Terms & Conditions

Terms and Conditions

Terms and Conditions for the use of InfuSystem-controlled and InfuSystem-managed web sites, InfuSystem's e-newsletter(s), and Ambulatory Infusion Service.

Terms and Conditions for InfuSystem's Ambulatory Infusion Service, Click Here

Internet Terms & Conditions

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.

No Medical or Legal Advice

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).

Notice Regarding Dispute Resolution

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.  

2. Privacy Policy. In connection with your use of the Site, please review our Privacy Policy, located at https://infusystem.com/privacy-hipaa to understand how we use information we collect from you when you access, visit or use the Site.   The Privacy Policy is part of and is governed by these Terms & Conditions and by agreeing to these Terms & Conditions, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with the terms of the Privacy Policy. 

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 UsersWithout 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.

7. Third Party Sites. The Site may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Site; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms & Conditions do not apply to Third Party Sites.  Before visiting a Third Party Site through links or other means provided on or through the Site, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third Party Sites.

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 LiabilityTo 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 info@infusystem.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. You and InfuSystem agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which will be a precondition to either party initiating a lawsuit or arbitration. 

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/adr-rules-procedures.  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: info@infusystem.com. The notice must be sent within 30 days after the accrual of your claim. Otherwise, you will be bound to arbitrate disputes in accordance with the terms of those sections.  If you opt-out of these arbitration provisions, we also will not be bound by them. 

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. 

11Notice 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 info@infusystem.com or write to the address listed under the Contact Information section below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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:

InfuSystem, Inc.

31700 Research Park Drive

Madison Heights, MI 48071

info@infusystem.com

 

Effective Date: 11/29/18

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