaints, claims, or questions should be directed to the appropriate Third Party.
General
By using MedPics, you agree that the laws of Delaware (USA) without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and MedPics, the Medical Experts using MedPics, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with MedPics, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the state of Delaware (USA) and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Delaware (USA) in connection with any claim involving MedPics, its Medical Experts, employees, subsidiaries, contractors, officers and directors.
About These Terms
If you do not agree with these terms, you should not access this site or use the services of MedPics. We reserve the right to modify these terms or add any additional terms. You should review these terms and MedPics Notice of Privacy Practices regularly. These terms only apply to the relationship between the user and MedPics; they do not create any Third Party beneficiary rights. If there is a conflict between these terms and additional terms, the additional terms will control for that conflict. If a term is unenforceable, this does not affect the validity of any other terms.
Please note that MedPics has the right to change the User Agreement for Patients at any time and when so, changes will be announced on the website, without personal notification of each individual user.