- I. Overview
- II. Second Opinion
- III. Site Content
- IV. Informed Consent
- V. Risks
- - In rare cases, information transmitted may not be sufficient such as poor resolution of images or incomplete data;
- - Delays in rendering of the Second Opinion could occur due to failures of the electronic equipment;
- - In rare cases, a lack of access to all of your medical records may result in judgment errors;
- - Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of the privacy of personal health information; or
- - From time to time, WelbyMD may update its software, systems, programs and technology, which may result in service interruption and system changes.
- - In the case that you selected a Radiologist with a subspecialty that may not be suitable for interpreting your particular image, then additional time maybe required to render a Second Opinion.
- VI. Acknowledgement
- - You understand that you may expect a Second Opinion on your diagnostic image from the use of WelbyMD, but that no results can be guaranteed or assured;
- - You understand that the laws that protect the privacy and security of health information apply to WelbyMD, and have read and accept WelbyMD’s Privacy Policies;
- - You understand that WelbyMD will provide your selected Radiologist with your personal identifying information, image as well as medical and health information in order for the Radiologist to render a Second Opinion on your preexisting image;
- - You are fully responsible for payment whether insurance coverage is provided or not for the Second Opinion read.
- - A Radiologist may refuse to provide a Second Opinion for any reason. In such instance, WelbyMD shall work with you to facilitate the selection of a new Radiologist or return your funds.
- - WelbyMD has a 100% satisfaction guarantee policy. If you are not satisfied with the Second Opinion you obtained for any reason, we will refund your money.
- VII. Privacy
- VIII. IP Address
- IX. Cookies
- X. Registration
- XI. E-Commerce and E-Healthcare Transactions
- XII. Aggregate Information
- XII. Access Rights
- (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- (b) use the Site or the Platform to violate any local, state, national or international law;
- (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or the Platform;
- (d) distribute viruses or other harmful computer code through the Site or the Platform; or
- (e) otherwise use the Site or the Platform in any manner that exceeds the scope of use granted above.
- XIV. Fees and Purchase Terms
- XV. External Links
- XVI. Ownership
- XVII. Trademarks
- XVIII. Termination
- XIX. Amendments
- XX. Disclaimer Warranties
- XXI. Limited Liability
- XXII. Indemnification
- XXIII. Geographical Restrictions
- XXIV. Miscellaneous
- (1) by e-mail, using the address that you provided to us during registration,
- (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration
- (3) push notifications on your mobile device or
- (4) by posting Communications on the Site.
- XXV. Disclosures
- XXVI. Business Transfers
- XXVII. Public Forum
- XXVIII. Security
- XXVIV. HIPAA
- XXX. Choice/Opt-in/Removal of Information
The diagnostic image reads offered on the Platform are for the sole purpose of obtaining a second opinion. It is your responsibility to obtain an initial read on your diagnostic image. You may not rely on the second opinion rendered by a Radiologist without consulting with your primary care physician or treating medical provider.
WelbyMD does not practice medicine or any other licensed profession. Each Radiologist providing a second opinion on your diagnostic image is an independent professional solely responsible for the second read rendered by the Radiologist.
Furthermore, WelbyMD does not interfere with the professional judgment of the Radiologist. Neither WelbyMD nor any third-party promoting the Site or the Platform shall be liable for any second opinion you obtain from a Radiologist through WelbyMD.
The second opinion is intended for care and diagnosis and cannot be used in any legal action or proceeding of any kind; including but not limited to medical malpractice, professional liability or worker’s compensation.
None of the Site or the Platform content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate or effective for you.
WelbyMD is an online radiology allowing Users and Radiologist to connect for the purpose of a Second Opinion read of a pre-existing diagnostic image. To become a User, you are required to create an account, provide personal identifying information, upload diagnostic images, and disclose medical or health history. You have the option of selecting your Radiologist under the terms explained below. Once you select a Radiologist from the list available on the Platform, you will be asked to consent to the release of your information to the selected Radiologist. The Radiologist then has 24 hours to accept or reject the referral. If the Radiologist does not accept the case, WelbyMD shall work with you to facilitate the selection of a new Radiologist or return your funds.
The second opinion is NOT intended to replace a primary opinion nor be relied upon without consultation with your treating medical provider or primary care physician. You should seek emergency help or follow-up care when recommended by your treating provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
WelbyMD strives to provide advanced technological means to facilitate a secure connection between you and a Radiologist listed on WelbyMD’s Network. As with any advanced technologies or Internet based services, there are potential risks associated with the use of the Site and the Platform. These risks include, but may not be limited to:
We at WelbyMD recognize your right to confidentiality and are committed to protecting your privacy. WelbyMD operates under the following set of strict privacy principles:
The only information WelbyMD obtains about individual visitors to its Site is that supplied voluntarily by visitors. In cases when WelbyMD may need personal information to provide visitors with customized content or to inform them about new features or services, visitors are explicitly asked for that information. Personally identifiable information provided by visitors (name, email or home address, etc.) will not be disclosed to anyone unless visitors indicate that WelbyMD may do so.
Only statistical information about our visitors as a group (usage habits, demographics) may be shared with any partner of WelbyMD. Personally identifiable information will not be shared at any time without the visitor's permission. WelbyMD employs strict security measures to safeguard on-line transactions; personal information is stored in a secured database.
An IP address is the number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. WelbyMD collects IP addresses in order to conduct system administration, report aggregate information and to conduct site analysis
If a visitor requests pages from WelbyMD, the WelbyMD servers enter the visitor's IP address into a log. To maintain visitor anonymity, WelbyMD does not associate IP addresses with records containing personal information. However, we will use IP addresses to identify any visitors who refuse to comply with our rules or terms of service, to identify visitors who threaten our service, Site, Platform, customers or others, to enforce our legal rights or when required to do so by law enforcement authorities.
To gain access to certain portions of our Site a user may be required to provide contact information such as name, email address, ZIP code, sex, age or income level. This information is only collected with your permission and on a voluntary basis. The customer's contact information is used to contact the visitor when necessary. Demographic and profile data are also collected at our Site. We use this data to tailor the visitor's experience at our Site, showing the visitor content that reflects his or her stated preferences.
Some WelbyMD Site features may use applications to collect data to facilitate an e-commerce or e-health care transaction. We will ask your explicit permission to transfer this data to the third-party to facilitate this transaction. Specifically, you will be asked to consent to the release of your information to the provider of your choice in order to obtain a second opinion regarding a diagnostic image.
WelbyMD may store this information to verify the transaction for customer service and accounting reasons and may use this information to help personalize your experience on the Site and Platform. WelbyMD may also share this information with other third-parties on an aggregate basis, but it does not indicate the identity of individual users.
With your permission, WelbyMD may send you informational emails or surveys. In addition, the Site provides you with the opportunity to receive communications from third-parties or us. Specifically, by signing to your Account you would be able to retrieve messages and diagnosis from your selected Radiologist. To stop receiving communications, see the Removal of Information section below.
Please be aware that the Internet and email communications are not confidential. It is possible that information transmitted via email may be read or obtained by other parties.
WelbyMD may provide its partners and entities with which it has a business relationship, general traffic, site usage and length of stay information. This sort of information is shared only on an aggregate basis and does not personally identify you. For instance, DocPanel may tell one of its advertisers that X number of men visited a certain area of the Site, but DocPanel will not disclose anything that could be used to identify those individuals.
We reserve the right, in our sole discretion, to deny or suspend use of the Site or the Platform to anyone for any reason. You agree that you will not attempt to:
In addition, you agree to refrain from abusive language when communicating with Radiologists through WelbyMD Site or the Platform and to refrain from contacting Radiologists for services outside of the Site or the Platform.
WelbyMD is not responsible for any interactions with Radiologists that are not conducted through the Site or the Platform. We strongly recommend that you do not use the Site or the Platform on public computers. We also recommend that you do not store your Account password through your web browser or other software.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing WelbyMD with your credit card number or PayPal account and associated payment information, you agree that WelbyMD is authorized to immediately invoice your account for all fees and charges due and payable to WelbyMD hereunder and that no additional notice or consent is required.
In order to provide visitors with greater value, WelbyMD may provide links to various third-party sites. However, even if a third-party affiliation exists between WelbyMD and that destination site, WelbyMD exercises no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. WelbyMD does not disclose personally identifiable information to those operating these linked sites. WelbyMD assumes no responsibility or liability for these independent methods or actions and is not responsible for the independent policies or procedures of destination sites.
Similarly, WelbyMD cannot take responsibility for the privacy initiatives or the content of such sites. These destination links are provided only for your convenience, and as such you access them at your own risk. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.
However, WelbyMD wishes to ensure the integrity of the Site and its destination links, so any comments pertaining to the WelbyMD Site or any sites accessed through links are greatly appreciated.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Our online surveys and questionnaires may ask visitors for contact and demographic information. If you agree to participate in any surveys, you will be asked to review and accept certain additional terms and conditions relating to the use of the information you furnish. These Terms and Conditions are in addition to the Privacy Policies set forth herein, including sharing such personally identifiable information with market research firms with which we have a business relationship. Additionally, the customer's contact information is used to contact the visitor when necessary.
The Site, the Platform and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the WelbyMD, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain of the names, logos, and other materials displayed on the Site or the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of WelbyMD or other entities. You are not authorized to use any such Marks without the express written permission of WelbyMD. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
WelbyMD may suspend or terminate your use of the Platform, Site, your Account and/or registration for any reason at any time. Subject to applicable law, DocPanel reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, WelbyMD will have no further obligation to provide the Second Opinion reads.
WelbyMD has a 100% satisfaction guarantee policy. If you are not satisfied with the Second Opinion you obtained for any reason, we will refund your money.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE PLATFORM IS AT YOUR SOLE RISK. THE SITE, THE PLATFORM AND THE SECOND OPINIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You Expressly Agree that the Second Opinion is intended for care and diagnosis and cannot be used in any legal action or proceeding of any kind; including but not limited to medical malpractice, professional liability or worker’s compensation.
WELBYMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
WelbyMD does not employ any Radiologists who render Second Opinion on a preexisting image. Rather, all of the Radiologists on the Site or the Platform are independent medical practitioners who use the Site or the Platform as a way to communicate with you. Any information or advice received from a Radiologist comes from them alone, and not from WelbyMD. Your interactions with the Radiologists via the Site or the Platform are not intended to take the place of your relationship with your regular health care practitioners. Neither WelbyMD, nor any of its subsidiaries or affiliates or any third-party who may promote the Platform or provide a link to the Platform, shall be liable for any professional advice obtained from a Radiologist via the Platform.
WelbyMD does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Radiologists who may use WelbyMD to communicate with you. You acknowledge that your reliance on any Radiologist’s Second Opinion or information provided by the Radiologist via the Platform is solely at your own risk and you assume full responsibility for all risks associated therewith.
You acknowledge and agree that WelbyMD does not provide medical advice, diagnosis, or treatment, and is strictly a technology Site or Platform and infrastructure for connecting Users with independent Radiologists in the WelbyMD network. You acknowledge and agree that the Radiologist using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the Second Opinion read and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of your treating provider or primary care physician, in their sole discretion and as they deem appropriate.
WelbyMD does not make any representations or warranties about the training or skill of any Radiologists who provide services via the Platform. You are ultimately responsible for choosing your Radiologist.
THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY WELBYMD IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND PLATFORM ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. WHILE WELBYMD FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH A RADIOLOGIST, WELBYMD DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP, IF ANY, IS BETWEEN YOU AND THE RADIOLOGIST YOU SELECT. ALL RADIOLOGISTS IDENTIFIED OR ACCESSIBLE ON THE PLATFORM ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH WELBYMD.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WELBYMD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless WelbyMD, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions.
In addition, you agree to indemnify, defend and hold harmless your selected Radiologist from and against any third-party claims resulting from your lack of adherence with the advice or recommendation(s) of your primary care provider or treating physician.
WelbyMD makes no representation that all products, services and/or material described on the Site and the Platform, or the Platform available through the Site and the Platform, are appropriate or available for use in locations outside the United States or all territories within the United States.
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Platform or Site (collectively, “Communications“) through electronic means including but not limited to:
The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery.
You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Platform.
WelbyMD devotes considerable effort to optimize signal strength and diagnosis deficiencies but is not responsible for the Internet or data bandwidth and signal of your mobile device.
All Radiologists on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees and have undergone post-doctoral training. You can report a complaint relating to services provided by a Radiologist by contacting the professional licensing board in the state where the services were received.
In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee.
You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts and governing psychology on the Association of State and Provincial Psychology Boards website at https://www.asppb.net/?page=BdContactNewPG.
Any clinical records created as a result of your use of the Site or the Platform will be securely maintained by DocPanel on behalf of your Radiologist for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
As we continue to develop our business, WelbyMD or substantially all of its assets may be acquired. In such a transaction, customer information will of course be one of the transferred business assets.
WelbyMD may provide its users with chat rooms, forums, message boards and/or news groups. Please remember that any information disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
The WelbyMD Site and Platform has proper administrative, physical, electronic and managerial security measures in place to protect the loss, misuse and alteration of the information under our control. WelbyMD employs strict security measures to safeguard on-line transactions; personal information is stored in a secured database.
WelbyMD is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. WelbyMD complies with the applicable provisions of HIPAA.
Our Site and Platform gives users the opportunity to opt-in to receive communications from us and our partners at which point where we request information about the visitor.This Site and platform also gives Users the following options for removing their information from our database in order to stop receiving communications or our service.