Terms and Conditions for the use of InfuSystem-controlled and InfuSystem-managed web sites, InfuSystem's e-newsletter(s), and Ambulatory Infusion Service.
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.
The following terms and conditions ("Terms & Conditions") govern your use of InfuSystem’s e-newsletter(s), InfuSystem Mobile App, and Web site(s) under the direct control and management of InfuSystem (the "Site"). By accessing, viewing, or using the material on the Site, you indicate that you understand and accept these Terms & Conditions.
The information provided on the Site is for general informational purposes only. It is not medical or legal advice and is not a substitute for obtaining up-to-date, professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information from this Site as a tool for self-diagnosis. If you have questions about any insurance- or coverage-related information referenced in this Site, you should contact your own insurer(s).
These Terms & Conditions contain provisions that govern how claims you and we may have against each other are resolved (see Section 10 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 10(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Updates to these Terms & Conditions. We may modify these Terms & Conditions from time to time, without prior notice to you. Your continued use of the Site after these Terms & Conditions are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms & Conditions, as so changed.
3. Affirmative Representations Regarding Your Use of the Site. When you use the Site, you represent that: (a) your use of the Site does not violate any applicable laws or regulations; and (b) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms & Conditions.
4. Prohibited Activities. You agree that in connection with your use of the Site, you will not:
(a) use the Site for any unauthorized purpose;
(b) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site;
(c) impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(d) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site, or any portion thereof; or
(e) circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials (as defined in Section 5) or enforce limitations on use of the Site or the Materials on the Site.
5. Our Intellectual Property Rights. All of the content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright, and other proprietary notices contained in and on the Materials.
6. Our Management of the Site; User Misconduct
A. Our Right to Manage the Site. We reserve the right, but do not undertake the obligation to: (1) monitor or review the Site for violations of these Terms & Conditions and for compliance with our policies; (2) report to law enforcement authorities and/or take legal action against anyone who violates these Terms & Conditions; (3) manage the Site in a manner designed to protect our and third parties’ rights and property, or to facilitate the proper functioning of the Site; (4) screen our users, or attempt to verify the statements of our users; and/or (5) to terminate or block you and other users from using the Site.
B. Our Right to Terminate Users. Without limiting any other provision of these Terms & Conditions, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms & Conditions, or any applicable law or regulation.
8. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
(1) To the extent permitted by applicable law, all material or items provided through the Site are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the Site, we do not represent or imply that we endorse any materials or items available on or linked to by the Site, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by you from us will create any warranty not expressly stated in these Terms & Conditions. You agree that your use of the Site will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Site and your use thereof.
(2) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Site’s content, the content of any site linked to the Site, or information or any other items or materials on the Site or linked to by the Site. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Site.
B. Limited Liability. To the extent permitted by applicable law, in no event WILL we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Site, materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms & Conditions, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms & Conditions, whether in contract, tort, or for breach of statutory duty or in any other way WILL not exceed $50.
C. Exceptions to Disclaimers and Liability Limitations. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 8(A) and 8(B) may not apply to you.
9. Indemnity. You hereby agree, at your expense, to indemnify, defend and hold harmless, InfuSystem, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorneys' fees, arising out of or relating to third party claims, actions or allegations brought against InfuSystem arising out of your use of the Site. You will not be required to indemnify and hold InfuSystem harmless from and against any claims, liabilities, damages, losses, or expenses resulting from InfuSystem’s own negligent conduct.
10. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by email at
B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to Section 10(A) above, either party may initiate binding arbitration. All claims arising out of or relating to these Terms & Conditions (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site will be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms & Conditions, including, but not limited to, any claim that all or any part of these Terms & Conditions is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms & Conditions is subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds $250 USD, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by InfuSystem if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class ArbitrationWaiver. You and InfuSystem each further agree that any arbitration will be conducted in your respective individual capacities only and not as a class action or other representative action, and you and InfuSystem each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(B) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(B), 10(C), and 10(D) by sending written notice of your decision to opt-out to the following email:
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 10(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 10, the parties agree that any litigation between them will be filed exclusively in state or federal courts located in Oakland County, Michigan (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Michigan for any litigation other than small claims court actions. In the event of litigation relating to these Terms & Conditions or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
G. Applicable Law. You agree that federal laws and the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms & Conditions and any claim or dispute that has arisen or may arise between you and InfuSystem.
11. Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms & Conditions, if any of the provisions set forth in Sections 8, 9, or 10 are held unenforceable, void or inapplicable under New Jersey law, then any such provision will not apply to you but the rest of these Terms & Conditions will remain binding on you and InfuSystem. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms & Conditions, nothing in these Terms & Conditions is intended to, nor will it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
12. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, please send an email to
13. Notice to International Users. The Site is controlled and operated by InfuSystem from its offices in the United States. We do not make any representations that the Site or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
InfuSystem does not target, or intend to target, users in the European Union (“EU”). If you are accessing the Site in the EU, InfuSystem disclaims all liability arising out of any incidental processing of your "personal data" (as that term is defined in the EU General Data Protection Regulation) from your access of the Site.
14. No relationship. Nothing in these Terms & Conditions will be deemed to create an agency, partnership, joint venture, or employer-employee relationship of any kind between us and any user.
15. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms & Conditions will not operate as a waiver of the applicable right or provision.
16. Severability. These Terms & Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms & Conditions is unlawful, void, or unenforceable, that provision or part of that provision is deemed severable from these Terms & Conditions and will not affect the validity and enforceability of any remaining provisions.
17. Assignment. We may assign our rights under these Terms & Conditions without your approval.
18. Contact Information. If you have any questions about the Site or these Terms & Conditions, you can contact InfuSystem at:
3851 W. Hamlin Rd
Rochester Hills, MI 48309
Effective Date: 11/29/18