MedSurf · RLFP Risk Reports


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MedSurf Risk Reporting Service Agreement and Terms of Use

The Remaining Lifetime Fracture Probability (RLFP) risk reporting service (RLFP) is provided by MedSurf (the "Provider") a Hawaii Limited Liability Company. The RLFP risk reports are intended for the use of medical professionals for estimating absolute fracture risk, and the future probability of fractures in people for whom a bone mineral density scan has been performed. The algorithm also indicates the potential affect of prevention and treatment.  This Agreement defines the rights and obligations of the Providers and/or medical professional who uses this service ("User").

In consideration of User's right to access the RLFP web software and web service, User agrees, understands and acknowledges that:

1. MedSurf is authorized by the FDA to make RLFP reporting available via the Internet.  Breakthrough technology combined with the ease of use of the Internet's World Wide Web make Remaining Lifetime Risk reporting a practical medical decision support service for physicians and diagnostic centers.

2.  The RLFP software algorithm is intended to automate the mathematical operations that are currently performed manually by physicians for a calculation of remaining lifetime fracture probability.  The algorithm is based on the Hawaii Osteoporosis Center (HOC) model for estimating an individual's lifetime fracture risk that is currently available in the published literature.  The calculation may be used to aid physicians in the assessment of patients' bone mass measurements by factoring in additional demographic information.   The algorithm is not intended to diagnose disease, nor does it provide any therapeutic recommendation.  The product is not actively regulated by the FDA but has been reviewed and approved for use on the Internet as a device as defined in Section 201 (h) of the Federal Food, Drug, and Cosmetic Act.

2. User shall not, nor shall he or she permit another person, to use the RLFP web service in connection with clinical patient management, except under the supervision of a duly licensed physician. All information contained within this site is the property of MedSurf.

3. The RLFP software provides access to estimates of an individual's cumulative remaining lifetime risk of bone fracture based on risk data gathered in prior longitudinal studies of fracture incidence rates. The accuracy of an RLFP estimate for a particular individual depends upon the completeness and accuracy of risk factor data provided for that individual by the User. The risk factor data includes age, life expectancy, previous bone fractures, bone density and estimated future bone loss. User shall make his or her best effort to provide complete and accurate risk factor data and shall be solely responsible for the accuracy of data provided.

4. The RLFP software provides an estimate of the probability of future bone fracture in an individual to assist User in making risk assessments and to aid in further research. It cannot and does not predict whether an individual will actually suffer bone fractures or osteoporosis or any other bone disease, and User shall not use it for such purposes.   User shall be solely responsible for any and all risk assessments and therapeutic decisions made by him or her. User acknowledges that this program is not a substitute for professional judgment.

5. User agrees to indemnify and hold harmless the Providers, their affiliates, officers, directors, employees, agents and/or representatives from and against any and all losses, damages, obligations, settlements, judgments, and/or expenses including but not limited to attorneys' fees and litigation costs, for which they may become liable by reason of any action, lawsuit, claim, or proceeding, including appeals, arising in whole or in part from User's use of the RLFP Client software and service.

6. User hereby irrevocably consents to the jurisdiction of the courts of the State of Hawaii for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement. If a claim for indemnification under this Agreement is not paid by User within 30 days of receipt of written notice by the Providers, this Agreement shall be enforceable in any court of competent jurisdiction in the State of Hawaii. The User shall have the burden of proving by clear and convincing evidence that the Providers are not entitled to indemnification under this Agreement.

7. No service fee is assessed for the use of the RLFP.  A user must first register with MedSurf to be eligible to use the RLFP service. All registered users (meaning that you have filled in the application “sign-up” form), receive access to the RLFP transaction engine and related services.

8. If this Agreement or any provision hereof is invalidated on any ground by any court having jurisdiction of the matter, the User shall indemnify the Providers to the full extent permitted by any applicable provision of this Agreement that has not been invalidated or by any other applicable provision of Hawaii law.

If you agree to the EULA above, click on the "Accept" button below to continue.