Welpax, LLC (“Welpax”) provides and operates an online medical portal for
physicians, medical technicians, and
medical administrators to manage patient records
Conditions Agreement (“Agreement”) describes our
policies and practices while you are using
website (“Site”). If you
become a member of Welpax by signing up
through the Site, the act of applying for
membership and/or accessing the Site
indicates your agreement to be bound by our Privacy
This Site is owned and operated by Welpax,
LLC. Welpax has the right at any time
to change or discontinue any aspect or
feature of the Site including, without limitation, the
content and software needed for access or
use of the Site. By agreeing to use this Site and
its Services, you understand and agree to
all terms and conditions of this Agreement. You
may visit our webpage to learn of our
revised Agreement. All such changes will be binding
on you 14 calendar days after they are
initially posted on the Site unless you are a new user,
in which case they are binding on you
This Site is intended for your benefit, to view, add to, or
modify your patients’ medical records.
You understand that Welpax does not accept any liability
whatsoever for any harm that might result from any statements presented on the
Site, including third-party advertisements posted on the Site.
You understand that any statements by Welpax, its employees,
agents, and affiliates are provided for informational purposes only.
Welpax makes no predictions, warranties, or
guarantees, express or implied, about
the quality of any of the services or
products provided by any individual, company, or
service provider utilizing the Site or
featured on the Site and assumes no liability related
The Site may be used by medical
practitioners and staff to manage and access
patient records and for the purpose of
sharing records with treating physicians and
The Site may also be accessed by
individuals to access their own personal medical
records and to allow others authorized by
the individual to access the individual’s medical
Additionally, the Site may be used under
the following circumstances:
A physician needs access because a colleague has shared a record with him
or her and the colleague needs immediate
In an emergency or life threatening situation when the patient or patient’s
regular physician is not available to
A patient requests temporary access for a physician that is not his or her
regular physician or on the patient’s
physician list. This option will require
follow up with the patient.
Any of the above options selected will be
recorded and logged in order to grant
access to the patient record. Physicians
may add additional notes to the patient record.
WelPax will log every event in an access
log and follow up with the facility or patient after
every event. The access log record will
include all of the user’s login information, the
records accessed, and will be time stamped.
The user bears all responsibility for the patient
record he or she accesses. The access logs
are subject to subpoena in a court of law.
Restrictions on Use
You must be at least 18 years of age to use
the Site. You agree to be solely
responsible for (i) maintaining control
over the use and/or access to the Site by minors in
your family or (ii) having access to your
computer or login limited to the extent necessary to
restrict use to adults. Use of portions of
the Site that require an account and you to log in
are intended for and restricted to medical
Each user of the Site receives a unique
login. When entering the Site, each user
must enter his/her login name, password,
and pin to access the site. Users are not to share
their login account information and are
fully responsible for the safekeeping of their login
information and for their account.
Access to the Site is classified into three
groups: Physicians, Technicians, and
Physicians may view, add, modify, or print any data found in the
Technicians may add records and patients to the Site.
Admissions may only add new patients or update demographic
information for existing patients.
All information accessed from the Site must
be safeguarded according to the Health
Insurance Portability and Accountability
Act (“HIPAA”) of 1996.
review how information collected on the
Site is used by Welpax.
Use of Information and Materials
Unauthorized use of our Site and systems,
including but not limited to
unauthorized entry into our system, misuse
of passwords, or misuse of any information
posted on the Site, is strictly prohibited.
Not all products and services are available in all
geographic areas. Your eligibility for
particular products and services is subject to final
determination by us.
To gain membership to the Site, each
applicant must apply for membership
according to the following procedure.
Welpax screens each applicant to determine
whether or not membership is approved. Each
applicant must provide the following
information to be considered for
Physicians must complete a professional
contains the following information, which
will be cross-referenced against the government
database at Welpax’s disposal to validate
the authenticity of the information provided:
Social Security number
Facility ID number (if available)
Technicians must complete a professional
contains the following information. This
data will be cross-referenced with the facility
records to validate its authenticity.
Social Security number
Facility ID number
Administrators. Administrators must complete a
that contains the following information.
This data will be cross-referenced with the facility
records to validate its authenticity.
Social Security number
Facility ID number
Disclosure of Collected Information
Information from the Site.
Except as provided in this Agreement and in
disclose to non-affiliated third parties without your
prior approval, your e-mail addresses,
phone number, or other personal information, that
we collect via the Site. Welpax, however,
will cooperate with official law enforcement
inquiries, such as fraud investigations,
subpoenas, and government requests and will
disclose your information when necessary to
comply with state and federal laws and
We cannot ensure that all of your private
and other personal information will never
be disclosed in ways not otherwise described in
By way of example (without limiting the
foregoing), we may be forced to disclose
personal information to the government or third
parties under certain circumstances, third
parties may unlawfully intercept or access
transmission or private communications, or
users may abuse or misuse your personal
information that they collect from our
Type of Information Collected.
Welpax may collect personal
information, such as: your name, e-mail
address, postal address, shipping information,
telephone and facsimile numbers, and URL.
Welpax may also automatically gather and
store information in log files: IP
addresses, browser types, ISPs, referring/exit pages,
operating systems, date/time stamps, and
movements around the Site. The Site may also
gather demographic information.
Sharing of Information.
Welpax will not gather and share customer
client information with its advertisers.
The manner in which we collect and use personally
identifying information voluntarily
Such information may also be used by Welpax
to enforce this Agreement. You agree that
all information submitted by you is
accurate and complete. You further agree that you will
not access the portions of the Site
requiring a login unless you are a member of the Site.
Welpax may restrict or terminate access to
the Site if it has reason to believe you have
provided false or inaccurate information.
Limitations of Warranties and Remedies.
TO THE FULL EXTENT
ALLOWED BY LAW, WELPAX DISCLAIMS ALL WARRANTIES,
EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE,
OR CONDITIONS OF MERCHANTABILITY,
AND FITNESS FOR
A PARTICULAR PURPOSE. WELPAX NEITHER ASSUMES NOR AUTHORIZES ANY
TO ASSUME FOR IT ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE AND USE OF THE
SERVICES AND THE
SITE. IN NO EVENT WILL
WELPAX BE LIABLE FOR ANY INCIDENTAL,
PUNITIVE OR SPECIAL DAMAGES,
PROFITS OR REVENUES,
OR SHOULD HAVE HAD,
ACTUAL OR CONSTRUCTIVE,
OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold
Welpax and its officers and employees (the
“Welpax Parties”) against any and all third
party claims, suits, costs, losses,
liabilities, and expenses of any kind (including reasonable
attorneys’ fees) that Welpax may incur
arising out of or resulting from the use of the Site or
any of the products or services of Welpax.
Choice of Law and Venue.
AGREEMENT WILL BE CONSTRUED AND
GOVERNED IN ACCORDANCE WITH THE LAWS OF THE
APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE
APPLICATION OF THE
LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS
IRREVOCABLY SUBMIT THEMSELVES TO THE
EXCLUSIVE VENUE AND PERSONAL JURISDICTION
OF THE STATE AND FEDERAL COURTS IN
COUNTY, TEXAS WITH REGARD TO ANY
DISPUTE RELATING TO THIS
AGREEMENT OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY
WAIVE ANY CHALLENGE TO VENUE AND PERSONAL
JURISDICTION THEY MAY HAVE TO A
LAWSUIT FILED IN A STATE OR FEDERAL COURT
RELATING TO A
DISPUTE BETWEEN THE PARTIES RELATING TO
AGREEMENT OR ITS ENFORCEMENT.
If any provision of this Agreement is found
to be invalid,
illegal, or unenforceable, the validity,
legality, and enforceability of any of the remaining
provisions will not in any way be affected
or impaired and a valid, legal, and enforceable
provision of similar intent and economic
impact will be substituted therefore.
Additional Provisions Regarding Liability.
You and Welpax agree that
the following limitations will not be read
so as to limit any liability to an extent that would
not be permitted under applicable law and
specifically will not limit any liability for gross
negligence, intentional tortious, or
unlawful conduct or damages for strict liability that may
not be limited by law.
Any notices or communications sent by you
to Welpax pursuant
to this Agreement must be in writing and
sent to the address specified herein or such other
address as Welpax may specify in writing.
All notices will be sent to:
750 N. Saint Paul, #605
Dallas, Texas 75201
The Site may contain links to other sites.
However, please be aware
that Welpax is not responsible for and
such other sites. We encourage you to be
aware when you leave the Site, and to read the
This Agreement applies solely to this Site. We are
not responsible for the content, accuracy,
or opinions expressed in such web sites.
Inclusion of any linked web site on our
Site does not imply approval or endorsement of the
linked web site by us.
www.welpax.com, the WELPAX trademark, and all
page headers, custom graphics, and button
icons are service marks, trademarks, and/or
trade dress of Welpax. All rights are
reserved. All other trademarks appearing on the site
are the property of their respective
The Site contains copyrighted materials and
information, including, without limitation,
downloadable files, text, software, photos,
video graphics, music, and sound. The
contents of the Site are protected under the United
States copyright laws. You may not modify,
publish, transmit, display, participate in the
transfer or sale, create derivative works,
or in any way exploit any of the content, in whole
or in part. No copyright, redistribution,
retransmission, publication, or commercial
exploitation of downloadable material will
be permitted without the express written
permission of Welpax and the copyright
Representations and Warranties.
By using the Site, you represent and
warrant that you are using the Site solely
for personal reasons and that you are not an
attorney or an agent of an attorney
conducting an investigation to a potential claim related
to the Site, any materials available
through the Site, or Welpax. You also represent and
warrant that you are not engaging in
activities in an attempt to circumvent, or make any
efforts thereto, any encryption, password
protection, or security features placed within the
Site or any subpart thereof, or reverse
engineer any part of the Site, portions of the Site, or
any materials available through the Site.
You also represent and warrant that any
information you provide us is true and
If you have any questions or suggestions
Agreement, please contact us using the
“Contact” page on our Site.
To comply with the Health Insurance
and Accountability Act (“HIPAA”) of 1996,
you agree that you will not submit any
information or materials containing
Protected Health Information (“PHI”). PHI is
information or materials relating to an
individual’s medical condition or care and from
which an individual can be identified. You
further agree to indemnify, defend, and hold
harmless Welpax and its affiliates and
their respective officers, directors, agents, and
employees from, for and against any claim,
demand or cause of action, including payments
of reasonable attorneys’ fees and costs
arising out of or related to any violation of HIPAA
or failure to comply with the terms of this
section. If Welpax determines that you have
distributed PHI on the Site without
de-identifying it as required by HIPAA, it will so notify
you and may suspend or terminate your right to access the Site.