Program Name: InfuSystem, Inc ("InfuSystem"), Integrated Therapy Services (the "Program"). Supporting clinic-to-home patient care where continuing treatment involves durable medical equipment and services. Therapies include Oncology, Pain Management, Negative Pressure Wound Therapy and more.
Terms of Service: Please read these terms of service (the "Terms") carefully before using the Program. By accessing or using the Program, you agree to be bound by these Terms and all of its provisions without change. This agreement is between InfuSystem and you the user. IN THE DISPUTE RESOLUTION CLAUSE BELOW, THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Neither InfuSystem nor its representatives are engaged in rendering legal services, medical services or other such advice. InfuSystem and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on your use of the Program. While we strive to keep the Program service accurate, complete and up-to-date, InfuSystem and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Program.
Proprietary Rights: All materials on the Program are owned and copyrighted, licensed by, or used with permission that is granted to InfuSystem. No reproduction, distribution, or transmission of the copyrighted materials on the Program is permitted without the prior written permission of InfuSystem.
Program Messages: InfuSystem facilities/clinics and their patients will receive texts related to pump education, patient assessments/surveys, safety features and billing information.
How to Opt-Out of the Messages: You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” TO US, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer received SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
How to reach us for help: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or text HELP to the short code, or you can get help directly by reaching out to the following:
Phone Number: 1-800-962-9656 and ask for customer support.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies depending on which therapy you are receiving. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
No Unlawful or Prohibited Use: As a condition of your use of the Program, you warrant to InfuSystem that you will not use the Program for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Program automatically ends. You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of data or content found on the Program or accessed through the Program. You may not republish InfuSystem content or other content from the Program on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the Program. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the device you use to access the Program is virus free.
If you are under the age of 13, you may not use the Program.
Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM AND THE SERVICES OFFERED IN THE PROGRAM IS AT YOUR SOLE RISK. THE PROGAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFUSYSTEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFUSYSTEM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGAM; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE PROGRAM DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM OR $100, WHICHEVER IS GREATER.
Changes to the Program: We may make improvements or changes in the information, services, products, and other materials on the Program, or terminate or suspend the Program at any time. We may modify these Terms at any time, and such modifications will be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically, and your continued access or use of the Program will be deemed your acceptance of the modified Agreement.
Dispute Resolution: You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Program will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of these Terms; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, InfuSystem retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, InfuSystem retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Miscellaneous: The Program is intended to and directed to residents of the United States and all advertising claims contained in the Program are valid only in the United States. These Terms and the resolution of any dispute related to these Terms or the Program will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by InfuSystem to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Program or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
The Program and other logos, product and service names are trademarks and service marks owned by or licensed to InfuSystem or its affiliates (the "Marks"). Without the prior written permission of InfuSystem, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.