Effective date: April 9th, 2015
Welcome, and thank you for visiting www.grandopinion.com.
Please read these Terms of Use ("Terms") carefully before
using this Site. By using and or visiting this Site, you signify your
assent to both these Terms and the terms and conditions of the Grand
Rounds Privacy Policy, which is published at www.grandopinion.com/privacy, and
which is incorporated herein by reference. If you do not agree to
these Terms, do not use this Site.
General
The Site is owned and operated by Traana Group, Inc., a Florida
corporation (the "Company"). The Company reserves the right
to revise or remove any part of the Terms in its sole discretion at
any time and without prior notice to you by updating this posting.
You thus should visit this page periodically for changes. This Site
is continually under development and changes to this Site may be made
at any time. Any changes to the Terms are effective upon posting to
this Site. If you disagree with the Terms, your sole remedy is to
discontinue your use of this Site. Your continued use after a change
has been posted constitutes your acceptance of the changes.
Consultative Service
The purpose of the service provided through the Site is to give
physicians and their patients access to additional information which
they may or may not choose to utilize in planning medical care. It is
not a substitute for primary care and no physician-patient
relationship is created by use of this Site. The service provided
through the Site varies by condition and by state of residence of the
patient, with special emphasis on providing a second opinion
(sometimes referred to as a consulting opinion or an expert opinion)
regarding diagnosis and treatment options or providing lists of local
medical professionals who may be accepting new patients.
The service is limited. In some cases the online nature of the
service will make it difficult to verify a diagnosis (particularly
with conditions that rely heavily on direct physician-patient
interaction for accurate diagnosis). In those cases, the service
provided through the Site will focus on the assessment or
recommendation of treatment options. The decision to focus on
diagnosis, treatment recommendation, or both rests with the
consulting physician.
The service provided through this Site differs from the
diagnostic services typically provided by a physician. The medical
professionals providing services through this Site will not have the
benefit of information that would be obtained by examining you in
person and observing your physical condition. Therefore, the medical
professional providing services through this Site may not be aware of
facts or information that would affect his or her opinion of your
diagnosis. To reduce the risk to you of this limitation, the Company
strongly encourages you to discuss the second opinion with your
physician. By deciding to engage the services of this Site, you
acknowledge and agree that you are aware of this limitation and agree
to assume the risk of this limitation. Furthermore, you agree and
accept that: (i) the diagnosis you will receive is limited and
provisional; (ii) the second opinion is not intended to replace a
full medical evaluation or an in-person visit with a physician; (iii)
the medical professionals providing services through this Site do not
have important information that is usually obtained through a
physical examination; and (iv) the absence of a physical examination
may affect the medical professional’s ability to diagnose your
condition, disease or injury.
You also agree that the second opinion will not be used in any
legal dispute including but not limited to litigation, arbitration,
claim for disability benefits, claim for worker’s compensation
and/or malpractice claims without the prior written consent of the
Company.
By requesting any service through the Site, you authorize us to
collect your medical records on your behalf from any and all
facilities that may have such records, store those records, and
transmit them to the physician or physicians appropriate for your
case.
Privacy
We are constantly seeking to improve the quality of care. If
you have requested a consultative service, a physician referral, or
another service, we may at any time review your case, your medical
records from prior to and after your interaction with the Site, and
any records created as a result of services received. We may request
courtesy notices from your treating physician(s) and/or request
additional medical records from them, including records pertaining to
care you received after receiving the services. We may review these
records for, among other purposes, reviewing the quality of service
you received, reviewing the quality of service provided by the
physicians and medical professionals treating you (including the
physicians and medical professionals to whom you may have received a
referral), to better understand the course of treatment for your
condition(s) including information regarding outcomes and costs, and
to improve treatments and recommendations for people with similar or
different conditions. We will take care to minimize personally
identifying information in this process. We may also use anonymous
information gathered, including information from your medical
records, to generate conclusions about the healthcare process,
particular conditions, and other matters. We and our affiliated
physicians and researchers may publish this anonymous information in
journals, websites and other locations. However, we will not publish
your name or any identifying information about you; we will use only
anonymous data for any public purpose.
We may be required by law to turn over certain information to
law enforcement, or to respond to civil subpoenas and other legal
process. By using this Site you acknowledge such risks. Additionally,
we may voluntarily provide information to law enforcement or
investigative agencies regarding suspected disruptive or destructive
uses of the Site, such as "Denial-of-Service" attacks,
credit card fraud, and other matters.
Registration
You are not obligated to register with the Company in order to access
this Site. However, certain services of this Site are available only
to users who have registered with the Company or other persons
affiliated with the Company who have been granted user IDs and
passwords ("Secure Users"). If you are a Secure User, you
agree to accurately maintain and update any information about
yourself that you have provided to the Company. If you do not
maintain such information, or the Company has reasonable grounds to
suspect as much, the Company has the right to suspend or terminate
your account and your use of this Site. You may have as many active
Secure User accounts on this Site as you may reasonably choose at any
given time and only you may use your designated accounts to access
the Site. You also agree to promptly notify the Company of any
unauthorized use of your username, password or any other breach of
security that you become aware of involving or relating to this Site
by emailing the Company at support@grandopinion.com.
In addition, you agree to exit from your Secure User account at the
end of each session. The Company explicitly disclaims liability for
any and all losses and damages arising from your failure to comply
with this section.
Site Security
Our Site requires users to create unique identifiers (such as a
username and password) in order to log into many areas of the Site.
We utilize these unique identifiers to verify the user’s identity
and eligibility, in order to protect our members from the release of
sensitive or personally identifiable information to unauthorized
users. To help protect the privacy of data you transmit through this
Site, where personally identifiable information is requested, we also
use technology designed to encrypt the information that you input
before it is sent to us using Secure Sockets Layer (SSL) technology
or similar encryption technology. In addition, Company takes steps to
protect the user data we collect against unauthorized access.
However, you should keep in mind that this Site and our services are
run on software, hardware and networks, any component of which may,
from time to time, require maintenance or experience problems or
breaches of security beyond our control.
You must exercise caution, good sense and sound judgment in
using this Site. You are prohibited from violating, or attempting to
violate, the security of this Site. Any such violations may result in
criminal and/or civil penalties against you. The Company may
investigate any alleged or suspected violations and if a criminal
violation is suspected, the Company will cooperate with law
enforcement agencies in their investigations.
Force Majeure
Notwithstanding anything herein to the contrary, GrandOpinion
shall not be liable for any losses arising out of the delay or
interruption of its performances of any obligations due to any act of
God, act of governmental authority, act of public enemy, war, severe
weather conditions, or any other cause beyond its control.
Informed Consent
A. Telemedicine is the delivery of health care
services using interactive audio and/or video technology, where the
patient and Provider are not in the same physical location. During
your telemedicine consultation with a Provider details of your
medical or health history and personal health information may be
discussed through the use of interactive audio, video, and/or other
telecommunications technology, and the Provider may perform a
physical exam through these technologies. Depending on your medical
or health history and/or specific complaint, you may be asked to
provide information through other electronic means, and verify your
identity with a driver’s license or other legal document.
B. The telemedicine services you receive from
Providers are not intended to replace a primary care physician
relationship or be your permanent medical home. You should seek
emergency help or follow-up care when recommended by a Provider or
when otherwise needed, and continue to consult with your primary care
physician and other health care professionals as recommended. We may
make arrangements for follow-up care either through the Provider, a
health systems partner, or other health care providers. If the
transmission fails during your telemedicine consultation with a
physician, then a member of our customer support team will contact
you to help you get reconnected. You will have direct access to
customer support services to follow-up on medication reactions, side
effects, or other adverse events. Among the benefits of
GrandOpinion’s Service is improved access to health care
professionals and convenience. However, there are potentials risks
associated with the use of telemedicine. These risks include, but may
not be limited to:
- In some instances the information transmitted may be of
insufficient quality to allow for appropriate medical or health care
decision making by the Provider (i.e., poor resolution images, etc.)
;
- Delays in evaluation or treatment could occur due to failure
of the electronic equipment;
- In some instances a lack of access to all of your medical
records may result in adverse drug reactions or allergic reactions
or other judgment errors;
- Although the electronic systems we use will incorporate
networks and software security protocols to protect the privacy and
security of health information, in some instances, security
protocols may fail and cause a breach of privacy and/or personal
health information.
C. By accepting these terms of use you acknowledge
that you understand and agree with the following:
- You understand that you may expect the anticipated benefits
from the use of telemedicine in your care, 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 telemedicine and you have
received GrandOpinion's privacy practices which describe these
protections in more detail;
- You understand that you are fully responsible for payment;
and
- You understand your Provider, in his or her sole discretion
and professional judgment, may determine that telemedicine services
are not appropriate for some or all of your treatment needs and,
accordingly, may elect not to provide telemedicine services to you
through the GrandOpinion platform.
Credit Transactions
The Company does accept payment in the form of cash, check or
money order reimbursement. Major credit cards (MasterCard, PayPal,
Visa, American Express and Discover) are also other accepted means of
payment. When you pay by credit card, you authorize the Company to
bill and charge the credit card indicated in your order for any fees
and any other amounts provided for in your order as the same become
due and payable. In the event that your credit card expires or the
Company is otherwise unable to debit the applicable amounts from your
credit card, the Company shall provide notice to you, whereupon you
shall immediately furnish the Company with a valid credit card
account number. Your request for services from this Site will not be
fulfilled until full payment has been received and verified.
Other Prohibited Activities
In using this Site, you agree not to:
- Send or otherwise transmit to or through this Site any
unlawful, infringing, harmful, harassing, defamatory, threatening,
hateful or otherwise objectionable material of any kind, any
material that can cause harm or delay to this Site or computers of
any kind, and any unsolicited advertising, solicitation or
promotional materials;
- Misrepresent your identity or affiliation in any way;
- Restrict, discourage or inhibit any person from using this
Site, disclose personal information obtained from this Site or
collect information about users of this Site;
- Reverse engineer, disassemble or decompile any section or
technology on this Site, or attempt to do any of the foregoing;
- Gain unauthorized access to this Site, to other users’
accounts, names or personally identifiable information, or to other
computers or websites connected or linked to this Site;
- Launch or use any automated system, including without
limitation, "robots," "spiders," or
"offline readers," that access this Site in manner that
sends more request messages to our servers in a given period of time
than a human can reasonably produce in the same period by using a
conventional web browser;
- Send or otherwise transmit to or through this Site chain
letters, unsolicited messages, so-called "spamming" or
"phishing" messages, or messages marketing or advertising
goods and services;
- Post, transmit or otherwise make available any virus, worm,
spyware or any other computer code, file or program that may or is
intended to damage or hijack the operation of any hardware, software
or telecommunications equipment;
- Violate any applicable laws or regulations or these Terms;
- Alter or modify any part of the Materials or services
offered on this Site; or
- Assist or permit any persons in engaging in any of the
activities described above.
Our Intellectual Property Rights
The content on this Site, including without limitation, any
text, software, graphics, photos, sounds, music, videos, audiovisual
combinations, patents, interactive features, any trademarks, service
marks and logos contained therein and any other materials you may
view on, access through, or contribute to this Site (collectively
"Materials") are owned by or licensed to the Company,
subject to copyright, trademark and other intellectual property
rights under Indian and foreign laws and international conventions.
No Materials from this Site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way
without written permission of the rights owner. You agree not to
circumvent, disable, or otherwise interfere with security related
features of this Site or features that prevent or restrict use or
copying of any Materials or content.
Modification of any Materials or use of any Materials for any other
purpose is a violation of the copyrights and other proprietary rights
of the Company, or of other entities or persons where so indicated,
unless the Company or the owner has provided said Material for such
express purpose. Permission for all other uses of Materials contained
herein, including reproducing and distributing multiple copies or
using Materials on any other website or networked computer or linking
to any page at this Site except the "homepage" www.grandopinion.com/ must be obtained from
the Company or the appropriate rights owner in advance; otherwise,
such use is prohibited. Requests for such authorization from the
Company should be submitted via an email to support@grandopinion.com.
All design rights, databases and compilation and other intellectual
property rights associated with this Site, in each case whether
registered or unregistered, and related goodwill, are proprietary to
the Company.
Links to Other Websites
As you view this Site, you may see links to third-party
websites. These links are for convenience only. If you use these
links, you will leave this Site. Certain of these linked websites may
make use of the Company’s proprietary intellectual property rights
(such as copyrights, trademarks, service marks, logos and trade
names) under license from the Company. The Company is not responsible
for the availability or content of these other websites or for any
viruses or other damaging elements encountered in linking to a
third-party website. In addition, providing links to these websites
should not be interpreted as endorsement or approval by the Company
of the organizations sponsoring such third-party websites or their
products or services. These Terms do not apply to any other websites.
Third Party Interactions
Your interactions with entities or individuals found on or
through this Site or the services provided through the Site,
including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such entities or individuals.
You should make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction
with any third party. You are solely responsible for, and will
exercise caution, discretion, common sense and judgment in, using
this Site and disclosing personal information.
You agree that the Company shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between you and any third party, you
understand and agree that the Company is under no obligation to
become involved.
Jurisdictional Issues
This Site is controlled and operated by the Company from our
offices within USA. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable. Access to this Site from jurisdictions where the contents
of this Site are illegal or penalized is prohibited.
Termination
The Company may terminate your use of this Site or any of our
features or services at any time and for any reason without notice
for conduct violating these Terms. The Company will terminate a
user’s access to this Site and its features and services if, under
appropriate circumstances, the user is determine to be a repeat
infringer of third party rights or in breach of the Terms. Upon any
such termination, you must destroy all Materials obtained from this
Site and all copies thereof. The provisions of these Terms concerning
Site security, prohibited activities, copyrights, trademarks, user
submissions, disclaimer, limitation of liability, indemnity and
jurisdictional issues shall survive any such termination. You agree
that if your use of this Site is terminated pursuant to these Terms,
you will not attempt to use this Site under any name, real or
assumed, and further agree that if you violate this restriction after
being terminated, you will indemnify and hold the Company harmless
from any and all liability that the Company may incur therefore.
Disclaimer
The Materials in this Site are provided "as is" and
without warranties of any kind, either express or implied. To the
fullest extent permissible pursuant to applicable law, THE COMPANY
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. THE COMPANY does not warrant that the functions
contained in the materials will be uninterrupted or error-free, that
defects will be corrected or that this Site or the server that makes
it available are free of viruses or other harmful components. THE
COMPANY does not make any representations or warranties regarding the
use or the results of the use of the Materials in this Site in terms
of their correctness, accuracy, reliability or otherwise. Applicable
law may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
Limitation of Liability
To the extent permitted under applicable law, under no
circumstances, including, but not limited to, negligence, shall the
company be liable for any compensatory, punitive, special or
consequential damages that result from the use of, or the inability
to use, this site or the materials on it, even if the company or an
authorized representative of the company has been advised of the
possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential
damages, so the above exclusion may not apply to you.
Indemnity
You agree to indemnify, defend and hold the Company and its
directors, officers, employees, agents and contractors harmless from
and against any and all claims, damages, losses, costs (including
without limitation reasonable attorneys’ fees) or other expenses
that arise directly or indirectly out of or from (i) your breach of
any provision of these Terms, or (ii) your activities in connection
with this Site.
Children
This Site is not intended for children under the age of 13. If
you are under 13 years of age, please do not use or access this Site
at any time or in any manner. By using this Site, you affirm that you
are over the age of 13. The Company does not seek through this
website to gather personal information from or about persons under
the age of 13 without the consent of a parent or guardian.
Privacy
Use of this Site is also governed by the Company’s Privacy Policy,
available at www.grandopinion.com/privacy
Other
By choosing to visit this Site or otherwise provide information
to the Company, you agree that any dispute over your use of this Site
or these Terms will be governed by the laws of the State of Florida
and the United States of America. You also consent to the
adjudication of any disputes arising in connection with our Site in
the state and federal courts located in Marion County. You also agree
to attempt to mediate any such dispute and to abide by all
limitations of liability contained herein.
If any provision of these Terms is unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
If you have any questions or complaints regarding these Terms, please
submit your questions or complaints to support@grandopinion.com.
The Company will endeavor to respond to you promptly.