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.
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.
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.
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 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.
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.
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.
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).
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.
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.
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.
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.
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.
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:
, or via U.S. Mail addressed to:
5501 Dillard Drive
Cary, NC 27518
At Medfusion, we place the highest importance on respecting and protecting your privacy. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using the Medfusion Plus service. We would like to share with you information on our privacy practices and other privacy aspects of Medfusion Plus. Specifically, we address:
This Privacy Statement defines privacy aspects specific to the online services available to patients through our Medfusion Plus service. Throughout this Privacy Statement, we refer to information that personally identifies you as "personal information."
We work to protect your personal information from loss, misuse or unauthorized access, alteration or destruction by maintaining appropriate physical, electronic, and administrative security standards and procedures to safeguard our data systems. For example, when you transmit personal information to us, such as your logon credentials for third-party websites, it is protected by:
We also educate our employees on the importance of our privacy and security policies, and we require that they comply with those policies. Tell me more about Medfusion's security practices. More on security.
When you use the Medfusion Plus service, we collect the following types of information:
If you request customer or technical support, we may use your contact information to elicit your feedback regarding your support experience.
If you wish to cancel your Medfusion Plus services, you may request to do so by emailing support at firstname.lastname@example.org. When you request that we close your account, we will remove access to your personal information. Since your provider may also have a copy of or rights to all or some of your personal health information, that information may still be accessible by that provider. Similarly, your personal information relating to your insurance, finances and other healthcare-related information may still be accessible by the Third-Party Sites from whom such information was originally obtained.
Learn more about Medfusion at http://www.medfusion.com/about/company/
We understand that you are entrusting us with your personal information. That's why we don't sell, rent, or share any of the personal information you provide to us with companies outside of Medfusion for their own promotional or marketing use without your explicit, affirmative consent. There are occasions, however, where we must share your information to provide you with the Medfusion Plus services you requested or as required by law. Descriptions of when we share and with whom we may share your information are provided below.
If you have subscribed to email notifications, alerts, or newsletters you can cancel your subscription by following the instructions provided in each email. As part of the Medfusion Plus service offering, we use your information to provide you service and may also communicate with you about products and services we think may interest you. You can opt out of these marketing communications by updating your Medfusion Plus profile or emailing support at email@example.com. Note that even if you opt out of marketing communications, you may still receive business communications or critical notices about your service.
You can update or correct your Medfusion Plus account information by using applicable features in the Medfusion Plus service by updating your Medfusion Plus profile or emailing support at firstname.lastname@example.org
If we make material changes to any of our privacy policies or practices regarding personal information we will update this Privacy Statement.
If you have privacy-related questions that are not addressed here, please send an email to email@example.com or write us at: Privacy Team, Medfusion, Inc., 5501 Dillard Drive, Cary NC 27518.
We protect personal information stored on our servers from unauthorized access using reasonable safeguards such as firewalls, coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration.
Our employees are trained and required to safeguard your information and, using physical, electronic and procedural safeguards, we restrict access to personal information to those employees and agents for business purposes only. Additionally, we use internal and external resources to review the adequacy of our security procedures.
To protect the information that you store on your personal computer system, we recommend installation of a personal firewall and anti-virus software. The FTC’s OnGuard Online Website has information on computer security and tips on safeguarding personal information that you may find useful.
Like many Web sites, we use a variety of technologies to manage our sites. Among these are cookies, which are pieces of information that our Web sites provide to your browser. Cookies allow us to track overall site usage and determine areas users prefer. Cookies also allow us to customize your visit to Medfusion Plus by recognizing you when you return. If you choose to decline cookies while at Medfusion Plus, you may not be able to access certain areas of Medfusion Plus. Most browsers accept and maintain cookies by default. You can check the "Help" menu of your browser to learn how to change your cookie preference or, if you are using Microsoft Internet Explorer or Mozilla Firefox, you can visit their Web sites for additional information about cookies.
When we track activity on Medfusion Plus or other Medfusion Web sites, we collect information such as your IP address, browser type and version, and pages you view. We also keep track of how you got to our site and any links you click on to leave our site. We do not track URLs that you type into your browser, nor do we track you across the Internet once your leave our sites. We use your Web site activity to assist you by reducing the need to re-enter your data and to help us resolve technical support issues. We may also use this information to offer you a personalized Web experience and to tailor our offerings to you. Remember, you control whether you receive Medfusion promotional materials.
We may access and set cookies using Web beacons, also known as single-pixel GIFs which are invisible graphical images. These Web beacons tell us useful information regarding Medfusion Plus, such as which pages users access. When we send you emails, we may include a single-pixel GIF to determine the number of people who open our emails. When you click on a link in an email, we record this individual response to allow us to customize our offerings to you.
We use single-pixels, or transparent GIF files, and cookies to help manage our online advertising. These cookies and GIF files are provided on our behalf by our ad-serving service providers and enable us to learn which links bring users to our Medfusion Plus. Limited demographic and transactional information such as IP address, country, order id, and purchase amount, is transmitted back to our ad-serving service providers when you use Medfusion Plus. This information is anonymous and does not contain your name, address, telephone number, or email address. This information is used only in the aggregate to evaluate which links users find most helpful in reaching Medfusion Plus.
Advertising networks that serve ads on our Web sites may assign a different cookie to you. The information collected is anonymous and is not linked to your personal information. These cookies may be used to select which ads you see and determine the effectiveness of this advertising. You may choose to decline cookies from third-party ad servers, which Medfusion does not control. If you would like to know more about this practice and your choices about not having this information used by third-party ad servers, please click here.
Support and Feedback. When contacting us for assistance or submitting feedback to us about Medfusion services, we may collectinformation about the product you are using, the help screen you are on, browser version and operating system. This information helps us to better understand your issue or suggestion.
United States. Please note that the services available through Medfusion Plus are intended for the exclusive use of residents in the United States of America. It is not our intent to gather personal information from individuals residing outside of the United States. Medfusion Plus IS DESIGNED TO COMPLY WITH THE LAWS AND REGULATIONS OF THE UNITED STATES ONLY. Nothing on Medfusion Plus should be considered a solicitation or promotion of any product or any indication for any product that is not permitted by the laws or regulations of the country where the Medfusion Plus user resides.