PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING OUR SITE OR USING OUR SERVICES.

The following terms and conditions constitute an agreement between you and HealthFund Solutions (“HFS”, “we”, or “us”), the operator of healthfundsolutions.com (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site and Services, subject to such other agreement(s) you may have with HFS for such Services. BY USING THE SITE AND OUR SERVICES, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to (i) the information practices disclosed in our Privacy Notice, which is incorporated herein by reference, and (ii) resolve any dispute that you may have with us or the Site in the State of Florida. Please note that we offer the Site “AS IS” and without warranties. If you are using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf. HFS provides Medicaid eligibility and assistance services as well as temporary funding assistance for uninsured patients (the “Services”).

IF YOU DO NOT AGREE TO THESE TERMS OR USE OF OUR PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE THE SITE OR OUR SERVICES. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.

 

1. Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Enrollment in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

 

2. About the Site 

Everything we offer on the Site is referred to in these Terms of Use collectively as the “Services.” Some of the Site’s Information (as defined below) is viewable without registering with us. However, to receive Services, you must enroll as a participant in one of our programs or otherwise meet certain eligibility criteria.

 

3. We Do Not Provide Medical Advice 

You acknowledge the content, text, data, graphics, images, information, suggestions, guidance, and other material that you obtain or receive from HFS and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site (collectively, “Information”) is for informational purposes only. We do not recommend or endorse any specific physicians, tests, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.

 

4. Editorial Control 

HFS does not screen its users or verify user information communicated through our Site or Services, although we have the right to monitor such information.  It is your responsibility to ensure your information is truthful and accurate.  We may, but have no obligation to, have non-user-posted information reviewed by the Site’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of the Site can assure you that the information contained herein is in any respect accurate or complete, and HFS such authors or editorial personnel are not responsible for any errors or omissions or for the results obtained from the use of such information. You are encouraged to independently confirm the Information

 

5. Registration 

You need not register with us to simply visit and view the Site. However, in order to access certain use or obtain certain Services, you must enroll in a HFS program. As part of the enrollment process you may be asked to create a user account using an email address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You are responsible for maintaining the confidentiality of your Credentials and for all activities that occur using your Credentials.  You agree not to share your Credentials, let others access your Credentials, or do anything else that might jeopardize the security of your Credentials.  You agree to notify us if your password has been hacked or stolen or if you know of any other breach of security in relation to our Site. You may notify us by sending an email to info@healthfundsolutions.com.

 

6. Your Personal Information 

In order to register in HFS Services, you must provide certain personal information about yourself, including, without limitation, your name, address (zip code, city, and state), e-mail address, phone number, and date of birth. If you submit such information, you hereby authorize HFS, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, and contact information; medical and social history, current medical needs, and other information that is either requested by HFS or volunteered by you (“Personal Information”). All the information that you provide when your register for enrollment must be accurate, complete, and up to date.  If you need to change, correct, or remove any Personal Information you can do so by contacting us at 800-304-4005.

You may also choose to authorize HFS to share your Personal Information with medical providers. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilize the Services. The Privacy Notice explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways your Personal Information is used. Please review it carefully.

 

7. Your Responsibilities

You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow or assist any third party to): (i) copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; (iv) reformat or frame any portion of the web pages that are part of the Site and/or the Services; (v) create user accounts by automated means or under false or fraudulent pretenses; (vi) collect or store personal data about other users in connection with the prohibited activities described in this paragraph; (vii) stalk, harass, or harm another individual; or (viii) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

8. Changes to These Terms of Use 

We may change these Terms of Use at any time as we deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

 

9. Links to Other Sites 

The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we recommend or endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the availability of, or the content or accuracy of these other sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each third-party site, and we are not responsible therein.  We encourage you to review such third-party site terms of use and privacy policies.

 

10. Consent to Communication.

You authorize HFS and its affiliates, employees, contractors, and agents to contact you by telephone, any automatic dialing system, pre-recorded forms of voice/messaging systems, text messaging, or electronic mail for any reason related to the Site or the Services, including without limitation with respect to information and offers regarding our Services.  You agree that you are not required to accept these terms as a condition of using the Site or the Services.

 

11. Additional Terms 

Certain of the Services may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you enroll in any Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

 

12. Your Use of Content 

All of the Information available on or through the Services and/or the Site, including, without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain HFS’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store Information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, HFS and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by HFS to you are retained by HFS.

 

13. Disclaimer of Warranties 

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR ANY OTHER WARRANTIES, OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HFS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. HFS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

 

14. General Limitation of Liability 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE THE SERVICES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES IN THE PAST TWELVE MONTHS; OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

15. Termination 

We may terminate and/or suspend the Services immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also terminate or suspend the Services for any other reason, including inactivity for an extended period, but will use commercially reasonable efforts to attempt to notify you in advance of such termination or suspension. HFS shall not be liable to you or any third party for any termination or suspension of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. Sections 7,8,11-16, and 19 shall survive any termination or expiration of the Services and these Terms of Use.

 

16. Indemnification 

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorneys’ fees, made by any third party against any of us that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.

 

17. Electronic Contracting and Notices 

Your affirmative act of using this Site and/or Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

 

18. Entire Agreement 

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy and any other written agreement executed between you and Us for the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of HFS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

19. Choice of Law and Dispute Resolution 

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Florida as applied to contracts made and to be performed entirely within Florida, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Site and/or the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Orange County, Florida, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.  Further, any claim or dispute arising from or related to the arbitrability of these Terms of Use, shall be decided by an arbitrator.  The arbitrator shall limit any award to the limitation of liability contained in these Terms of Use. Each party shall bear its own attorneys’ fees and arbitration costs. For the avoidance of doubt, the arbitrator has no power to award punitive, exemplary, special, or consequential damages.

ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR HFS’S SITE OR SERVICES, INCLUDING ANY CLAIM UNDER TORT, DECLARATORY RELIEF, OR STATUTORY CLAIMS ARISING FROM THESE TERMS OF USE OR HFS’S SITE OR SERVICES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER OR PERSON CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR OTHER PERSON, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

 

20. Assignment 

We may assign these Terms of Use at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

 

If you have any questions about these Terms of Use or otherwise need to contact HFS for any reason, please contact us at: 800-304-4005.

Most recently updated [9/12/24]