Effective as of April 16, 2020

Terms of Service

Welcome to mymedicalimages.com. mymedicalimages is a cloud-based, zero footprint, SaaS that enables our users to view, share, and manage their medical images. Since our product is cloud-based, you can access it through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.

This document, the mymedicalimages Terms of Service (“Terms”), outlines the Terms regarding your use of our product.  These Terms are a legally binding contract between you and mymedicalimages.com, LLC , so please read carefully.  If you do not agree with these Terms, do not register or use any of the Services.

By using, accessing or browsing the mymedicalimages.com Service, platform and products including applications, mobile, software, websites or other properties owned or operated by mymedicalimages.com, LLC or by registering for a mymedicalimages account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by mymedicalimages.com, LLC (“mymedicalimages.com, LLC” or “we”).

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to mymedicalimages.com, LLC 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.

Changes to These Terms

We reserve the right to modify these Terms. We will post the most current version of these Terms at www.mymedicalimages.com (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing support@mymedicalimages.com. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.

Your Account

Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with mymedicalimages.com, LLC you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.
mymedicalimages.com may use various methods including telephone calls, E-mail confirmations, and etc. to verify all accounts.

You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy). Only you may use your mymedicalimages account and you are responsible for your account. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact mymedicalimages Support via email at support@mymedicalimages.com.

Acceptable Use Policy

You agree you will not, nor will you encourage others or assists others, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or mymedicalimages.com and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by mymedicalimages.com) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.

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 mymedicalimages.com, LLC 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 mymedicalimages.com, LLC ‘s products and services.

Content

We call all the electronic files that you upload and store on your account “Content”. All Content uploaded by you into your account is yours! We do not control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content you place in your mymedicalimages account(s) and share through the Services and (b) making sure that you have all the rights you need to the Content. In addition, by storing, using or transmitting Content you cannot and will not violate any law or these Terms (please also see our Acceptable Use Policy).

You agree to provide mymedicalimages.com,LLC (as well as agents or service providers acting on our behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.

Confidential Information

Confidential information is handled in accordance with our Privacy Policy.

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 account is suspended or terminated, you will continue to have access to the current Content that is stored with the Services for a minimum of three (3) years from the suspension or termination date. However, some aspects of the Service may be disabled upon suspension or termination.

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.

mymedicalimages.com, LLC 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 and mymedicalimages.com,LLC Confidential Information belong to mymedicalimages.com,LLC.

mymedicalimages.com,LLC 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 and mymedicalimages.com,LLC Confidential Information. No title to or ownership of any proprietary rights related to the Services or mymedicalimages.com,LLC Confidential Information is transferred to you pursuant to these Terms.

No Warranty or Conditions

TO THE EXTENT NOT PROHIBITED BY LAW, MYMEDICALIMAGES.COM, LLC 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 MYMEDICALIMAGES.COM, LLC, 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 MYMEDICALIMAGES.COM, LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF MYMEDICALIMAGES.COM, LLC AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO ONE AND A HALF (1.5) TIMES THE MOST RECENT YEARLY FEE THAT YOU PAID FOR THAT SERVICE. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.  IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

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 mymedicalimages.com,LLC will be governed by the laws of the State of Florida, 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 Palm Beach County, Florida USA and we each agree to personal jurisdiction in those courts.  However, you agree that mymedicalimages.com,LLC 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 mymedicalimages.com,LLC, shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of laws rules.

Fees

mymedicalimages.com,LLC offers both free and paid Services.  If you choose to subscribe to a paid Service, you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service. You will pay the Fees in the currency mymedicalimages.com,LLC quoted at the time of purchase. mymedicalimages.com,LLC reserves the right to change the eligible currencies at any time.

mymedicalimages.com,LLC reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration.  After the offer period ends, your use of the Service will be charged at the then-current Fee(s).  If you don’t agree to these changes, you must stop using the Service and cancel via email to support@mymedicalimages.com (with cancellation confirmation from a mymedicalimages representative).  If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period.  We will charge your credit card on file with us on the first day of the renewal of the subscription period.

Billing/Payment

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information).  You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose.  We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis.  If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term.  You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

Subscription Period

The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel.

 

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.

Government Terms. If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the mymedicalimages.com,LLC Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

Informed Consent for Telemedicine Services

Telemedicine involves the use of electronic communications (telephone, computer, etc.) to enable health care providers (doctors, nurses, physician assistants, and others) at a different location from the patient to share medical information with that patient for the purpose of improving access to patient care.  The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:

•     Patient medical records

•     Medical images

•     Live two-way audio and video

•     Output data from medical devices and sound and video files

The electronic systems used will attempt to incorporate security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against corruption.

Expected Benefits

Improved access to medical care by enabling a patient to remain in his/her location
while the healthcare provider provides medical information from a distant site

Limiting the spread of COVID-19 and other communicable diseases

Ability to obtain consultation from a distant medical specialist without traveling

Conservation of personal protective equipment (PPE) such as gloves and masks to reduce shortages for healthcare providers

Allow medical evaluation and management of patients who are unable to travel

Possible Risks

As with any medical procedure, there are risks associated with the use of telemedicine.

These risks include, but may not be limited to:

•     Information transmitted may not be sufficient to allow for appropriate medical decision making by the health care provider. For instance, certain parameters of the eye examination cannot be tested remotely, such as eye pressure. In addition, there may be poor resolution of images. This may cause a delay in medical evaluation and treatment.

•     Security protocols could fail, causing a breach of privacy of personal medical
information.

•     A lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other medical errors.

PATIENT’S ACCEPTANCE OF RISKS

By agreeing to these terms of service, I understand that:

The laws that protect privacy and the confidentiality of medical information also apply to telemedicine, and that no information obtained in the use of telemedicine will be disclosed to researchers or other entities without my consent.

I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.

I have the right to inspect all information obtained and recorded in the course of a telemedicine interaction and may receive copies of this information for a reasonable fee.

Telemedicine may involve electronic communication of my personal medical information to other medical practitioners located elsewhere, including out of state.

I understand that no results from the use of telemedicine can be guaranteed or assured.

Consent. You consent (agree) that:

•     You have read these terms of service including the explanation of informed consent, or someone has read it to you.

•     You understand the information in these terms of service including the explanation of informed consent.

•     A copy of these terms of service can be found at mymedicalimages.com/terms-of-service.