Terms and Conditions

I. Overview

DocPanel, Inc. (“DocPanel” “we” “us” or “our”) operate the website located at www.docpanel.com and other related websites and mobile applications with links to these Terms of Use (collectively “Site”). Through our Site, we offer an online radiologist marketplace (“Platform”) whereby an individual (“User” or “you”) may engage a medical provider with a specialty in radiology (“Radiologist”) to perform a second read of a preexisting diagnostic image to render a “2nd Opinion.” By accessing and using the Site and the Platform, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site and the Platform. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Platform.

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.

DocPanel does not practice medicine or any other licensed profession. Each Radiologist providing a 2nd Opinion on your diagnostic image through DocPanel is an independent professional solely responsible for the 2nd read rendered by the Radiologist. Furthermore, DocPanel does not interfere with the professional judgment of the Radiologist. Neither DocPanel nor any third-party promoting the Site or the Platform shall be liable for any 2nd Opinion you obtain from a Radiologist through DocPanel.

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 DocPanel (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. DocPanel 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 DocPanel 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

DocPanel 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. You have the option of selecting your Radiologist under the terms explained below. Once you select a Radiologist from the list available on the Platform, you will be asked to 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, DocPanel 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.

VI. Risks

DocPanel strives to provide advanced technological means to facilitate a secure connection between you and a Radiologist listed on DocPanel’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:

VII. Acknowledgement

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

VIII. Privacy

We at DocPanel recognize your right to confidentiality and are committed to protecting your privacy. DocPanel operates under the following set of strict privacy principles:

The only information DocPanel obtains about individual visitors to its Site is that supplied voluntarily by visitors. In cases when DocPanel 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 DocPanel may do so.

Only statistical information about our visitors as a group (usage habits, demographics) may be shared with any partner of DocPanel. Personally identifiable information will not be shared at any time without the visitor's permission. DocPanel 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.

DocPanel is required to comply with the federal health care privacy and security laws and maintain safeguards to protect the security of your health information. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy. As part of providing you with access to our Site and Platform, we may need to provide you with certain communications, such as requests for additional medical records, service announcements and administrative messages. These communications are considered part of the Site, the Platform and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and the Radiologist. DocPanel cannot ensure the security or confidentiality of messages sent by email or any communication exchanges between you and the Radiologist outside the purview and the protection of the Platform.

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. DocPanel collects IP addresses in order to conduct system administration, report aggregate information and to conduct site analysis. If a visitor requests pages from DocPanel, the DocPanel servers enter the visitor's IP address into a log. To maintain visitor anonymity, DocPanel does not associate IP addresses with records containing personal information. However, DocPanel will use IP addresses to identify any visitors who refuse to comply with DocPanel'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.

X. Cookies

Our Site and Platform may attempt to place a small data text file called a "cookie" in the browser files of your computer's hard drive. Cookies are pieces of information that a site transfers to an individual's hard disk for record keeping purposes. These cookies automatically identify your browser to our server whenever you interact with the Site or the Platform . Most browsers accept these cookies, but you may change the settings on your browser to prevent acceptance of cookies. Our Site and Platform use cookies during your on-line session to deliver content specific to your interests and to collect the domain name of the server from which you are visiting. Cookies allow us to avoid showing you the same ad or other message repeatedly. Our cookies do not contain personal information. They do enable DocPanel to relate your use of the Site and Platform to information that you have specifically and knowingly provided to our Site or Platform.

XI. Registration

To gain access to certain portions of our Site a user may be required to provide contact information such as name, email address, ZIP code, sex, age or income level. 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 DocPanel 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.

DocPanel 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 DocPanel Site and Platform. DocPanel 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, DocPanel 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 Radiologist. 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

DocPanel 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, DocPanel may tell one of its advertisers that X number of men visited a certain area of the Site, but DocPanel will not disclose anything that could be used to identify those individuals.

XIV. Access Rights

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Platform solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“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 DocPanel Site or the Platform and to refrain from contacting Radiologists for services outside of the Site or the Platform. DocPanel 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 DocPanel with your credit card number or PayPal account and associated payment information, you agree that DocPanel is authorized to immediately invoice your account for all fees and charges due and payable to DocPanel hereunder and that no additional notice or consent is required.

DocPanel reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

XVI. External Links

In order to provide visitors with greater value, DocPanel may provide links to various third-party sites. However, even if a third-party affiliation exists between DocPanel and that destination site, DocPanel exercises no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. DocPanel does not disclose personally identifiable information to those operating these linked sites. DocPanel 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, DocPanel 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, DocPanel wishes to ensure the integrity of the DocPanel Site and its destination links, so any comments pertaining to the DocPanel Site or any sites accessed through DocPanel links are greatly appreciated. Email us at info@docpanel.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.

XVII. Ownership

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 DocPanel, 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.

These Terms of Use permit you to use the Site and the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site or Platform except as generally and ordinarily permitted through the Site or the Platform according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site, Platform or any services or materials available through DocPanel.

XVIII. Trademarks

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 DocPanel or other entities. You are not authorized to use any such Marks without the express written permission of DocPanel. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

XIX. Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to info@docpanel.com. DocPanel 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, DocPanel 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, DocPanel will have no further obligation to provide the 2nd Opinion reads.

DocPanel has a 100% satisfaction guarantee policy. If you are not satisfied with the 2nd Opinion you obtained for any reason, we will refund your money.

XX. Amendments

We may at our sole discretion amend, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

We may at our sole discretion also amend, change, add, or delete portions of DocPanel’s Privacy Policy. DocPanel reserves the right to change this privacy notice at any time by posting revisions on this Site. We ask that you periodically review this page to ensure familiarity with the most current version of our privacy notice. However, this privacy policy is not intended to, and does not, create any contractual or other legal rights in or on behalf of any party.

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.

DOCPANEL 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.

DocPanel 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 DocPanel. 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 DocPanel, 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. DocPanel does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Radiologists who may use DocPanel 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 DocPanel 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 DocPanel 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.

DocPanel 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 DOCPANEL 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 DOCPANEL FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH A RADIOLOGIST, DOCPANEL 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 DOCPANEL.

XXII. Limited Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DOCPANEL 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.

XXIII. Indemnification

You agree to indemnify, defend and hold harmless DocPanel, 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

DocPanel 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.

XXV. Miscellaneous

These Terms of Use and your use of our Site and Platform shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Manhattan, New York under the rules of the American Health Lawyers Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Manhattan, New York, for any action related to these Terms of Use.

Your understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature.

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.

No waiver by DocPanel of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DocPanel to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

DocPanel 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.

Please report any violations of these Terms of Use to info@docpanel.com.

XXVI. Disclosures

All Radiologists on the Site hold professional licenses issued by the professional licensing boards in the states 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 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 DocPanel 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, DocPanel 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

DocPanel 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.

XXVIV. Security

The DocPanel 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. DocPanel employs strict security measures to safeguard on-line transactions; personal information is stored in a secured database.

XXX. HIPAA

DocPanel is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. DocPanel 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@docpanel.com