Terms of Use for The Assistance Fund Provider Portal

Introduction

The Assistance Fund, Inc.’s (“TAF”) Provider Portal Terms of Use (the “Terms”) contain the terms and conditions upon which TAF is willing to provide you (“You” or “User”) access to and use of Provider Portal website, and all related pages, information, databases, materials and services (collectively, the “Portal”), and govern (i) any request you make to TAF through the Portal, and (ii) your use of any services available through the Portal (the “Services”). These Terms form a contract between you and TAF. If you do not agree to be bound by these Terms, you may not access or use the Portal or the Services.

The Portal is accessible only to health care providers with verified NPI numbers that treat patients receiving assistance or applying for assistance from TAF, including physicians and pharmacies, and is for informational purposes, only. Other third parties acting on behalf of patients (such as reimbursement hubs or pharmaceutical manufacturers) are not permitted access to the Portal and you may not share information obtained from the Portal with such third parties. The Portal shall only be used to view information on, and communicate with TAF regarding, patients you are treating.

Use of the Portal indicates your acceptance of these Terms, TAF’s Privacy Policy and any other separate terms and conditions you expressly agree to be bound by when using such Services or using the Portal.

If you have questions regarding these Terms, please contact TAF at help@tafcares.org or (855) 845-3663.

User IDs

You agree to comply with all of TAF’s rules and regulations and security restrictions in connection with use of the Portal. Each user will be assigned a unique user identification name and password for access to and use of the Portal (“User ID”). You shall be solely responsible for ensuring the security and confidentiality of all User IDs. User acknowledges that it will be fully responsible for all liabilities incurred through its inappropriate use of any User ID and that any transactions under a User ID will be deemed to have been performed by User or User’s authorized employees (for example, pharmacists of a pharmacy). Use or disclosure of any User ID by User, other than as provided in the Terms, shall be considered a breach of this Agreement by You. You may not share your User ID with any other user of the Portal or any unauthorized third parties.

License

By accessing the Portal, you have a limited license to use the Portal and Services, including the limited right to view, download and print, for your noncommercial, personal use and information only, pages of the Portal, subject to these Terms. You may not share any information obtained from the Portal with third parties without TAF’s express, written consent. These Terms cannot be waived or modified by any oral communications between you and TAF.

Not Medical Advice

The Portal does not offer medical advice. Any content accessed through the Portal is for informational purposes only. You are solely responsible for the accuracy of all information contained in your personal data that may be accessible through the Portal. Providers should only use information obtained through the Portal as guidance and are solely and exclusively responsible for their provision of clinical or professional medical or pharmacy services.

Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Call 911 for all medical emergencies.

Updating Terms

TAF reserves the right, at its discretion, to modify or delete the contents of these Terms or other policies that govern use of the Portal at its discretion, at any time, for any reason. TAF also reserves the right to terminate the Services or any part of the Services (including Your access to the Portal), in its sole discretion, for any or no reason. You should review these Terms periodically for changes. The Terms can be accessed from the link at the bottom of tafcares.org. Your continued access or use of the Portal shall be deemed acceptance of all changes.

Personal Information and Unauthorized Use

You agree that any information you provide to TAF, including, without limitation, passwords, usernames, credit card and financial information, patient information and other personally identifiable information, whether through registration forms, reimbursement forms or other information requests, (collectively “Personal Information”), will be true, accurate, current and complete information. You agree not to provide Personal Information that is false, inaccurate, misleading or fraudulent. You are solely responsible for all transactions and transmissions that occur through the use of your and your patients’ Personal Information, and it is your responsibility to maintain and promptly update your and your patients’ Personal Information. You agree that TAF is not liable to you or any third party for damages or losses related to the accuracy or disclosure to TAF of your or your patients’ Personal Information. If you believe that someone has used your or your patients’ Personal Information to access any TAF services without your or your patient’s authorization, as the case may be, please contact TAF immediately at help@tafcares.org or (855) 845-3663.

TAF may use your and your patients’ Personal Information to provide, and to communicate with you about, our services, specifically to determine eligibility and to provide qualifying patients with assistance for certain out-of-pocket health care costs. We may transfer this Personal Information to pharmacies in order to process payments, as well as to other health care providers and their staffs, employer, insurance company and other persons or entities working on patients’ behalves to obtain eligible treatment or therapy. TAF also may transfer this Personal Information, as well as other information collected on this Portal, to outside contractors, auditors, consultants or others hired by TAF to assist in providing financial or operational activities on TAF’s behalf, including technical and processing services and analysis of Portal performance.

Please review TAF’s Privacy Policy, which is incorporated into these Terms by reference, for more information regarding TAF’s policies and procedures for disclosing and using your and your patients’ Personal Information. Subject to the Privacy Policy and applicable law, TAF retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) related to these Terms or TAF’s provision of the Services.

Children

As noted in its Privacy Policy, TAF does not knowingly or specifically collect Personal Information from users under the age of 13. TAF presumes minors over age 13 who use the Portal are doing so with the consent of their parent, guardian or other authorized person and that any acceptance of TAF’s Terms is done by such parent, guardian or other authorized person.

Termination, Removal of Materials, and Monitoring

If you no longer agree to be bound by these Terms, you must cease use of the Portal and Services. You agree that TAF may terminate, restrict or suspend all or part of your license to access the Portal and delete any content transmitted to or through the Portal, at any time, at its sole discretion, without prior notice to you and without any liability to you. Upon termination of these Terms and any related Services, TAF shall continue to have the right to use any data or information you provided to TAF to the extent permitted pursuant to these Terms, the TAF Privacy Policy, applicable law or as you may have otherwise agreed to on the Portal.

Website Linking and Cautions About Third Party Information Included in Portal

For your general informational use only, TAF may provide access to third party websites. These links allow you to leave the Portal. TAF is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Portal via hyperlink or otherwise, whether such link is provided by TAF or by a third party (including any responsibility for the accuracy, timeliness or suitability of the content of any third party website to which TAF may link). By providing access to other websites, TAF is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. TAF does not expressly, or by implication, endorse, recommend or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Disclaimers and Limitations of Liability

In using the Portal you acknowledge and accept that there are risks. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE PORTAL, OR BY OR ON BEHALF OF TAF, AND THE PORTAL ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). TAF MAKES NO REPRESENTATION OR WARRANTY REGARDING, IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE PORTAL OR THE SERVICES, OR ANY MATERIAL ON THE PORTAL, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN TAF, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON TAF’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO TAF.

YOU AGREE THAT TAF IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL TAF’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE GREATER OF THE FEES YOU PAID TO TAF FOR THE PARTICULAR SERVICES FROM WHICH ANY CLAIMS ARISE OR $100. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY TAF IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST TAF, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

If you provide TAF with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold TAF responsible for any misuse or unauthorized viewing of that information.

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by TAF, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by TAF of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by TAF.

Dispute Resolution

If a dispute arises between you and TAF, it is the goal of TAF to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims or controversies (“Claims”) arising under or relating to these Terms, the Portal or the Services that cannot be resolved informally, will be finally resolved by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Portal or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).

Additional Terms

Certain areas of this Portal may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Independent Parties

For purposes of these Terms, neither party hereto shall be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by these Terms.

Applicable Law

You agree that the laws of the State of Florida (excluding any choice of law rules) govern your rights and obligations relating to TAF and your use of the Portal. You agree to comply with all applicable laws governing your use of the Portal and Services.

Entire Agreement

These Terms, and any policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and TAF related to the Portal and Services. All prior agreements, representations, statements, negotiations and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except in writing, and as set forth herein. If there is a conflict between these Terms and any terms appearing on the Portal, or in any policies, those terms that are more favorable to TAF shall govern.

Survival of Obligations

The terms that by their nature are intended to survive beyond the termination, cancellation or expiration of these Terms shall survive.

Effective Date: October 1, 2020