Web Portal End User Agreement

THE PERMISSION GRANTED HEREIN IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY CLICKING YOUR ACCEPTANCE BELOW, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS SET FORTH HEREIN, IMMEDIATELY EXIT FROM THIS COMPUTER SCREEN. IF YOU ARE ACTING ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ORGANIZATION AND THAT YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT CREATES A LEGALLY ENFORCEABLE OBLIGATION OF THE ORGANIZATION. AS USED HEREIN, “YOU” AND “YOUR” REFER TO YOU AND ANY ORGANIZATION ON BEHALF OF WHICH YOU ARE ACTING.

YOU AGREE TO DO THE FOLLOWING:

1. Use appropriate safeguards to prevent the use or disclosure of patient information other than as permitted pursuant to this agreement or applicable federal and state law;
2. Use appropriate safeguards to prevent the unauthorized use or disclosure of your user credentials (user id or password);
3. Ensure that your employees or other agents who you authorize to access our web portal and who access protected health information comply with the provisions of this agreement and all applicable federal and state law including, but not limited to, the Standards for Privacy of Individually Identifiable Health Information and the Security Standards (collectively, the "HIPAA Regulations") at 45 C.F.R. Parts 160, 162 and 164 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"), Title XIII of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5);
4. Immediately report to us, any use or disclosure of Protected Health Information, as defined by the HIPAA Regulations, which are not permitted by this agreement or applicable federal and state law;
5. Make available to your patients Protected Health Information as required by applicable federal and state law;
6. Allow access to our web portal ONLY to personnel who have an essential need for access. Require user names and passwords unique to each individual. You are responsible and accountable for all entries and all retrievals accessed under your user name and password;
7. Require each of your employees and relevant agents to read and accept this User Confidentiality Agreement and execute a copy for your records;
8. Notify us when any authorized user of our web portal is no longer in your employ;
9. Not to access or request any information as to which you have no responsibility;
10. Not leave a secured computer application open to the web portal unattended while signed on.
11. An "order" is a communication from the treating physician/practitioner / designee requesting that a diagnostic test be performed for a beneficiary. The medical record and/or the request itself must clearly document the physician's intent for the diagnostic test to be performed.
12. Observe the following ordering physician definitions:
    1. A "diagnostic test" includes all diagnostic x-ray tests, all diagnostic laboratory tests, and other diagnostic tests furnished to a beneficiary.
    2. A ''treating physician" is a physician, as defined in §1861(r) of the Social Security Act (the Act), who furnishes a consultation or treats a beneficiary for a specific medical problem, and who uses the results of a diagnostic test in the management of the beneficiary's specific medical problem.
    3. A "treating practitioner" is a nurse practitioner, clinical nurse specialist, or physician assistant, as defined in §1861(s)(2)(K) of the Act, who furnishes, pursuant to State law, a consultation or treats a beneficiary for a specific medical problem, and who uses the result of a diagnostic test in the management of the beneficiary's specific medical problem.
    4. The order may conditionally request an additional diagnostic tests for a particular beneficiary if the result of the initial diagnostic test ordered yields to a certain value determined by the treating physician/practitioner

An order may include the following forms of communication:

• A written document signed by the treating physician/practitioner, which is hand delivered, mailed, or faxed to the testing facility;
• A telephone call by the treating physician/practitioner or his/her office to the testing facility; and
• An electronic mail by the treating physician/practitioner or his/her office to the testing facility.

NOTE: If the order is communicated via telephone, both the treating physician/practitioner or his / her office, and the testing facility must document the telephone call in their respective copies of the beneficiary's medical records.

We reserve the right to terminate this agreement and your use of the web portal upon making a determination in our sole discretion that there has been a violation or breach of any of the terms of this agreement.

eRAD, Inc. Web Viewer Usage Agreement

eRAD, Inc. hereby grants the authorized User access to the eRAD PACS Web Viewer (the web viewer) subject to the terms and conditions contained herein. Use of software by any person, corporation, or business entity other than as licensed or permitted herein is strictly prohibited. Any changes to the system without notification to and approval by eRAD’s authorized agent will invalidate system licenses.

Permitted Uses and Restrictions:

The web viewer provides access to medical images. The device is intended for use as a diagnostic, review, and analysis tool by trained professionals such as radiologists, physicians and technologists. This device is not intended to replace full workstations and should be used only when there is no access to a workstation. The web viewer is not to be used for mammography.

Title and Copyright:

All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by eRAD or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by eRAD.