Medfusion Plus Terms of Service

Lindsay Rabb -

MEDFUSION PLUS TERMS OF SERVICE

Medfusion Plus Terms of Service

Thank you for selecting Medfusion’s Plus application (the "Service"). Your use of the Service is governed by these Terms of Service, together with Medfusion's Privacy Statement (collectively, the "Terms"). By creating an account and using the Service, you are accepting the Terms. If you do not agree to the Terms, do not create an account. Furthermore, if you do not agree to the Terms, you will not be able to use the Service. Please read these Terms carefully and ensure that you understand them before creating an account.

Using the Service

As part of the Service, we work with health care providers and others who maintain data relating to your health care and your medical information on Medfusion platforms (each, a "Medfusion Data Source"). You also have the option of granting Medfusion access to your personal accounts with certain third-party insurance company, finance and healthcare-related websites (each, a "Third Party Data Source"), so that the Service can retrieve information you have stored in your account with such Third Party Data Sources. The Medfusion Data Sources and the Third Party Data Sources are collectively referred to as the "Data Sources". You may use the Service to access and download your health care, medical, insurance and financial information (collectively, your "User Data") from these Data Sources. Any use of User Data must be in compliance with these Terms. Medfusion is not responsible for the accuracy of any of the information provided by any Data Source.

Medfusion gives you a personal, revocable, non-exclusive, and non-assignable license to use the Service. Medfusion and its licensors and suppliers own all proprietary rights to the Service.

By participating in the Service, you agree that you are at least thirteen (13) years old and that any information you provide to or access through the Service is either yours or you have the authority to use it. You may not use the Service to gain unauthorized access to anyone else's information. It is possible that information about you may include sensitive or psychologically damaging information, depending upon the nature of your medical information.

You will need to use a user name and password ("User Credentials") to access the Service. If you give your user name and/or password to anyone else, that person could be able to view or access your Personal Information through the Service. "Personal Information" is any User Data provided to the Service that either by itself or with other information personally identifies you. Your Personal Information would include information like your name, address, and information about your health and diagnoses. You are responsible for safeguarding your User Credentials, and you should not share that information with anyone. You, and any user issued User Credentials on your behalf, are deemed to have actual and apparent authority to act on your behalf, and you assume all risk of use and any unauthorized use of the User Credentials by such user and are responsible for any contract made through the use of the User Credentials by any person or entity. Medfusion reserves the right to terminate your User Credentials for any reason, including any actual or perceived violation of these Terms.

We may revise the Service from time to time with new or different features or information. Any changes that we make will be considered part of the Service.

We may ask for your ideas and suggestions ("Feedback") about the Service. You do not have to give us Feedback, but if you do, you agree that we may use your Feedback in any way, including making changes to the Service and advertising.

This is NOT Medical Advice

We do not offer medical advice as part of the Service. We do not provide any medical referrals or diagnoses for any medical conditions. If you have any questions related to your health, please contact your healthcare provider.

Description of Service

The Service provides a web application that retrieves User Data, organizes it in a user-friendly manner, analyzes the User Data and facilitates bi-directional secure communication between patients, providers and other care givers, consumers, insurers and financial institutions.

Your Personal Information

Your privacy is important to us. When you download your Personal Information from a Data Source (including, for example, lab results or medical information from visits to healthcare providers), the Service will store your Personal Information. Medfusion will only use your Personal Information in accordance with Medfusion’s Privacy Statement and as permitted or required by law. For more information, please review Medfusion’s Privacy Statement.

Some User Data that is downloaded into the Service cannot be edited by users of the Service as the information represents data as it is being provided by the Data Source.

Relationship to HIPAA

Once you authorize us to retrieve, store, and display your User Data through the Service, we use your authorization to connect to Data Sources and retrieve your data on your behalf. Because Medfusion acts as your authorized agent when receiving and storing data through the Service, no business associate relationships between Medfusion and any Data Source are created as defined by the HIPAA Privacy Rule.

Third Party Data Sources

By providing Medfusion with the information required to access a Third Party Data Source via the Service (collectively, "User Credentials"), you understand that the Service will access, retrieve and store User Data from your Third Party Data Source account in order to make it available to and viewable by you through the Service.

If the Third Party Data Source becomes unavailable or terminates Medfusion’s access to your Third Party Data Source account, any User Data accessed from that Third Party Data Source will no longer be accessible for ongoing updates via the Service. Any User Data accessed from such Third Party Data Source before Medfusion’s access is terminated will remain accessible from the Service.

YOUR RELATIONSHIP WITH EACH THIRD PARTY DATA SOURCE IS GOVERNED BY THE AGREEMENT (INCLUDING ANY TERMS OF SERVICE/USE) YOU HAVE WITH SUCH THIRD PARTY DATA SOURCE AND ANY INFORMATION YOU PROVIDE TO SUCH THIRD PARTY DATA SOURCE OR THAT IS HELD BY THE THIRD PARTY DATA SOURCE AND THE STORAGE THEREOF, IS SUBJECT TO SUCH AGREEMENT.

YOU REPRESENT AND WARRANT THAT YOU ARE ENTITLED TO SUBMIT YOUR ACCESS CREDENTIALS TO MEDFUSION FOR THE PURPOSES DESCRIBED IN THE TERMS. FURTHERMORE, YOU REPRESENT AND WARRANT THAT THE SERVICE’S USE OF YOUR ACCESS CREDENTIALS AS CONTEMPLATED BY THESE TERMS OF SERVICE WILL NOT VIOLATE THE TERMS OF YOUR AGREEMENT WITH THE RELEVANT THIRD PARTY DATA SOURCE.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND MEDFUSION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY, "INDEMNIFIED PARTY") AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS' FEES, THAT ARE INCURRED BY INDEMNIFIED PARTY (COLLECTIVELY, "LOSSES"), ARISING OUT OF (A) ANY BREACH OR INACCURACY IN ANY OF THE REPRESENTATIONS AND WARRANTIES MADE BY YOU IN THESE TERMS OF SERVICE, OR (B) MEDFUSION’S USE OF YOUR ACCESS CREDENTIALS TO ACCESS AND RETRIEVE YOUR USER DATA FROM THIRD PARTY DATA SOURCES IN THE MANNER AND FOR THE PURPOSES CONTEMPLATED HEREIN.

Medfusion does not assume responsibility for the timeliness, accuracy, completeness, deletion, non-delivery or failure to store any User Data accessed from Third Party Data Sources, or other information or settings relating to Third Party Data Sources. You acknowledge that your User Data may be more up-to-date when obtained directly from the relevant Third Party Data Source.

By submitting Access Credentials to Medfusion through the Service, you are authorizing Medfusion, on your behalf and as your agent, to use such Access Credentials solely for the purpose of accessing and downloading your User Data to the Service. Medfusion may use and store the Access Credentials only to the extent necessary to provide the Service to you. For purposes of these Terms of Service and solely to provide the User Data to you as part of the Service, you grant Medfusion a limited power of attorney, and appoint Medfusion as your attorney-in-fact and agent, to access the Third Party Data Sources by using your Access Credentials and to retrieve your User Data from such Third Party Data Sources, with the full power and authority to perform each thing necessary in connection with such activities, as you could do in person, for the purpose of providing the Service. You acknowledge and agree that when the Service accesses and retrieves your User Data from Third Party Data Sources, Medfusion is acting as your agent, and not in its individual capacity or as the agent of, or on behalf of, any third party.

You hereby authorize and permit Medfusion to use and store Access Credentials submitted by you to Medfusion (including, but not limited to, account passwords and user names) to accomplish the foregoing and to configure the Service so that they are compatible with the Third Party Data Sources for which you submit your Access Credentials.

By accessing or using the Service, you authorize the applicable Third Party Data Source to provide the Service with your User Data.

You understand and agree that the Service is not sponsored or endorsed by any Third Party Data Sources accessible through the Service.

Electronic Communication

When you use the Service or send e-mails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. We will communicate with you through email or by posting notices through the Service. Any information that we send you by e-mail will be considered received by you on the date we send the e-mail. You agree to let us know if your e-mail address changes for as long as you are using the Service.

When you register to use the Service, you must (i) provide true, accurate, current and complete information about yourself (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or we suspect that it is inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future access to and use of the Service (or any portion thereof).

Termination

We may stop making the Service (including any feature) available at any time and for any reason. If the Service is no longer available to users and you have been paying a fee, you will not be charged a fee after the date of termination, and you will no longer have access to your Service account. We may terminate your access to the Service at any time if you do not act in accordance with the Terms.

Warranty Exclusion

THE SERVICE AND ANY CONTENT ACCESSIBLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDFUSION, ITS AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DEALS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. MEDFUSION DOES NOT WARRANT THE SERVICE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SERVICE MEETS YOUR REQUIREMENTS OR WILL RESULT IN REVENUES OR PROFITS. FURTHER, MEDFUSION DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDFUSION AND ITS SUPPLIERS DISCLAIM AND SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATIONS FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, YOUR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, LOSS OF PROFITS OR INVESTMENT, GOODWILL, ANY OTHER MATTER RELATING TO THE SERVICE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MEDFUSION OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HERE IN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES MEDFUSION ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE. THE ENTIRE CUMULATIVE LIABILITY OF MEDFUSION AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDFUSION AND YOU. MEDFUSION WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.

Export Restrictions

You acknowledge that accessing the Service is subject to the U .S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export this technology, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will use them in any way that is not allowed by US laws. You further acknowledge the Service may include technical data subject to export and re-export restrictions imposed by US law.

Modifications

Medfusion reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify the Terms, at any time and without prior notice.

If we modify the Terms, we will post the modification on the Service or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

General

The Terms are a complete statement of the agreement between you and Medfusion and set forth the entire liability of Medfusion and its Suppliers and your exclusive remedy with respect to the Services. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by North Carolina law without regard to its choice of law or conflicts of law principles. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Wake County, North Carolina or federal court for the Eastern District of North Carolina. Any claim related to the Terms or the Service must be filed within one (1) year of occurrence. Headings are included for convenience only, and shall not be considered in interpreting the Terms. As used in the Terms, the word "including" means "including but not limited to." The Terms do not limit any rights that Medfusion may have under trade secret, copyright, patent or other laws. You may not assign any of your rights or obligations in the Terms without Medfusion's prior written consent.

If you have questions or comments about these Terms or the Service, you may contact us by sending an e-mail to: compliance@medfusion.com, or via U.S. Mail addressed to:

Privacy Officer
Medfusion, Inc.
5501 Dillard Drive
Cary, NC 27518

03/01/2015

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