Terms and Conditions of Services

1. Introduction.

Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by COMPRAD, LLC., a Delaware Limited Liability Company (hereinafter, "CRA"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use this Web Site.

2. Binding Agreement.

These Terms and Conditions (as they may be amended from time to time by CRA) form a binding agreement between you and CRA. Your access to or use of this Web Site indicates your acceptance of these Terms and Conditions. You are agreeing to use this Web Site at your own risk.

3. Certain Definitions.

The following definitions apply to these Terms and Conditions: "CRA Web Site" or the "Site" includes "www.comprad.com" in its entirety and related sites owned or operated by CRA and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.

"Customer" means an individual and/or business entity who engages CRA for its Services (as defined here in below).

"Content" includes all Text, Graphics, Design and Programming used on the Site.

"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.

"Design" includes the color combinations and the page layout of the Site.

"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.

"Services" means any services provided on the Site by CRA or its agents in connection with medical second opinion in the field of radiology.

"You" and "your" means any person (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions including but not limited to Customers. IF YOU ARE NOT A CUSTOMER THEN THE PROVISIONS DEALING WITH PAYMENT SHALL NOT BE APPLICABLE TO YOU BUT ALL OTHER PROVISIONS SHALL BE APPLICABLE.

Terms and Payment for Services.

THIS SECTION IS APPLICABLE TO CUSTOMERS. PLEASE BE ADVISED THAT A CUSTOMER'S MEDICAL HEALTH INSURANCE CARRIER MAY NOT COVER ANY EXPENSES IN CONNECTION WITH THE SERVICES AND THAT CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES TO PAY CRA DIRECTLY FOR THE SERVICES. The fee for Services shall be in U.S. Dollars as stated on the Site (herein the "Fee").All services must be paid for by credit card, debit card or PayPal. You authorize CRA to charge credit card or debit card to pay for any applicable charges that may apply. It is the responsibility of the Customer to maintain current billing information. If a credit card or debit card charge is declined for any reason, an administrative fee of US $30.00 will be assessed and an email will be sent to Customer with an immediate termination of service notice. Customer must provide a valid credit card or debit card information for CRA to provide its Services. CRA complies with procedures set by PayPal. CRA reserves the right to change Fees or to institute new fees at any time upon posting it on the Site. In case of a temporary malfunctioning of the Site or delay in Services, there shall be no reimbursement of the Fee. Customer may contact CRA through our email at admin@comprad.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it , if such temporary malfunctioning resulted from any errors on part of CRA or its agents. CRA may refund full amount paid by Customer for Services if Customer is not satisfied. There are no refunds.

4. Acceptable Use of the Site.

4.1 General Use Rules. CRA is a Radiologist Physician Referral Service. The Site is intended to refer our customers to a physician specializing in Diagnostic Radiology and the provision of a virtual and remote second medical opinion of medical images by these Radiologists.  For all intents and purposes, You, the Customer, are obtaining a second medical opinion by a Radiologist in the State that they are licensed to practice medicine via our web-based system and by using electronic communications.  These Radiologists provide services to CRA as Independent Contractors and provide only second and third opinions via our service to our Customers by using our technology. Our services are only in the business of referring Radiologists to Customers in order for the parties to confer on their medical imaging studies. As a Customer you may receive based on your selection of the type of Service(s) offered on the Site any or all of the following: 1) medical second opinion report, 2) easy to understand report in plain English 3) medicolegal review and expert opinion on a specific case. You may use this Site only for lawful purposes within the stated context of CRA'S intended and acceptable use of the Site. CRA is the sole interpreter of the Site's intended and acceptable use. Any references to products, items or services on the Site, together with outside textual contributions, are prepared carefully in order to provide valuable information to visitors of the Site. In cases where the Content is obtained from a third party, CRA takes all reasonable steps to make sure that such information is correct and up to date. However, if any part of such information is found to be incorrect, you are requested to immediately inform CRA as soon as possible by sending us an email at admin@comprad.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Customer authorizes CRA to release Customer's medical records and any related diagnostic tests including all types of radiological studies to obtain second medical opinion. CUSTOMER SHALL SIGN AND SEND TO CRA CONSENT FOR RELEASE OF MEDICAL INFORMATION FORM PROVIDED ON THIS SITE. Customer authorizes CRA and its affiliated physicians, owners, employees, managers, or agents to review, research, and possibly discuss Customer's submitted medical and personal information with other individuals to provide a second opinion. The use of this medical information is only for this stated purpose. Customer understands that CRA may not further use or disclose Customer's medical information unless authorization is obtained from Customer or disclosure is required or permitted by law. Customer has the right to receive a copy of this authorization upon Customer's request and cancel Customer's consent at any time by informing CRA in writing. CUSTOMER UNDERSTANDS AND ACCEPTS THAT CRA'S IS NOT ITSELF PROVIDING THE SECOND OPINION AND ALL RELATED COMMENTS SHOULD NOT BE CONSIDERED AS DIAGNOSIS, MEDICAL ADVICE, TREATMENT PLANNING, AND SHALL NOT ESTABLISH ANY DOCTOR-PATIENT RELATIONSHIP BETWEEN CRA AND ITS CUSTOMERS. Customer understands that Customer's treating physician(s) will remain responsible for Customer's care and for evaluating the second opinion report and communicating any information in the second opinion report to Customer. CUSTOMER RELEASES AND HOLDS HARMLESS CRA AND IT'S AFFILIATED PHYSICIANS, AGENTS, OR EMPLOYEES FOR ANY HARM, CLAIM, OR INJURIES SUSTAINED DIRECTLY OR INDIRECTLY AS RESULT OF ANY AND ALL USES OF THE SERVICES PROVIDED BY CRA. Customer expressly acknowledges that CRA has engaged third party and its software to archive, read, view and store Customer's medical information and that CRA shall not be responsible for any loss of data unless such loss of data is caused due to negligence of CRA. CRA THE PHYSICIANS PROVIDING SERVICES TO THE CUSTOMER VIA CRA may store the images until such time that Customer provides to CRA in writing to dispose all images relating to Customer's medical information. CRA shall immediately dispose all images relating to Customer's medical information upon receipt of a written request from Customer to do so. CRA will store conventional film sent in for evaluation in a safe place and shall not be responsible for any loss or damage to the film. CRA will return conventional film to Customer unless otherwise notified. CRA does not assume any responsibility for any damage, loss or theft of medical information during shipping services provided by a courier or any other third party. Medical Information and/or Services will only be released and/or provided to individual or authorized representative of a business entity who is entitled to receive Customer's medical information. Use of this Site or Services does not replace or substitute any medical or legal advice. You must consult your physician or attorney at law for professional medical or legal advice regarding your second medical opinion. CRA's affiliated Radiologists are US board certified. CRA has endeavored to substantiate the competency of the Radiologists referred to our customers to provide second and third opinions on their radiological examinations. However, CRA makes no representation or warranty as to the competence, diligence or medical ability of the physicians you are referred to. CRA expressly denies liability for consequences of any legal action initiated or advice given by physicians providing services via our site. CRA reserves the right to engage or terminate its relationship with any Radiologist at any time. CRA reserves the right to assign the Services to any Radiologist at its sole discretion.

4.2 License to Use. CRA hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for receiving Services described here in above. CRA reserves the right to suspend or terminate the Services, for any reason at any time, in its sole discretion and refund the Fees in full if Customer has not breached any provision of Terms and Conditions. Customer must be 18 years old or older to obtain the Services on the Site or to use the Site. Customer may view or download for a limited, nonexclusive, and personal use any information from the Site. Customer may not reproduce, distribute, assign, sell, and/or sublicense any part of the Site. No part of the content of this Site may be reproduced, resold or redistributed in any form or in any information retrieval system, or electronic form other than for personal use.

4.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions. Please be advised that Services provided through this Site are different than Services typically provided by a treating physician. CRA does not have the benefit of information that would otherwise be obtained by a full examination in person. CRA may not be aware of certain facts of information that could critically affect the outcome of the second opinion. You are hereby advised that you must discuss the second opinion with your primary physician. You expressly agree that 1) the second opinion is limited and provisional, 2) the second opinion does not replace a full medical evaluation or a in-person meeting with a doctor, 3) CRA has not been provided with all the important information for diagnosis which is usually obtained through a physical examination, 4) the lack of a physical examination may affect CRA to accurately diagnose condition, disease or injury, 5) by using CRA's Services you fully agree and acknowledge to assume all risk, 6) you also agree that no warranty or guarantee has been made for a particular result or cure of condition by receiving Services provided through this Site. YOU AGREE THAT ANY SERVICES OR CONTACTS OR COMMUNICATION BETWEEN ANY PARTY OR THROUGH THE SITE SHALL BE AT YOUR OWN RISK AND THAT YOU RELEASE AND FOREVER DISCHARGE CRA FROM ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY SERVICES OR CONTACTS OR COMMUNICATION BETWEEN ANY PARTY OR THROUGH THIS SITE.

5. Intellectual Property Rights.

The Site and all right, title and interest in and to the Site is the sole property of CRA or its licensors, and is protected by United States copyright law and International treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, CRA reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "CRA," the CRA design logo and certain other names or logos are service marks or trademarks of CRA, and all related product and service names, design marks and slogans are the service marks or trademarks of CRA. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by CRA's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you by advertisers on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

6. Disclaimers and Limitations on CRA'S Liability.

6.1 Allocation of Responsibility. CRA assumes no responsibility for the activities, omissions or other conduct of Customers.

6.2 No Endorsements by CRA. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Customer or any third party, whether in regards to its Web site, goods, products, services, or otherwise.

6.3 No Guaranty of Results. CRA makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the Customer's objectives.

6.4 WARRANTY DISCLAIMERS. (a) THE SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CRA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CRA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE. b) Without limitation on the foregoing:
(i) CRA USA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CRA IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) CRA makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Customers, or of any other form of communication engaged in by Customers. Information provided by Customers or any third party may contain inaccuracies or typographical errors. You agree that any reliance on information and any other form of communication from Customers, or any third party will be at your own risk.
(iii) CRA makes no representations or guarantees regarding the Content of the Site, including, but not limited to, hyperlinks, broken links, inaccuracies or typographical errors.

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. YOU ASSUME ANY AND ALL RESPONSIBILITY FOR ANY FRAUDULENT ACTIVITY ON THE SITE.
(b) IN NO EVENT SHALL CRA (OR ANY OF ITS OWNERS, OFFICERS, MANAGERS, MEMBERS,PHYSICIANS,CONTRACTORS EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRA HAS BEEN NOTIFIED OF SUCH DAMAGES. Customer agrees to hold all owners, members, contractors, employees, agents, physicians harmless from and against any claims, demands, suits, damage or liability sustained directly or indirectly as a result of any or all services provided by CRA.
(c) Due to the nature of these Terms and Conditions, in addition to money damages, CRA will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

7. Amendments to this Agreement and Changes to Site.

CRA may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify CRA immediately and CRA will discontinue its Services. However, Customer shall be charged the Fees if CRA has commenced its Services at the time of such notice.

8. Indemnity.

You agree to defend, indemnify, and hold harmless CRA (and its owners,officers, directors, managers, employees, contractors, physicians and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. CRA shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.Customer agrees to hold all owners, members, contractors, employees, agents, physicians harmless from and against any claims, demands, suits, damage or liability sustained directly or indirectly as a result of any or all services provided by CRA.

9. Customer Information.

The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through CRA's on-line operations only. In addition, CRA reserves the right to comply, in its sole discretion, with legal requirements.

10. Questions and Notices.

Questions concerning the use of the Site should be directed to admin@comprad.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Notices shall be sent, for CRA, to the address listed on the Site, and, for you, to the address submitted by you or such other address as CRA reasonably determines is an appropriate address for you.

11. General.

CRA's contact information is listed on the Site. CRA makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access CRA from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Dade County, Florida, United States of America. You and CRA's sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by CRA in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and CRA.

12. Mediation and Arbitration.

12.1 Any disputes between the parties hereto whether arising under these Terms and Conditions or otherwise which the parties cannot resolve between themselves in good faith shall be referred to a mediator residing in Dade County, Florida, and any mediation shall be held in Dade County, Florida. You will bear the cost of said mediation. Mediation shall be in accordance with the procedures of the American Arbitration Association (hereinafter "AAA").
12.2 If for any reason said dispute is not resolved by mediation within thirty days, the parties shall submit the dispute to a neutral arbitrator residing in Dade County, Florida. Should the parties fail to agree on one arbitrator, they shall submit their dispute to a panel of three arbitrators. Each party shall choose one arbitrator and the chosen arbitrators shall mutually agree on a third arbitrator. Should the two chosen arbitrators fail to act or agree on such third arbitrator, or the arbitrator selected by You fails to cooperate with such arbitration of the dispute in good faith, then the third arbitrator shall be selected by the arbitrator initially chosen by CRA.
12.3 The arbitration shall be held in Dade County, Florida and You will bear the cost of said arbitration. Arbitration shall be in accordance with the procedures of the AAA, discovery shall be in accordance with the Rules of Civil Procedure of State of Florida, the arbitrator(s) shall resolve any discovery-related disputes, and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of a majority of the arbitrator(s) shall be final and binding.
12.4 Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to the State of Florida. The prevailing party shall be awarded attorney's fees and costs of arbitration.
12.5 If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including trial and appellate attorneys' fees) incurred in enforcing the ruling or decision of the arbitrator.
12.6 Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.

13. Privacy Policy.

CRA protects the confidentiality of its Customers and strictly guards the methods by which personal or medical information is used, processed, transmitted, and stored. You may be required to provide CRA with any or all of the following information: name, e-mail address, and mailing address. It is CRA's policy not to sell or market the Customers of the CRA Customer services' nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of CRA business and to provide Services to our Customers. CRA reserves the right to release such information to law enforcement or other governmental officials as, in CRA's sole and absolute discretion, it is deemed necessary to comply with the law. The obtained medical information and diagnostic images of Customers through the Site will only disclose identifiable personal or medical information to Radiologists, agents, employees or contractors of CRA to the extent necessary, for the purposes of rendering a second opinion. CRA will not disclose identifiable personal or medical information to any other person or entity without Customer's express written consent. CRA may use and disclose medical information about Customer as stated in HIPAA Statement, which is incorporated herein by reference. CRA will use encryption software to ensure Customer's transmitted data security. CRA has and will enter into confidentiality and privacy agreements with all of its employees and agents to protect the privacy of the personal information disclosed to CRA. Employees and agents of CRA who have access to Customer's personal information are assigned various levels of password protection. CRA however does not guarantee or warrant that the personal data will remain strictly confidential and will not be disclosed to any other person due to human and/or machine errors, actions or omissions. CRA will not disclose, transmit, or otherwise reveal any personal information of Customer to outside third parties other than to CRA's agents and employees for the limited purposes described herein, without Customer's express written consent. This Site does provide numerous links, which are outside of CRA's control and CRA's Privacy Policy does not apply to any linked website and you must read the privacy statements of any such linked websites, since they may differ from this CRA's Privacy Policy. CRA will store personal and medical information and images of Customer for as long as necessary for CRA to render the second opinion. After which time CRA may destroy the transmitted information. In case of conventional films, they will be returned to Customer if Customer has arranged for the applicable costs of shipping and handling. CRA by no means is responsible for storing, filing, or safe keeping medical, personal, or imaging information/films after a second opinion report has been generated or Services have been terminated for any reason. CRA accepts no responsibility for any items, films, records which are lost or stolen while being shipped to and from CRA. CRA may request at any time that CRA dispose of his/her personal medical information, and immediately when CRA receives this request, it will dispose of the identifiable personal medical information. Customer's inquiries as to CRA's use, transmission, storage, or disposal of medical information will be responded promptly and completely upon receiving a written request to each such inquiry. CRA may from time to time revise or update this Privacy Policy. Any modifications to this Privacy Policy will be posted on the Site and such modifications will be effective immediately. You are encouraged to periodically check on the Privacy Policy to review the current policy. CRA strictly adheres to the Health Insurance Portability and Accountability Act (HIPPA) and related local, state, and federal statues. Customer must submit a signed copy of the Consent For Release of Medical Information Form to CRA in order to receive Services from CRA.

14. Termination.

CRA reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate its obligations under these Terms and Conditions or your ability to access CRA 's Services.

15. Refunds.

There are no refunds.

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