II. Second Opinion
The diagnostic image reads offered on the Platform are for the sole purpose of obtaining a 2nd opinion. It is your responsibility to obtain an initial read on your diagnostic image. You may not rely on the 2nd Opinion rendered by a Radiologist without consulting with your primary care physician or treating medical provider.
AlemHealth does not practice medicine or any other licensed profession. Each Radiologist providing a 2nd Opinion on your diagnostic image through AlemHealth is an independent professional solely responsible for the 2nd read rendered by the Radiologist. Furthermore, AlemHealth does not interfere with the professional judgment of the Radiologist. Neither AlemHealth nor any third-party promoting the Site or the Platform shall be liable for any 2nd Opinion you obtain from a Radiologist through AlemHealth.
The 2nd Opinion is intended for care and diagnosis and cannot be used in any legal action or proceeding of any kind; including but not limited medical malpractice, professional liability or worker’s compensation.
III. Site Content
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.
IV. User Account
When you register on the Site or the Platform, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by AlemHealth (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Site or Platform. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You agree that you are the lawful owner of the information provided or you have legal or valid authorization to share the same. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for minors or disabled individuals of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. AlemHealth reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site, the Platform and your Account Information. In no event and under no circumstances shall AlemHealth be held liable to you for any injuries or damages resulting therefrom or arising out of your use of the Site or the Platform, your use of the Account Information or your release of the Account Information to a third-party. You may not use anyone else’s account at any time.
V. Informed Consent
AlemHealth is an online radiology marketplace allowing Users and Radiologist to connect for the purpose of a 2nd Opinion read of a preexisting 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. Once you select a Radiology provider from the list available on the Platform, you 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, AlemHealth shall work with you to facilitate the selection of a new Radiologist or return your funds.
The 2nd 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.
AlemHealth strives to provide advanced technological means to facilitate a secure connection between you and a Radiologist listed on AlemHealth’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:
In rare cases, information transmitted may not be sufficient such as poor resolution of images or incomplete data;
Delays in rendering of the 2nd 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 privacy of personal health information; or
From time to time, AlemHealth 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 may be required to render a 2nd Opinion.
You understand that you may expect a 2nd Opinion on your diagnostic image from the use of AlemHealth, 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 AlemHealth, and have read and accept AlemHealth’s Privacy Policies;
You understand that AlemHealth 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 2nd Opinion on your pre-existing image;
You are fully responsible for payment whether insurance coverage is provided or not for the 2nd Opinion read.
A Radiologist may refuse to provide a 2nd Opinion for any reason. In such instance, AlemHealth shall work with you to facilitate the selection of a new Radiologist or return your funds.
We at AlemHealth recognize your right to confidentiality and are committed to protecting your privacy. AlemHealth operates under the following set of strict privacy principles:
The only information AlemHealth obtains about individual visitors to its Site is that supplied voluntarily by visitors. In cases when AlemHealth 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 AlemHealth may do so.
Only statistical information about our visitors as a group (usage habits, demographics) may be shared with any partner of AlemHealth. Personally identifiable information will not be shared at any time without the visitor's permission. AlemHealth employs strict security measures to safeguard on-line transactions; personal information is stored in a secured database.
The following discloses our information gathering and dissemination practices for this Site.
IX. IP Address
An IP address is a 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. AlemHealth collects IP addresses in order to conduct system administration, report aggregate information and to conduct site analysis. If a visitor requests pages from AlemHealth, the AlemHealth servers enter the visitor's IP address into a log. To maintain visitor anonymity, AlemHealth does not associate IP addresses with records containing personal information. However, AlemHealth will use IP addresses to identify any visitors who refuse to comply with AlemHealth's 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, gender, age or residence. 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.
XII. E-Commerce and E-Healthcare Transactions
Some AlemHealth 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 second opinion regarding a diagnostic image.
AlemHealth 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 AlemHealth Site and Platform. AlemHealth may also share this information with other third-parties on an aggregate basis, but it does not indicate the identity of individual users.
See the External Links section below for additional disclaimers regarding third-party sites.
With your permission, AlemHealth 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 Radiology providers. To stop receiving communications, see the Removal of Information section below.
Please be aware that Internet and email communications are not confidential. It is possible that information transmitted via email may be read or obtained by other parties.
XIII. Aggregate Information
AlemHealth 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, AlemHealth may tell one of its advertisers that X number of men visited a certain area of the Site, but AlemHealth will not disclose anything that could be used to identify those individuals.
XIV. Access Rights
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: (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. In addition, you agree to refrain from abusive language when communicating with Radiologists through AlemHealth Site or the Platform and to refrain from contacting Radiologists for services outside of the Site or the Platform. AlemHealth 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.
XV. Fees and Purchase Terms
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 AlemHealth with your credit card number and associated payment information, you agree that AlemHealth is authorized to immediately invoice your account for all fees and charges due and payable to AlemHealth hereunder and that no additional notice or consent is required.
XVI. External Links
In order to provide visitors with greater value, AlemHealth may provide links to various third-party sites. However, even if a third-party affiliation exists between AlemHealth and that destination site, AlemHealth exercises no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. AlemHealth does not disclose personally identifiable information to those operating these linked sites. AlemHealth 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, AlemHealth 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, AlemHealth wishes to ensure the integrity of the AlemHealth Site and its destination links, so any comments pertaining to the AlemHealth Site or any sites accessed through AlemHealth links are greatly appreciated. Email us at info@AlemHealth.com and please reference the site address and page that you found the link on.
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 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 AlemHealth, 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 AlemHealth or other entities. You are not authorized to use any such Marks without the express written permission of AlemHealth. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to info@AlemHealth.com. AlemHealth 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, AlemHealth 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, AlemHealth will have no further obligation to provide the 2nd Opinion reads.
XXI. Disclaimer Warranties
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 2nd Opinion is intended for care and diagnosis and cannot be used in any legal action or proceeding of any kind; including but not limited medical malpractice, professional liability or worker’s compensation.
ALEMHEALTH 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.
AlemHealth does not employ any Radiologists who render 2nd 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 AlemHealth. 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 AlemHealth, 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. AlemHealth does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Radiologists who may use AlemHealth to communicate with you. You acknowledge that your reliance on any Radiologist’s 2nd 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 AlemHealth 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 AlemHealth network. You acknowledges and agree that the Radiologist using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the 2nd 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.
AlemHealth 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 HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY ALEMHEALTH 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 ALEMHEALTH FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH A RADIOLOGIST, ALEMHEALTH 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 ALEMHEALTH.
XXII. Limited Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ALEMHEALTH 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 AlemHealth, 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.
XXIV. Geographical Restrictions
AlemHealth 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.
By accessing this Website, you agree that final and binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Website T&Cs, the Website (including your visit to or use of the Website) or the Website Functions, except to the extent that either you or AlemHealth have in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
The reference to arbitration in these Website T&Cs shall be a submission to arbitration within the meaning of the Arbitration Act (Cap. 10) for the time being in force in Singapore. Such arbitration shall be conducted in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this Clause, except in so far as such Rules conflict with the express provisions of this Clause, in which event the provisions of this Clause will prevail.
The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of one (1) arbitrator to be appointed by mutual agreement between you and AlemHealth. Any party may propose to the other(s) the name or names of one (1) or more persons, one (1) of whom would serve as the arbitrator. If no agreement is reached within thirty (30) days after receipt by one (1) party of such a proposal from the other, the arbitrator shall be appointed by the President of SIAC. The arbitrator must not be a present or former employee or agent of, or consultant or counsel to, any party or any related corporation as defined in Section 6 of the Companies Act (Cap 50) of any party.
Any decision or award of an arbitral tribunal appointed pursuant to this Clause will be final and binding on both you and AlemHealth and the execution thereof may be entered into any court having jurisdiction.
You undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating there to confidential.
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: (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 the Communications on the Site. 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.
AlemHealth devotes considerable effort to optimizing 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 or countries 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 or country 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 http://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 AlemHealth 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.
XXVII. Business Transfers
As we continue to develop our business, AlemHealth 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.
XXVIII. Public Forum
AlemHealth 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 AlemHealth 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. AlemHealth employs strict security measures to safeguard on-line transactions; personal information is stored in a secured database.
AlemHealth is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. AlemHealth complies with the applicable provisions of HIPAA.
XXXI. Choice/Opt-in/Removal of Information
Our Site and Platform give 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 give Users the following options for removing their information from our database in order to stop receiving communications or our service.
You can send email to: info@AlemHealth.com