Terms Of Use

Terms of Use and Privacy Practices

This Agreement (“Agreement”) and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Website and the services located at www.welbymd.com (“website”) and all affiliated websites owned, operated, licensed or controlled by WelbyMD.

PLEASE READ THIS AGREEMENT CAREFULLY AS THIS GOVERNS YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.

You accessing and using the Site creates a binding and enforceable legal agreement between you - the Site User, and the Company and signifies your acceptance and consent to be bound by the terms and conditions contained in this agreement.

This Website provides a web-based service that allows you to obtain online second opinion radiology reports. You represent and warrant that any information you provide is true, correct, accurate and complete, to your knowledge.

Disclosure of Medical Information

WelbyMD takes the protection of the privacy of your medical records and personal information very seriously. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws.

By accessing this site, you acknowledge disclosing medical information to the website for the purposes of obtaining a second opinion conducted by subspecialty radiologists associated with WelbyMD.

In addition, you authorize the Company and their respective doctors, physicians, employees, contractors, business associates and agents to access, review, research, analyze, discuss and copy your medical and personal information as may be necessary to provide a second opinion as per your request.

The use of your medical information will not exceed the stated purpose unless you authorize and direct such additional disclosure(s).

Our second opinion report will be sent to the individual authorized by you. This authorization is immediate and you have the right to receive a copy of this authorization directly from the Company upon request.

You may cancel your consent at any time by written notice to the Company.

Electronic Security Measures

Communication between your computer and our servers are encrypted using standard industry-specific SSL Technology, equivalent to online banking systems.

Access to your personal data is restricted and only personnel who are connected to your case (physicians, employees, agents, business associates, researchers) are allowed to view the data or information. Physical access to our data is highly restricted and monitored.

Relying On Second Opinion

You acknowledge that the second opinion radiology report is exclusively for the purpose of obtaining a second opinion and should not in any form, shape or fashion constitute a diagnosis, medical advice, treatment, medical care or establish any doctor-patient relationship.

Furthermore, you understand that your treating physician(s) will remain solely responsible for your diagnosis, care, treatment and evaluation of the second opinion reports. Your physician shall directly communicate all the information to you as contained in the second opinion reports.

Payment of Fees

You acknowledge that you, your physician, your attorney-in-fact or any authorized individual acting on your behalf and those who are requesting the second opinion report are responsible for all fees charged by the Company for the services.

You understand that you or your authorized agent must pay these fees, in advance, and that it is your responsibility to pursue any third-party insurance reimbursement at your own expense.

You have been informed that you have the option to withdraw your consent for the second opinion report at any time. However, if you withdraw consent after payment is made, you will still be liable for the full amount. No amount will be refunded.

Release of Liability

You acknowledge and release the Company, its physicians, employees, contractors, business associates and/or agents from any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as a result of any and all uses of the services ,emtioned hereunder and any review, interpretation or analysis and/or reliance on any and all second opinion reports.

Storage of Medical Information

WelbyMD will store your personal and medical information, including, but not limited too, radiological images, for as long as necessary to render the second opinion report.

After the report is generated, tangible radiology films may be returned to you, provided you have: (i) requested the return of such films; and (ii0 pre-paid the cost of shipping and handling.

WelbyMD is Not responsible for storing, filing, or safe-keeping of any medical, personal or imaging information after a second opinion report has been generated or if the services have been terminated for any reason.

WelbyMD accepts no responsibility for any items, films or records which may be lost or stolen while being shipped to and from us.

License and Access

WelbyMD grants limited license to access and make personal use of www.welbymd.com and not to download, modify or alter it in any way.

This license does not include any resale or commercial use of www.welbymd.com or its contents; any collection and use of any advertisements, descriptions or prices.

Any downloading, copying of account information for the benefit of another merchant; or any use of data mining, robots or similar automated data gather and extraction tools is not included in the license.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WelbyMD without the express written consent.

Any unauthorized use terminates the permission of license granted by WelbyMD.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of WelbyMD so long as the link does not portray WelbyMD, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner.

You may not use any WelbyMD logo or other proprietory graphic or trademark as part of the link without express written permission.

To the extent, WelbyMD’s site contains links to outside services and resources, which it does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

Restrictions on Use

Unless otherwise mentioned, all materials, including images, illustrations, designs, icons, photograohs, video clips and written and other materials that are part of WelbyMD’s website(s) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by WelbyMD.

No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with express written consent of WelbyMD.

In additon, you shall not commit any of the following acts thorugh the use of WelbyMD’s website:

  • (a) Transmit any content that is invasive of another’s privacy or is otherwise objectionable,
  • (b) Use foul language or post links to adult-oriented content,
  • (c) Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail, spam, chain letters, pyramid schemes”, or any other form of unrequested solicitation,
  • (d) Post advertising messages or solicitations, RLs containing a referral code or referral address, or links to business or pages with advertising, including hidden referral links; or
  • (e) collect , store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or email.

Violations

In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give WelbyMD the right to immediately suspend or cancel its services and its business relationship, with the violator.

Changes to Policies and Procedures

WelbyMD reserves the right to at any time, with or without Notice, change, alter, modify or delete any of its policies, procedures, terms of service, website content, fees and/or notices.

Please check this Agreement periodically for changes.

Continued use of the Website following the posting of changes to this Agreement shall mean that you have read and accepted such changes.