Terms of Service & Privacy Policy

    Please read these terms and privacy policies carefully as they govern your use of Fergus Medical's services and how we protect your information.

    Last Updated: January 1, 2024
    HIPAA Compliant

    Terms of Service

    These Terms of Service constitute a legally binding agreement between you and Fergus Medical regarding your use of our amniotic tissue graft distribution services, online platform, and related services.

    1. Acceptance of Terms

    By accessing and using Fergus Medical's services, including our website, online platform, and amniotic tissue graft distribution services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

    2. Services Description

    Fergus Medical provides amniotic tissue graft distribution, insurance verification, billing support, online ordering platforms, and related administrative services to healthcare professionals and organizations. Our services are designed to streamline medical supply chains and administrative processes for healthcare providers.

    3. User Accounts and Registration

    To access certain features of our services, you must register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate and complete information during registration and keep your account information updated.

    4. Acceptable Use Policy

    You agree to use our services only for lawful purposes and in accordance with these Terms. You may not use our services to violate any applicable laws, regulations, or third-party rights. This includes compliance with HIPAA, FDA regulations, and other healthcare-related legal requirements.

    5. Medical Products and Services

    All amniotic tissue grafts distributed through our platform are sourced from licensed tissue banks and distributors. We maintain appropriate certifications including Human Cell & Tissue License #3033730217 and comply with FDA regulations. However, you are responsible for ensuring products meet your specific clinical requirements and obtaining any necessary medical approvals.

    6. Insurance Verification

    Our insurance verification services are provided as a convenience and support tool. While we strive for accuracy, you remain responsible for verifying insurance coverage and benefits. Insurance verification results do not guarantee payment or coverage approval.

    7. Billing and Payment Terms

    Payment terms are specified in your service agreement. All fees are non-refundable unless otherwise specified. We reserve the right to suspend services for non-payment. You are responsible for all taxes associated with your use of our services.

    8. Intellectual Property Rights

    The Fergus Medical platform, including its software, content, trademarks, and other intellectual property, is owned by Fergus Medical or its licensors. You may not copy, modify, distribute, or reverse engineer any part of our platform without written permission.

    9. Limitation of Liability

    To the maximum extent permitted by law, Fergus Medical shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services. Our total liability shall not exceed the amount paid by you for services in the twelve months preceding the claim.

    10. HIPAA and Compliance

    You acknowledge that healthcare services are subject to various federal, state, and local regulations. You are responsible for ensuring your use of our services complies with all applicable laws, including but not limited to HIPAA, FDA regulations, and state licensing requirements. We maintain HIPAA compliance and require Business Associate Agreements where applicable.

    11. Termination

    Either party may terminate the service relationship with appropriate notice as specified in your service agreement. Upon termination, you must cease using our services and we may delete your account data according to our data retention policies and HIPAA requirements.

    12. Governing Law

    These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Phoenix, Arizona in accordance with the rules of the American Arbitration Association.

    Questions About Our Terms or Privacy Policy?

    If you have any questions about these Terms of Service or Privacy Policy, please don't hesitate to contact our team.

    General Inquiries

    support@fergus-medical.com

    Privacy Officer

    privacy@fergus-medical.com

    Phone

    (888) 488-8654

    These Terms of Service and Privacy Policy are effective as of January 1, 2024 and supersede all previous versions. We recommend reviewing these documents periodically for any updates.