· As between Wound Healing Experts and you, you own any content you post to the Service.
· We will only use your content to the extent necessary to provide you with the Service.
· Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.
Physician-Patient Relationship Terms:
The doctor-patient relationship is valid until one of the following conditions is met:
· An online consultation is completed and a diagnosis is rendered and there is no need for either an online or in person follow up visit.
· An online consultation is completed and the patient is requested to be seen with an in-office follow up. At the time of request, it is the explicit responsibility of the patient and the patient alone to schedule the in-office visit. At the time of the in-office visit, a new doctor-patient relationship is initiated with that physician.
· If the Wound Healing Experts dermatologist is removed from the Wound Healing Experts network
Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.
3. Services Offered.
(a) If you are a Patient: Wound Healing Experts provides a tele-medicine-based referral service wherein you (“Patient”), or your primary care physician (“PCP”), on your behalf and with your consent, submits your applicable medical records via the Site and Wound Healing Experts matches you with a dermatologist who reviews your medical records, provides a diagnosis and any necessary prescription(s) and provides any necessary follow-up steps. You acknowledge that the dermatologist you are matched with may decline to treat you and/or may decline to prescribe you a prescription for your medical condition.
(b) If you are a primary care physician (“PCP”): Wound Healing Experts provides a free tele-medicine-based referral service wherein you (“PCP”) submit the patient’s contact information and any applicable medical records via the Site and Wound Healing Experts matches the patient with a dermatologist who reviews the patient’s medical records, provides a diagnosis and any necessary prescription(s) and provides any necessary follow-up steps. Wound Healing Experts will notify you when the dermatologist issued a diagnosis for the patient you referred.
(c) If you are a dermatologist: Wound Healing Experts provides a free tele-medicine-based referral service wherein you (“Dermatologist”) are matched with a patient and review the patient’s applicable medical records and provide a diagnosis and any necessary prescription(s) and provides any necessary follow-up steps.
(a) If you are a Patient: You authorize your PCP to submit your personal information, including your medical records and electronic protected health information (“PHI”), to the Site. You authorize Wound Healing Experts to electronically store your personal information and to provide that information to a dermatologist for medical review. Wound Healing Experts will match you with a dermatologist that accepts your health insurance policy and is located within the distance from your zip code that you specified. You authorize the dermatologist to submit your diagnosis, treatment plan, prescription and follow-up steps via the Site and also authorize Wound Healing Experts to electronically store that information.
You authorize Wound Healing Experts ’ participating providers and/or their staff to contact you via email and phone, and acknowledge that they may leave a message on your phone’s messaging system. You acknowledge that these messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages.
(b) If you are a primary care physician (“PCP”): You authorize Wound Healing Experts to electronically store your personal information including your name, address, telephone number, email address, and professional registration. You can amend your personal information should an adjustment be required.
(c) If you are a dermatologist: You authorize Wound Healing Experts to electronically store your personal information including your name, address, telephone number, email address, and professional registration. You can amend your personal information should an adjustment be required.
(a) If you are a Patient: You must not make any misrepresentations in the information you provide to us or that you have your PCP provide to us. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service may be affected and may result in ineffective treatment, misdiagnosis or harm to you. You understand that the Service should never be used for urgent matters. Wound Healing Experts will make commercially reasonable efforts to assign your case to a dermatologist within one day but cannot guarantee that your case will be reviewed and that a diagnosis and any necessary prescriptions will be issued within a specific time frame. You understand that for urgent matters you should seek emergency care. Please note that this telemedicine evaluation cannot identify skin cancers or lesions in areas we have not reviewed. We recommend at least one in-office total body skin exam to identify lesions and educate you.
It is your responsibility to contact Wound Healing Experts if you do not understand or do not agree with the diagnosis received by a dermatologist through the Service. It is your responsibility to discontinue use of any prescription prescribed through the Service if you experience any adverse reaction. It is your responsibility to seek additional care if the treatment prescribed by a dermatologist through Wound Healing Experts is not effective. If you experience any adverse reactions or your medical condition worsens, it is your responsibility to seek emergency care.
6. Accounts; Passwords; Security. You will need to register and create a personal account in order to use the Service. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, unless you are a parent or legal guardian setting up and maintaining an account for your child, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account (including any account(s) you maintain for your child(ren)). This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account.
Your total price may include taxes or other applicable fees that you are responsible for paying. Except as otherwise expressly specified, all payments are final. You may be presented with additional terms related to a specific payments before you confirm the transaction. Those additional terms will also govern that transaction.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify Wound Healing Experts immediately so that Wound Healing Experts may take action to attempt to prevent financial loss.
8. Submitted Information.
(a) If you are a Patient: You are solely responsible for any information you or your PCP submit on the Site on your behalf and the consequences such submission. A non-exhaustive list of possible information that you may submit includes all applicable personal information, medical information and records and photographs and images of your wound condition.
You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms.
Wound Healing Experts reserves the right to access any and all clinical case material for use in quality control studies and for analysis of telemedicine cases. This sensitive patient health information will be maintained in a HIPAA secure environment and viewed only by our quality control physicians.
9. Proprietary Rights. Wound Healing Experts and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and content included in the Service (other than your personal information). If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to Wound Healing Experts all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
10. How to Communicate with Us. If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support), you should contact us through our customer support department.
11. Availability. You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Wound Healing Experts , in its sole discretion, may elect to take. Under no circumstances will Wound Healing Experts be held liable for any damages due to such interruptions or lack of availability.
12. Links to Other Sites. The Service may contain links to other websites that we do not own or control. We are not responsible for any of these other websites. You agree that we are not responsible for any aspect of these other websites, including their content, privacy policies or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
13. Warranty Disclaimer. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. WOUND HEALING EXPERTS AND OUR AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WOUND HEALING EXPERTS AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE, ANY CONTENT OR DATA OR THAT WOUND HEALING EXPERTS WILL FIX ANY ERRORS. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND WOUND HEALING EXPERTS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, WOUND HEALING EXPERTS AND OUR AFFILIATES, SUPPLIERS AND PARTNERS AND OUR AND THEIR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS AND LICENSORS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR UNAUTHORIZED ACCESS OF YOUR USER CONTENT OR LOSS OF REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE OUR SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WOUND HEALING EXPERTS ’ LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT YOU HAVE PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING A CLAIM OR ONE HUNDRED DOLLARS ($100).
Wound Healing Experts will hold harmless any medical provider for any hardships that are encountered from a technical failure of the Wound Healing Experts software. This is limited to a security breach, website malfunction, incomplete transfer of patient supplied information, and problems with photo quality prior to diagnosis. It is however, the duty of the medical provider to inform both Wound Healing Experts and the patient if a photo is not of sufficient quality to render an accurate diagnosis and either request an updated photo or an in-office follow-up appointment.
17. Additional Terms. Portions of the Service may be accompanied by additional terms that apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND WOUND HEALING EXPERTS SPECIFICALLY AGREE TO DO SO IN WRITING.
19. Notices to You; Consent to Receive Electronic Communications. Notices to you may be sent via email or provided through the Service by displaying links to notices generally on the Site.
· Disclosures or notices provided in connection with the Service, including any required by federal or state law (including initial disclosures, periodic statements, initial and revised privacy notices, opt-out notices and change-in-terms notices).
· Any other communication related to the Service.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on the Site, whether or not you have received the email or retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by Wound Healing Experts ’ email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with Wound Healing Experts if your email address changes so that Wound Healing Experts may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, Wound Healing Experts will be deemed to have provided the Communication to you.
In order to access and retain Communications, you must have:
· a computer with an Internet connection;
· a current web browser that includes 256-bit encryption (e.g., Internet Explorer version 9.0 and above, Firefox version 8.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
· a valid email address (i.e., your primary email address on file with Wound Healing Experts ); and
· sufficient storage space to save past Communications or an installed printer to print them.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account and stop using the Service. There are no fees to close your account.
Patient Consent for Telemedicine Services
Telemedicine is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location. Providers may include primary care practitioners, specialists, and/or subspecialists. Electronically transmitted information may be used for diagnosis, treatment, follow-up, and/or patient education, and may include any of the following:
· Patient medical records
· Medical images
· Interactive audio, video, and/or data communications and/or
· Output data from medical devices, sound and video files.
· The interactive electronic systems used incorporate network and software security protocols to protect the confidentiality of my patient information and my imaging data and include measures to safeguard the data and to aid in protecting against intentional or unintentional corruption.
· Improving access to specialized medical care by enabling me to remain in my physician’s office while my physician obtains test results and consults with a distant specialist at a remote location.
· Obtaining the expertise of a distant specialist.
· As with any medical procedure, there may be potential risks associated with the use of telemedicine. These risks include, but may not be limited to:
· Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by my physician and a distant specialist.
· My distant specialist may not be able to provide medical treatment to me using telemedicine equipment nor provide for or arrange for any emergency care that I may require.
· Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment.
· Security protocols could fail, causing a breach of privacy of my confidential medical information.
· A lack of access to complete medical records may result in errors in medical judgment.
I read, understand and agree to the following:
· The laws that protect the privacy and confidentiality of medical information also apply to telemedicine. Information obtained during a telemedicine encounter, which identifies me, should not be disclosed to any third party without my consent except for the purposes of treatment, payment, and healthcare operations.
· Telemedicine may involve electronic communication of my confidential medical information to other medical providers who may be located in other areas, including out-of-state.
· I understand that other individuals other than my physician and the distant specialist may also be present and have access to my medical information during the consultation in order to operate the video equipment, should such equipment be utilized.
· I understand that some parts of the exam involving physical tests may be conducted by individuals at my location at the direction of the distant specialist.
· In an emergent consultation, I understand that the responsibility of the distant specialist is to advise my physician and that the responsibility of the distant specialist will conclude upon the termination of the video conference connection.
· I have the right to withhold or withdraw my consent to the use of telemedicine during the course of my care at any time. I understand that my withdrawal of consent will not affect any future care or treatment, nor will it subject me to the risk of loss or withdrawal of any health benefits to which I am otherwise entitled.
· I have the right to inspect all information obtained and recorded during the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee. Such inspection and copying of records shall be subject to my physician’s or distant specialist’s office policies and procedures.
· I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
· I understand that my condition may require a referral to a specialist for further evaluation and treatment.
· A variety of alternative methods of medical care may be available to me, and I may choose one or more of these at any time. My physician has explained the alternative care methods to my satisfaction.
Patient Consent To The Use of Telemedicine
I have read and understand the information provided above regarding telemedicine, have discussed it with my physician and all of my questions have been answered to my satisfaction. I hereby give my informed consent for the use of telemedicine in my medical care. I hereby consent to and authorize the Wound Healing Experts network dermatologist to use telemedicine in the course of my diagnosis and treatment.