Last modified: August, 2024

1. ACCEPTANCE OF TERMS 

American Patient Access Foundation, a 501(c)(3) nonprofit corporation (hereafter referred to as “American Patient Access Foundation”, the “Foundation”, “we,” “us,” and/or “our”), provides its services (the “Service”), to you subject to the following Terms of Service (the “Terms”), which may be updated by us from time to time without notice to you. Please check these Terms periodically for changes. 

By using the Service, you agree to be bound by these Terms, our Privacy Policy, all applicable laws and all conditions or policies referenced here. 

The Foundation operates the Service at a variety of sub-domain names. The Terms apply to you regardless of which domain name the Service is operating. 

In addition, when using the Service, you shall be subject to any guidelines or rules (the “Guidelines”) applicable that may be posted online from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. 

You will not hold the Foundation responsible for others’ content, actions or inactions. You acknowledge that we have limited control over and do not guarantee the quality, safety or legality of campaigns, the truth or accuracy of content posted by patients seeking support. 

2. DESCRIPTION OF THE SERVICE AND DEFINITIONS 

The Service is supporting patients secure funding for medical care. We provide this Service with partners that supply a means to apply for financial assistance and a simple, easy-to-use crowdfunding application that can easily be promoted via social media services, websites, and email. 

Definitions: 

• • “Campaign” is a fundraising project created using our Service 

• • “Campaign Owner” is the individual that created the Campaign. 

• • Campaign Owners have access to features and tools for their Campaign including but not limited to tracking Contributions made to their Campaign, and editing details of their Campaign. 

• • Campaign Owners may grant access to the features and tools of the Campaign to Users and the Users are subject to these Terms as agreed to by the Campaign Owner. If a Campaign Owner chooses to transfer or share ownership of their Campaign with another User, that User becomes a Campaign Owner and they will assume the aforementioned access and responsibilities. 

• • “Beneficiary” is the individual who is in need of financial support. 

• • “Contributor” is any individual or organization that contributes money to a Campaign. 

• • “Contribution” is any financial transaction that benefits the Campaign. 

• • “Healthcare Provider” may be a hospital, clinic, diagnostics provider, medical device manufacturer, or other entity that provides healthcare services or products. 

• • “User” is any individual who has accepted the Terms by logging in to the Service through a Login Service or by contributing to a Campaign. 

• • “Payment Provider” is a company that processes Contributions to Campaigns.

3. USE OF SERVICE 

You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend Service at any time for any reason without liability. 

4. FURTHER SERVICE UNDERSTANDINGS 

Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the Terms. You understand and agree that the Service is provided AS-IS and that the Foundation assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings. 

5. NO RELIANCE ON MEDICAL ADVICE 

The Foundation is not a healthcare provider; the Website should not be used in place of a visit or consultation, or of otherwise securing the advice of a physician or other health care or professional services provider. You should not use the Website to diagnose or treat a disease or health problem. You acknowledge that the Foundation is not engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice from the appropriate physician or health care professional promptly for any situation or problem that you or a patient may have. 

This Website may include content provided by third parties, including materials provided by other users, donors, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

6. DONORS/CONTRIBUTORS 

As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. You understand and agree that: 

1. Donations are not tax deductible and are not eligible for refunds.
2. In compliance with applicable law and unless it is unable to for circumstances beyond its control, American Patient Access Foundation will pay the bills issued by healthcare providers for qualified patients that are related to campaigns to which you and others donated. 
3. You understand that American Patient Access Foundation, as required by applicable law, retains exclusive legal control over all donations and may use excess, or unallocated funds at its discretion in support if its mission.
4. Funds raised in each campaign that exceed the goal determined by a patient’s bill, will be used by American Patient Access Foundation at their discretion to support other qualified patients in need.
   

7. SECURITY AND COMPLIANCE 

Access to the Service may be provided through the following Login Services: Facebook Login, LinkedIn Sign-in, Google Sign-In or via an email address/password combination. 

You are responsible for maintaining the confidentiality of the Login Services, and are fully responsible for all activities that occur in your Login Service account as it relates to the Service. You agree to immediately notify the Foundation of any unauthorized use of your Login Service account or any other breach of security as it relates to the Service. The Foundation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 

You are also responsible to ensure all content in your campaign is compliant with the Terms Of Service & Privacy Policy of the Login Service(s). 

8. CONDUCT 

In consideration of your use of the Service, you agree to: 

1. 1. provide true, accurate, current and complete information about yourself as prompted when applying for Service, or during the Campaign creation process and any later administration processes (such information being the Set Up Data) and 

2. 2. maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Foundation has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof).

You understand that you are liable for all information, products or services, in whatever form, that you make available to other Users. You agree not to use the Service to: 

• • upload, post, email, transmit or otherwise make available any information, products or services, that are unlawful, regulated, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 

• • harm minors in any way; impersonate any person or entity, including, but not limited to, a Foundation representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

• • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service; 

• • upload, post, email, transmit or otherwise make available any Information, products or services, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

• • upload, post, email, transmit or otherwise make available any Information, products or services, that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party; 

• • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation; 

• • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

• • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 

• • intentionally or unintentionally violate any applicable local, province, state, national or international law; or stalk or otherwise harass another.

You acknowledge that the Foundation does not pre-screen any Content working in coordination with the Service, but that the Foundation and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. 

You acknowledge and agree that the Foundation may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

1. 1. comply with legal process; 

2. 2. enforce the Terms; 

3. 3. espond to claims that any Information violates the rights of third-parties; or 

4. 4. protect the rights, property, or personal safety of the Foundation, its Users and/or the public.  

5. 5. You understand that the technical processing and transmission of the Service, including your Information, may involve: 

6. 6. transmissions over various networks; and 

7. 7. changes to conform and adapt to technical requirements of connecting networks or devices.

9. INDEMNITY 

You agree to indemnify and hold the Foundation, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. 

10. NO RESALE OF SERVICE 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service or if agreed to by written consent from the Foundation. 

11. MODIFICATIONS TO SERVICE 

The Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

12. TERMINATION 

You agree that the Foundation, in its sole discretion, may terminate your use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, or if the Foundation believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Foundation may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that the Foundation may immediately deactivate or delete your Information and/or bar any further access to such files in the Service. Further, you agree that the Foundation shall not be liable to you or any third-party for any termination of your access to Service. 

13. PUBLISHED CONTENT 

Campaign Owners and Contributors retain full ownership of all their own content and creations they publish to the Service. 

By creating their Campaign or publishing content, Campaign Owners and Contributors agree to grant American Patient Access Foundation a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of published content. The purpose of this license is strictly limited to allow us (i) make campaigns available in our Service for discovery by Contributors and Supporters, (ii) use in Service-related communications, (iii) use in advertising or promotions for the Campaign or the Service, or in third-party publications that are reviewing, promoting, or otherwise discussing the Campaign or the Service. Private Campaigns will not be used in this manner. 

Campaign Owners and Contributors may not post content that infringe others’ intellectual property or proprietary rights. Contributors may not use creations published by creators in any way not authorized by the creator. We are not responsible if Users use copyrighted content, but we will take action to remove such content from the Service upon request from the copyright holder. 

The Foundation, Campaign Owners, or third parties may provide, links to other World Wide Web sites or resources. Because the Foundation has no control over such sites and resources, you acknowledge and agree that the Foundation is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

14. THE FOUNDATION’S PROPRIETARY RIGHTS 

You acknowledge and agree that the Service and any necessary software (Software) used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Foundation, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 

15. LICENSE 

The Foundation and its service providers grant you a limited, revocable, non-transferable and non-exclusive right and license to use the Service subject to your eligibility and continued compliance with these Terms; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces or APIs that are provided by the Foundation for use in accessing Service. 

16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. THE FOUNDATION 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. THE FOUNDATION MAKES NO WARRANTY THAT 

(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, 

(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, 

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND 

(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

17. LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FOUNDATION 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 THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 

(i) THE USE OR THE INABILITY TO USE THE SERVICE; 

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; 

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR 

(v) ANY OTHER MATTER RELATING TO THE SERVICE. 

18. EXCLUSIONS AND LIMITATIONS 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TERMS SECTIONS MAY NOT APPLY TO YOU. 

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE TOTAL SERVICE FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. 

19. RELEASE 

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 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.” 

20. NOTICE 

Notices to you may be made via either email or regular mail. The Foundation may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is: American Patient Access Foundation, 701 5^th Ave 42^nd Floor Seattle, WA 98104. 

21. TRADEMARK INFORMATION 

American Patient Access Foundation, trademarks and service marks, and other Foundation logos and product and service names are owned by and / or trademarks of American Patient Access Foundation (the American Patient Access Foundation Marks). Without the Foundation’s prior permission, you agree not to display or use in any manner, the American Patient Access Foundation Marks. American Patient Access Foundation Business Partner and third party trademarks are the property of their respective owners. 

22. GENERAL INFORMATION 

1. 1. Entire Agreement. The Terms constitutes the entire agreement between you and the Foundation and governs your use of the Service, superseding any prior agreements between you and the Foundation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software. 

2. 2. Choice of Law. The Terms and the provision of the Service to you are governed by the laws of the State of Delaware. 

3. 3. Arbitration. Any controversy or claim arising out of or relating to the Terms or the provision of the Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in The State of Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and the Foundation agree to submit to the personal jurisdiction of the courts located within The State of Delaware. Either you or the Foundation may seek any interim or preliminary relief from a court of competent jurisdiction in The State of Delaware necessary to protect the rights or property of you or the Foundation (or its agents, suppliers, and subcontractors) pending the completion of arbitration. 

4. 4. Invalid Provisions. The failure of the Foundation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 

5. 5. Time to File Claim. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

6. 6. Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.

23. VIOLATIONS 

Please report any violations of the Terms of service to admin@americanpatientaccess.org 

Please be advised that accusations of illegal or immoral Campaign activities will only be responded to when communicated through properly formatted requests from law enforcement organizations.