Terms of Service
Acceptance of Terms
Welcome to radtothebone.com, a radiology consultation service operated by MetisMD, LLC (hereinafter “RTTB”). RTTB is a platform that allows users to receive a second opinion from an independent, objective radiology professional (“Service”) via submission of radiological scans through a secure portal established by mymedicalimages.com. The term “you” refers to the user of this Service. By using, accessing or browsing the RTTB platform and products (including applications, mobile, software, websites or other properties owned or operated by MetisMD, LLC or used in conjunction with mymedicalimages.com) you agree to be bound by these Terms of Service provided by RTTB (“Terms”). If you do not agree to these Terms please refrain from using this Service.
This document outlines the Terms regarding your use of our product. These Terms are a legally binding contract between you and RTTB, so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to RTTB that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate contract in effect with us, in which event the terms of that contract will govern your use of the Services.
Service Parameters
RTTB’s Service is strictly intended for licensed physicians and their authorized personnel (“Healthcare Professionals”) seeking evaluation of a “test case” or a second professional medical opinion. By using this Service, you agree that you qualify as a Healthcare Professional, as defined above, and that all radiological scans submitted through the secure portal on mymedicalimages.com have been previously evaluated by you. Any information delivered by RTTB should be used in conjunction with, and not a substitute for, your professional medical opinion.
RTTB does not provide any emergency medical services, advice, diagnosis or treatment. If you believe this is an emergency, please consult a local radiological professional immediately.
RTTB does not endorse any specific tests, physicians, procedures or opinions or other information mentioned as part of the Service. Reliance on advice provided by RTTB is solely at your own risk.
Changes to These Terms
We reserve the right to modify these Terms. We will post the most current version of these Terms at https://radtothebone.com (the “Site”). If we make material changes to these Terms, such changes will be posted to the Site. Your continued use of our Services after we publish our changes to these Terms means that you are consenting to the updated terms.
Acceptable Use Policy
You agree you will not, nor will you encourage or assist others to use, the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or RTTB and/or to build a similar service or website.
As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
Consent to Electronic Communications and Solicitation
By registering with RTTB or signing up for Services, you understand that we may send you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; and (c) promotional information and materials regarding RTTB’s products and services.
Content
We call all the electronic files that you upload “Content”. In providing our Services, we will only evaluate Content that is uploaded by you onto mymedicalimages.com. Such Content is also subject to the mymedicalimages.com Terms of Service (https://www.mymedicalimages.com/terms-of-service). We do not control, verify, or endorse the Content that you upload.
Suspension and Termination of the Service
We reserve the right to suspend or terminate your Service at any time in our sole discretion. You understand that if your Service is suspended or terminated, we will retain any Content provided by you to the extent permitted by U.S. federal or state law.
Updates to the Service
We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
RTTB Proprietary Rights
All contents of the Site and Services including, but not limited to, logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement belong to RTTB.
RTTB or its licensors own and reserve all right, title and interest in and to the Services, software, and other items used to provide the Services, other than the rights we expressly grant to you to use the Services. No title to or ownership of any proprietary rights related to the Services or is transferred to you pursuant to these Terms.
No Warranty or Conditions
TO THE EXTENT NOT PROHIBITED BY LAW, RTTB AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL RTTB, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF RTTB HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution and Governing Law
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use.
If you reside in the United States, you agree that the Terms, and your relationship with RTTB will be governed by the laws of the State of Illinois, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Cook County, Illinois U.S.A and we each agree to personal jurisdiction in those courts. However, you agree that RTTB can apply for injunctive remedies in any jurisdiction.
If you reside outside of the United States, you agree that the Terms, and your relationship with RTTB shall be governed by the laws of the State of Illinois, U.S.A. without regard to its conflict of laws rules.
General Terms
Severability; Entire Agreement
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, we will replace those Terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.
Waiver
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
HIPAA Privacy Notice
This notice describes how radtothebone.com (hereinafter “RTTB” or “we”) uses and discloses medical information that is protected health information and how individuals can get access to this information. Please review it carefully.
Rights
Any individual has the right to:
Get a copy of their paper or electronic medical record
Correct their paper or electronic medical record
Request confidential communication
Ask to limit the information we share
Get a list of those with whom we’ve shared their information
Get a copy of this privacy notice
Choose someone to act on their behalf
File a complaint if they believe their privacy rights have been violated
Choices
All individuals have choices in the way that we use and share information as we:
Tell family and friends about their condition
Provide disaster relief
Include the individual in a hospital directory
Provide mental health care
Market our services and sell the individual’s information
Raise funds
Uses and Disclosures
RTTB may use and share an individual’s information as we:
Run our organization
Help with public health and safety issues
Do research
Comply with the law
Respond to organ and tissue donation requests
Work with a medical examiner or funeral director
Address workers’ compensation, law enforcement, and other government requests
Respond to lawsuits and legal actions
Individual Rights
When it comes to health information, all individuals have certain rights. This section explains those rights and some of RTTB’s responsibilities
Get electronic or paper copies of medical records
Any individual can ask to see or get an electronic or paper copy of their medical record and other health information we have about them. Ask us how to do this.
We will provide a copy or a summary of the health information, usually within 30 days of a request. We may charge a reasonable, cost-based fee.
Ask us to correct a medical record
Any individual can ask us to correct health information that they think is incorrect or incomplete. Ask us how to do this.
We may say “no” to the request, but we will explain why in writing within 60 days.
Request confidential communications
Any individual can request a specific form of contact (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
Any individual can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to the request, and we may say “no” if it would affect the individual’s care.
If payment for a service or health care item is made out-of-pocket in full, we can refuse to share that information, upon an individual’s request, for the purpose of payment or our operations with their health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
Any individual can ask for a list (accounting) of the times we’ve shared their health information for six years prior to the date asked, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any individual requests made). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if another one is requested within 12 months.
Get a copy of this privacy notice
A paper copy of this notice is available at any time upon request, even if previously received electronically. We will provide a paper copy promptly.
Guardianship/Medical Power of Attorney
If an individual has given someone medical power of attorney or appointed them as their legal guardian, that person can exercise the individual’s rights and make choices about their health information.
We will verify this person has this authority and can act on the individual’s behalf before we take any action.
File a complaint
Any individual can file a complaint if they feel their rights have been violated by contacting us using the information on page 1.
A complaint may also be filed with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
We will not retaliate for filing of a complaint.
Choices
For certain health information, individuals can dictate what information we share. If a clear preference exists for sharing information in each of the situations described below, talk to us. Each individual should inform us of their preference and we will follow their instructions accordingly.
In these cases, any individual has both the right and choice to tell us to:
Share information with family, close friends, or others involved in their care
Share information in a disaster relief situation
Include their information in a hospital directory
If any individual is unable to tell us their preference, (e.g., in the case of unconsciousness), we may go ahead and share the information if we believe it is in that person’s best interest. We may also share information when needed to lessen a serious and imminent threat to health or safety
Unless written permission is given, we will never share information for the following:
Marketing purposes
Sale of information
Most sharing of psychotherapy notes
Uses and Disclosures
How does RTTB typically use or share health information? We typically use or share health information in the following ways.
Treatment
We can use health information and share it with other professionals who also treat the same individual.
Example: A doctor treating someone for an injury asks another doctor about that person’s overall health condition.
Run our organization
We can use and share health information to run our practice, improve care, and contact someone when necessary.
Example: We use health information to manage a person’s treatment and services.
*How else can RTTB use or share health information? * We are allowed or required to share information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share that information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
We can share individual health information for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share information for health research.
Comply with the law
We will share information if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests We can use or share health information:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
We are required by law to maintain the privacy and security of all individuals’ protected health information.
We will let every individual know promptly if a breach occurs that may have compromised the privacy or security of their information.
We must follow the duties and privacy practices described in this notice and provide each individual a copy of it.
We will not use or share information other than as described here and in our Privacy Policy unless an individual tells us we can in writing (such individual may also change their mind at any time by simply informing us in writing).
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have. The new notice will be available upon request, in our office, and on our web site.
Effective Date: March ___, 2019 Privacy Contact: [Insert name or title of the privacy official]
Privacy Policy
The operator of radtothebone.com, MetisMD, LLC (hereinafter “RTTB”), is committed to protecting patient privacy. This Privacy Policy describes how RTTB manages personal information when you use its services (as defined in the Terms of Use; the “Services”). All information utilized by RTTB in providing its Services will be managed and stored on mymedicalimages.com. The term “you” refers to the user of this Service and this Privacy Policy applies to the data collected by RTTB in providing those Services.
Data Security
RTTB utilizes mymedicalimages.com to access all information, including protected health information (“PHI”) and images, submitted by you. A detailed description of security measures may be found at https://www.mymedicalimages.com/privacy
How We Use User Data
We use user information collected through the Service and as described in this privacy statement. RTTB may access and/or disclose user information if we believe such action is necessary to: (a) comply with the law or formal legal process served on RTTB; (b) protect and defend the rights or property of RTTB (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety and welfare of users of RTTB Services or members of the public.
Changes to this Privacy Policy
We may occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date at the bottom of the Privacy Policy. For material changes to this Privacy Policy, we will notify you by placing a prominent notice on the home page of radtothebone.com. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of the Services constitutes your agreement to this Privacy Policy and any updates.
Dispute Resolution
In the event of any controversy or claim arising out of or relating to this Privacy Policy, or a breach thereof, the parties hereto agree first to try and settle the dispute under the mediation rules of the International Centre for Dispute Resolution
www.icdr.org
, before resorting to arbitration, litigation, or some other dispute resolution procedure. Such Mediation shall take place in a mutually agreed upon location and shall be conducted by one arbitrator in the English language.
Contact Information
RTTB welcomes your comments regarding this Privacy Policy. If you have any questions or believe we have not adhered to the terms above, please contact us via email at
[Insert e-mail address]
Last Updated: March _ , 2019