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As a condition to using the TopSurgeonStats website, Physician agrees to the following terms and conditions:
1. COLLECTION OF PATIENT INFORMATION. Physician acknowledges that TOPSURGEONSTATS has developed proprietary information and technology, including know-how and trade secrets, relating to the identification, collection, organization, analysis and dissemination of valuable health care data related to patients’ surgical experiences. Physician agrees that in order for TOPSURGEONSTATS to provide this information to Physician in an easily accessible and meaningful format, Physician must provide certain data to TOPSURGEONSTATS on an ongoing basis by entering the necessary patient data into the system, including the following:
a. Patient email address
b. Date of surgery
c. Facility where surgery performed
d. Surgical procedure with CPT Codes
e. Surgeon’s name
It shall be Physician’s responsibility to obtain the correct email address for patients. If patient surveys do no currently exist for particular CPT codes utilized by Physician, TOPSURGEONSTATS will create customized surveys for such procedures and Physician agrees to reasonably assist in this process.
2. ONGOING PATIENT DATA. Once the customized survey is complete, Physician agrees to provide TOPSURGEONSTATS the patient surgical information set forth above on an ongoing basis.
3. PHYSICIAN REPRESENTATION. Physician acknowledges and agrees that it is critical to maintain the integrity of the information being provided to TOPSURGEONSTATS. Accordingly, Physician represents and warrants that the information provided by Physician will be accurate and complete and relate to actual patients. Additionally, Physician represents and warrants that any information reported back by TOPSURGEONSTATS to Physician will be disseminated accurately. In the event that Physician fails to comply with these obligations, TOPSURGEONSTATS reserves the right to immediately terminate this Agreement and retain all payments that have been received.
4. HIPPA COMPLIANCE. Physician agrees to obtain an executed release from each patient authorizing the use of patient’s protected health care information for the sole purpose of enabling the collection, analysis, and dissemination of patient’s surgical outcome data. Obtaining this release shall be the sole obligation of Physician and TOPSURGEONSTATS assumes no responsibility or liability for Physician’s HIPPA compliance.
5. TOPSURGEONSTATS REPORTS. Upon the completion of 1, 2 and 3 above, TOPSURGEONSTATS shall enable Physician to obtain a detailed report of his post operative survey data.
6. DATA OWNERSHIP. All patient data collected shall remain the property of Physician and will be utilized by TOPSURGEONSTATS only in accordance with the terms of this Agreement. The methods for identifying, collecting, organizing and disseminating the data related to patients’ surgical experiences as well as the survey and reports generated are proprietary to and shall remain the property of TOPSURGEONSTATS.
7. TERM. This Agreement has a term of (12) months. Notwithstanding the foregoing, TOPSURGEONSTATS reserves the right to immediately terminate Physician’s use of its services in the event Physician fails to comply with these terms and conditions.
8. SUBSCRIPTION FEE. The standard subscription fee to be paid to TOPSURGEONSTATS is a 12 month fee of $1020 ($85/month) payment for a 12 month period plus a one-time setup fee of $150 for services rendered. The contract will renew each year unless the subscriber cancels the contract. This Agreement is limited to the collection, analysis and dissemination of surgical outcome data for Subscriber’s individual use. In the future, TOPSURGEONSTATS may provide additional services whereby this information could be made publicly available on an anonymous basis through an Internet website. Subscriber acknowledges and agrees that in the event subscriber elects to participate in these expanded offerings, an additional service fee will be charged.
9. LIMITATION OF LIABILITY. Physician’s sole and exclusive remedy for damages allegedly arising from this agreement or the services rendered hereunder shall be limited to the fees paid by Physician to TOPSURGEONSTATS. In no event shall TOPSURGEONSTATS be liable for any indirect, special, consequential or exemplary damages arising out of or in connection with this agreement, including without limitation, loss of profits or business opportunity, penalties or damage to reputation.
10 INDEPENDENT CONTRACTOR. The parties agree that no employment relationship exists between them and that Physician and Physician’s employees and agents are independent contractors with respect to TOPSURGEONSTATS.
11. GOVERNING LAW. This Agreement shall be governed by the substantive laws of the State of Maryland. Each party irrevocably consents to the personal jurisdiction of and venue in the state and federal courts within the State of Maryland.