Terms of Use
Please read these Terms of Use carefully before using the Site.
These Terms of Use govern your use of websites operated by the Assist Health Group Inc. (“COMPANY”) , including the website currently located at radiologyassist.com (collectively “Site” or “Sites”).
By using this site, you agree to these Terms of Use included herein and as updated from time to time. If you do not agree to these Terms of Use, you may not use the Site.
This Site Does NOT Provide Medical Advice
This site does not provide medical advice, nor recommend or endorse any of the health care providers responding to inquiries submitted through the site. COMPANY does not evaluate whether any response accessible through this site possesses the education, experience, licensing requirements or competency to provide health care required to meet your needs. COMPANY does not recommend or endorse any health care provider accessible through this site in any capacity. While this site matches health care providers who have indicated an ability to assist you at an affordable rate with your health care needs, the selection of a health care provider and the evaluation of the provider’s ability to fully and competently meet your needs is your decision for which you assume all responsibility. Reliance on any information obtained from the use of this site or from any of the health care providers accessed through this site is solely at your own risk.
The content of this site, including all text, graphics, images, information and other material (“Content”) contained on the site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician if you have questions about your health. The Content is for general informational purposes only and is not to be taken as medical advice or treatment information. WHILE COMPANY STRIVES EARNESTLY TO UPDATE THE CONTENT, ANY INDIVIDUAL USE AND/OR RELIANCE ON THE CONTENT IS AT YOUR OWN RISK.
Use of the Site and Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by COMPANY and its applicable licensors. The Site is provided for your personal use only and is protected under both United States and foreign laws. Title to the Content remains with COMPANY or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
Exclusive online distribution channel. This website is the only website authorized to display COMPANY data, whether on its own or as part of a package. Websites may apply to enter into a written License Agreement with COMPANY, which permits such websites to access COMPANY’s price and information. You shall not export, extract, or otherwise scrape content on this website for any use other than in connection with scheduling of Services for yourself. By way of example, but not by way of limitation, you shall not: (i) index, store, re-share, or rehost COMPANY content outside the services; (ii) bulk download records, images; or (iii) copy and save location or pricing details.
Disclaimer of Liability of COMPANY and Its Licensors
The use of the site and its Content is at your own risk. COMPANY does not guarantee the accuracy of the Content. COMPANY disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the health care providers accessed through this site.
When using the site, information is transmitted over the Internet, a medium which is beyond the control of COMPANY. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.
The site and the Content are provided on an “as is” basis. COMPANY and its licencors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose.
Specifically, COMPANY makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.
- The satisfaction of government regulations requiring disclosure of information on medical services with regard to the Content contained on the site.
In no event will COMPANY be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any health care provider scheduled or accessed through this site, whether based on warranty, contract, tort, or any other legal theory and whether or not COMPANY is advised of the possibility of such damages.
In no event shall COMPANY, its licensors, or any third party(ies) mentioned on the site be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not COMPANY is advised of the possibility of such damages. COMPANY is not liable for any personal injury, including death, caused by the use or misuse of the site or the Content.
User Registration, Scheduling Requests and Submissions
User Registration, Appointment Requests and Submissions on COMPANY websites are free for Users and any personally identifiable information you submit to the Site is governed by the Site Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.
Limitation of Liability
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent COMPANY 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 COMPANY’s liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to indemnify, defend, and hold harmless COMPANY, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information or content you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account’s) use of the Site; (c) your (or anyone using your account’s) violation of these Terms of Use; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. COMPANY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with COMPANY in asserting any available defenses.
Modification to the Site
COMPANY reserves the right to modify or discontinue the Site with or without notice to you. COMPANY shall not be liable to you or any third party should COMPANY exercise its right to modify or discontinue the Site.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with or in any way relating to your use of the COMPANY site, resides in the Courts of State of Texas, and further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of Texas in connection with any dispute including any claim involving COMPANY or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the laws of the State of Texas, without respect to its conflicts of law principles. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Terms of User Changes
COMPANY may, in its sole and absolute discretion, change these Terms of Use from time to time. COMPANY will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services and other materials within the Site
INFORMED CONSENT AUTHORIZATION
COMPANY including Assist Health Group Inc (“we” or “us”) provide services to you, including matching you with a provider in your area (the “Services). For purposes of this Authorization, “Customer Data” means information about you that is collected by us in the course of providing the Services, including information submitted by you to us in the course of requesting the Services, and any information about your interest in certain medications, your health condition(s), your symptoms, and any prescriptions issued to you by the provider with whom you are matched by us, including whether such prescriptions were filled or refilled. Some or all of the Customer Data may be individually identifiable information that is subject to protection from disclosure under state or federal law or may be “Protected Health Information” subject to the protections HIPAA (the Health Insurance Portability and Accountability Act of 1996, as amended) against unauthorized use or disclosure. For purposes of this Authorization, “Partners” means Populus Media, pharmaceutical companies and marketing agencies with whom we have a financial relationship. You acknowledge and give express consent to the following uses and disclosures of “Customer Data”: (1) Marketing. We may disclose Customer Data to our Partners or otherwise use Customer Data for marketing and advertising activities, including but not limited to providing you with information about products or services offered by our Partners and our Partners are expressly authorized to use the Customer Data to market or promote products to you. (2) Sale. We may provide Customer Data to third parties for research, marketing, or any other lawful purpose, in exchange for financial remuneration. You acknowledge and agree that Customer Data used and disclosed pursuant to this authorization may be subject to redisclosure by the recipient and no longer protected by federal and/or state law. You acknowledge that we may receive financial remuneration from our Partners in connection with the uses and disclosures of Customer Data described above. You acknowledge that you have the right to revoke this authorization at any time, except to the extent that Customer Data has already been used and disclosed by us in reliance on this authorization
COMMUNICATION VIA EMAIL AND TEXT MESSAGE
- RISK OF USING E-MAIL OR TEXT MESSAGE COMPANY offers patients the opportunity to communicate by e-mail and text message. Transmitting patient information by e-mail or text message, however, has a number of risks that patients should consider before using e-mail or text message. These include, but are not limited to, the following risks:
- E-mail or text message can be circulated, forwarded, and stored in numerous paper an electronic files.
- E-mail or text message can be immediately broadcast worldwide and be received by many intended and unintended recipients.
- E-mail or text message senders can easily misaddress an email or text message.
- E-mail or text message is easier to falsify than handwritten or signed
- Backup copies of e-mail or text message may exist even after the sender or the recipient has deleted his or her copy.
- Employers and on-line services have a right to archive and inspect e-mails or text messages transmitted through their systems.
- E-mail or text messages can be intercepted, altered, forwarded, or used without authorization or detection.
- E-mail or text messages can be used to introduce viruses into computer or mobile device
- E-mail or text messages can be used as evidence in court.
- CONDITIONS FOR THE USE OF E-MAIL or Text Messages Because of the risks outlined above, COMPANY cannot guarantee the security and confidentiality of e-mail or text message communication, and will not be liable for improper disclosure of confidential information. Thus, the patients must consent to the use of e-mail or text message for patient information. Consent to the use of e-mail or text message includes agreement with the following conditions:
- All e-mails or text messages to or from the patient concerning diagnosis or treatment can be printed out and made part of the patient’s medical record. Because they are part of the medical record, other individuals authorized to access the medical record, such as staff and billing personnel, will have access to those e-mails or text messages.
- COMPANY may forward e-mails or text messages internally within the organization and externally to your Provider’s staff or agent necessary for diagnosis, treatment, reimbursement, and other handling. COMPANY will not, however, forward emails or text messages to independent third parties without the patient’s prior written consent, except as authorized or required by law or as per the Notice of Privacy Practices.
- Although COMPANY will endeavor to read and respond promptly to an e-mail or text message from the patient, COMPANY cannot guarantee that any particular e-mail or text message will be read and responded to within any particular period of time. Thus, the patient shall not use e-mail or text messages for medical emergencies or other time sensitive matters.
- If the patient’s e-mail or text message requires or invites a response from COMPANY, and the patient has not received a response within a reasonable time period, it is the patient’s responsibility to follow up to determine whether the intended recipient received the e-mail or text message and when the recipient will respond.
- The patient should not use e-mail or text message for communication regarding sensitive medical information, such as information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse.
- The patient is responsible for informing COMPANY of any types of information the patient does not want to be sent by e-mail or text message.
- The patient is responsible for protecting his/her password or other means of access to e-mail or text message. Provider is not liable for breaches of confidentiality caused by the patient or any third party.
- It is the patient’s responsibility to follow up and/or schedule an appointment if warranted.
- INSTRUCTIONS To communicate by e-mail or text message, the patient shall:
- Limit or avoid use of his/her employer’s computer.
- Inform COMPANY of changes in his/her email address phone number.
- Put the patient’s name in the body of the e-mail or text message.
- Include the category of the communication in the e-mail’s subject line, for routing purposes (e.g., billing question).
- Review the e-mail or text message to make sure it is clear and that all relevant information if provided before sending to COMPANY .
- All emails or text message sent by COMPANY to patient are considered received and read. COMPANY will not wait for acknowledgement from patient.
- Take precautions to preserve the confidentiality of e-mail or text messages, such as using screen savers and safeguarding his/her computer password.
- Withdraw consent only by e-mail or text messages or written communication to Provider.
- PATIENT ACKNOWLEDGEMENT AND AGREEMENT By providing your email or text messages or personal information to COMPANY you acknowledge the terms and information above you understand the risks associated with the communication of e-mail between COMPANY and yourself, and consent to the conditions herein. In addition, you agree to the instructions outlined herein, as well as any other instructions that COMPANY or our Provider may impose to communicate with patients by e-mail or text message. Any questions I may have had were answered.
BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE APPLICABLE TO YOU.
SMS POLICY (TEXT MESSAGES)
You specifically agree to receive and/or obtain the selected text messages from COMPANY via an automatic text messaging system. You are authorizing COMPANY to send text messages to any phone number provided to COMPANY via any method (including but not limited to website form, on the phone or via email). You understand that text messaging rates will apply to any messages received from COMPANY. You also understand that you may revoke this permission in writing at any time by calling . You agree not to hold COMPANY liable for any electronic messaging charges or fees generated by this service. You further agree that in the event your contact/cell phone number changes that you will inform COMPANY or be liable for any fees or charges incurred.
Revocation of Agreement. You have the right to withdraw your consent to receive/obtain text message communication from COMPANY at any time. If you wish to withdraw your consent, you may opt-out by replying STOP via a text message to any message received.
Board Certified Radiologist
