Acceptance of Terms
HEALfundr requires that all donors, campaigners, beneficiaries, non-profit organizations, and all other visitors (hereby collectively known as “users”) to its site (“the Site”) agree and be subject to the following Terms and Conditions (“Agreement”). By using the Site, you indicate your acknowledgement to comply with the Agreement. Should you object to any term or condition of the Agreement, any guidelines or any subsequent modifications thereto, or become dissatisfied with HEALfundr in any way, your only recourse is to immediately discontinue use of the Site.
Who We Are
HEALfundr is entirely owned and operated by NeedyMeds Inc., a registered 501(c)(3) nonprofit organization (#46-3091990) headquartered in Gloucester, Massachusetts.
What We Do
HEALfundr provides crowdfunding tools to individuals and non-profit organizations that wish to raise money for verified medical causes. Each campaigner who has been verified receives a personal crowdfunding page where they can post stories, photos and videos about their cause and receive donations by credit card via Authorize.net or check via NeedyMeds. All donations within the goal are paid directly to service providers or eligible non-profits; beneficiaries only receive direct donations exceeding the goal that have been designated by the donor at the time of donation.
Eligibility to Use the Site
Anyone residing in the United States and its territories with health-related expenses is eligible to apply for this service. Potential campaigners must verify their medical diagnosis before being accepted by submitting documentation supporting the asserted diagnosis. A team of medical professionals will verify campaigns based on the submitted documentation. HEALfundr reserves sole, complete discretion to decide eligibility and may deny access to the Site for any reason or no reason. Decisions by HEALfundr related to this Section or to eligibility in general are final and cannot be appealed to any forum.
If you are a user of the Site, you authorize HEALfundr to provide the following services on your or a designated beneficiary’s behalf. HEALfundr will:
NeedyMeds will not bill the program participant for any services provided by the HEALfundr program. The Site charges a sliding administrative fee to donations:
Authorize.net deducts a credit-card processing fee for online donations. There will be no charge for processing mailed checks. Campaigner is responsible for any fees related to donations. All fees are taken from money raised, with the final goal set by HEALfundr to cover the entire cost. In no case will the campaigners ever pay for services out of pocket.
HEALfundr requires all users who wish to raise funds for their medical bills or non-profit group (“campaigners”) or donate to a campaign (“donors”) to sign up for an account by completing all required fields on the respective registration page on the Site.
As part of the registration process, users agree to provide: (a) information that is truthful, current, complete, and accurate; and (b) update this information to maintain its accuracy.
Users are solely responsible for maintaining the confidentiality of their password, username and all uses of their campaign account regardless of whether they have authorized such uses. Users shall not share their account information or password with anyone else. Users agree not to use the account, username, or password of anyone else. Multiple accounts are prohibited; users agree to have only one account. Users agree to exit from their account at the end of each session and to take all reasonable precautions to prevent others from using their account. Users agree to notify HEALfundr immediately of any unauthorized use of their account.
Campaigners can either be beneficiaries themselves or maintain the campaign on behalf of a willing beneficiary who is active in the campaign (providing necessary documents, etc.). Parents may maintain campaigns for their children; legal guardians must provide documentation asserting the legal relationship. If an adult is maintaining a campaign for another mentally competent adult, the beneficiary must sign-up and grant access to the account to the campaigner. Adults maintaining campaigns for adults who are deemed mentally incompetent must provide documentation of their power of attorney.
When applying for a campaign, users must provide documents supporting the asserted diagnosis. We will need:
Medical bills submitted for payment via HEALfundr must be included in the summary of expected expenses at time of application. Any treatments exceeding $250 not included in the application will require a separate campaign application be submitted.
Donations from which fees have been withdrawn shall be held in a non-interest bearing escrow account and HEALfundr/NeedyMeds shall hold the money as an escrow agent, with fiduciary duties, unless and until payments are disbursed. In the event of any disagreement between the parties about disbursements, the Escrow Agent may retain all funds pending instructions mutually given by the donor and the beneficiary, or by a decision of a court of competent jurisdiction.
Rules and Conduct
Users must be 18 years of age or older, or if under 18, they have received parental consent and are acting under parental supervision. The Site is not for persons under the age of 13 as detailed in the Children’s Online Privacy Protection Act. If you are under 13 years of age, please do not use the Site. There is no age restriction for beneficiaries. All users and beneficiaries must be residents of the United States or its territories.
Users understand that all fundraising campaigns, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, users are entirely responsible for each individual item of Content that they post, email or otherwise make available via the Site.
Users agree they shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites that offer such information, (i) containing or suggesting an endorsement by HEALfundr/NeedyMeds or users of their Content; or (ii) relating to this Agreement, without the prior review and written approval of HEALfundr. Notwithstanding the foregoing, users may accurately disclose and describe their activities and Content (i.e., describing and promoting campaigns on blogs, social media sites, or in emails).
Users agree not to post, email, or otherwise make available Content:
Additionally, users agree not to:
Transactions Between Parties
NeedyMeds, parent and operating organization of HEALfundr, serves as an intermediary between donors, campaigners, and the beneficiary’s medical service providers. As funds are donated, NeedyMeds coordinates with the beneficiary and their service providers to pay bills directly. At the time of donation, donors have five options as to how their funds will be distributed should the funds collected exceed medical expenses:
HEALfundr does not warrant that funds designated by the donor to be sent to the campaign beneficiary (Option 1) will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary. Donations made on HEALfundr are nonrefundable, except in the exclusive case that the donor designates at the time of donation that funds exceeding the financial goal be received as a pro-rated refund (Option 2). Options 4 and 5 may be tax deductible; consult a tax professional to learn more. Selecting an option for the excess funds does not guarantee that they will be distributed as selected; all such options are contingent on the campaign exceeding the financial goal needed to cover the costs of medical expenses and associated fees.
Rights and Licenses
Users retain all right, title, and interest, including, without limitation, all worldwide intellectual property rights, in and to their Content that is submitted, posted or displayed on or through the Site. By posting or providing Content, users grant HEALfundr an unlimited, worldwide, non-exclusive right to license to use, display, distribute, copy, share, modify, and create derivative works of their Content without further compensation or payment. Users also grant NeedyMeds the right to include their name and picture in press releases as well as other announcements on the Site. HEALfundr/NeedyMeds shall not acquire any right, title, or interest in or to such Content, except as provided herein. Any rights not granted by the user herein are deemed retained by the user.
HEALfundr and Content available through the Site may contain features and functionalities that may link you or provide you with access to third-party content that is independent of HEALfundr, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. HEALfundr makes no warranties or representations as to the security or appropriateness of any content found therein, and you access such content at your own risk.
HEALfundr and parts of the Site contain links to social media sites. These links are provided solely as a convenience to users and not as an endorsement by HEALfundr of the content on such social media sites. HEALfundr is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with HEALfundr is at your own risk.
Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and believe that any Content submitted by users or otherwise on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing NeedyMeds with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Health Insurance Portability and Accountability Act Compliance
The purpose of this provision to this Agreement is to comply with the requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Associated Regulations, 45 CFR Parts 160-164, as may be amended (hereinafter referred to as the “Privacy Rule”) and 45 CFR Section 142.308(a)(2), as may be finalized in an amendment, and amended (hereafter referred to as “The Chain of Trust” requirement).
The Privacy Rule requires beneficiaries to obtain written assurances from HEALfundr/NeedyMeds that NeedyMeds will appropriately safeguard protected health information (“PHI”; i.e., medical bills, service providers contact information). The Chain of Trust provision requires that a contract involving an exchange of protected health information protect the integrity and confidentiality of the protected health information.
Beneficiaries and NeedyMeds have entered into a relationship under which NeedyMeds, as an intermediary payer of the beneficiary’s medical expenses, may receive, use, obtain, access or create protected health information from or on behalf of the beneficiary in the course of providing the following services for beneficiaries:
NeedyMeds will implement and maintain commercially appropriate security safeguards to insure that PHI obtained by or on behalf of beneficiaries is not used or disclosed by NeedyMeds in violation of this Agreement. Said safeguards shall be designed to protect the confidentiality and integrity of such PHI obtained, accessed or created from or on behalf of beneficiaries. Security measures maintained by NeedyMeds shall include administrative safeguards, physical safeguards, technical security services and technical security mechanisms as are necessary to protect such PHI.
If NeedyMeds has knowledge of any use or disclosure of PHI not provided for by this Agreement, then NeedyMeds will immediately notify beneficiaries in accordance with the notice provisions of this Agreement. NeedyMeds will establish and implement procedures and other reasonable efforts for mitigating, to the greatest extent possible, any harmful effects arising from improper use and/or disclosures of PHI.
NeedyMeds will require any subcontractor, agent or other representative that is authorized to receive, use or have access to PHI obtained or created under this Agreement, to agree, in writing, to adhere to the same restrictions, conditions and requirements regarding the use and/or disclosure of PHI and safeguarding of PHI that apply to NeedyMeds under this Agreement. Such Agreements shall identify beneficiaries as third parties with rights of enforcement in the event of any violations.
NeedyMeds will comply with the following individual rights requirements as applicable to PHI used or maintained by HEALfundr:
With reasonable notice, beneficiaries may audit NeedyMeds to monitor compliance with this Agreement. NeedyMeds will promptly correct any violation of this Agreement found by the beneficiary and will certify in writing that the correction has been made. NeedyMeds will make its internal practices, books, records, and policies and procedures relating to the use and disclosure of PHI received from or created or received by NeedyMeds on behalf of beneficiary, available to the Federal Department of Health and Human Services and the Office of Civil Rights for purposes of monitoring compliance with the Privacy Rule.
Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits beneficiaries to comply with the Privacy Rule. The parties agree to amend the Agreement from time to time as necessary for beneficiaries to comply with the requirements of the Privacy Rule and HIPAA.
15A. HIPAA Obligations of Beneficiary
Section 15 of this Agreement will become effective upon the submittal of PHI included in campaign application and shall remain in effect for the duration of all services provided by HEALfundr/NeedyMeds and for so long as NeedyMeds shall remain in possession of any PHI received from, or created and received by NeedyMeds on behalf of beneficiary.
Upon termination of this Agreement, HEALfundr/NeedyMeds will recover any PHI relating to this Agreement in the possession of its subcontractors, agents, or representatives and destroy all such PHI plus all other PHI related to the Agreement in its possession and will retain no copies.
Users acknowledge that HEALfundr may establish limits at its sole discretion concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which users may access the Site. HEALfundr reserves the right to change or make corrections to any of the information provided on the Site at any time and without any prior warning.
HEALfundr reserves the right to terminate accounts created by users who misappropriate the name, e-mail address, or other personally identifiable information of another individual.
HEALfundr reserves the right to deny a user account or modify or terminate an existing user account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time.
Beneficiary may immediately terminate this Agreement if beneficiary determines that HEALfundr/NeedyMeds has breached a material term this Agreement.
Users agree not to attempt to use the Site after said termination.
Disclaimer of Warranties
Use of the HEALfundr site and the service is entirely at users’ own risk. The Site and the Service are provided on an “As Is” or “As Available” basis, without warranties of any kind. All expressed and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
To the fullest extent permitted by law:
HEALfundr cannot, and does not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor is it liable for the inaccuracy or omission concerning any of the information provided on the site.
Limitation of Liability
In no event shall NeedyMeds, its affiliates, or any of their directors, officers, employees, agents, or content or service providers (collectively known as the “Protected Entities”) be liable whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill, or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the Content, materials and functions related thereto, users’ provision of information via the Site, lost business or lost sales, even if such Protected Entity has been advised of the possibility of such damages.
HEALfundr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party sites or vendors. If there is a dispute between participants on this site, or between users and any third party, users understand and agree that HEALfundr/NeedyMeds is under no obligation to become involved. In the event that users have a dispute with one or more other users, users hereby release HEALfundr/NeedyMeds, its officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services.
HEALfundr has no responsibility or liability for deletion or failure to store any Content maintained or transmitted by the Site. HEALfundr is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the service.
These limitations shall also apply with respects to damages incurred by reason of other services or products received through or advertised in connection with the HEALfundr site or the service or any links of the Site, as well as by reason of any information or advice received through or advertised in connection with the HEALfundr site or the services or any links on the Site.
These limitations shall apply to the fullest extent of the law and shall survive the termination or expiration of this agreement.
Users agree to indemnify, defend and hold harmless HEALfundr/NeedyMeds and its affiliates from any and all loss, damage or liability including reasonable attorney fees and court costs arising from any third-party claim, action or allegations of infringement based on: (a) information, Content or data they submitted in connection with the Site; (b) their use of this Site in breach of any term or condition in the Agreement; (c) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct; or (d) breach of their representations and warranties as set forth herein.
Any delay in or failure of performance by HEALfundr or NeedyMeds will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, acts of God, acts of civil or military authority, fires, floods, earthquakes, environmental conditions, riots, wars, sabotage, strikes or labor disputes, failure of power, cyber attacks, theft, failure of telecommunications lines or compliance with any law, regulation, or order (whether valid or invalid) of any governmental body.
Changes to this Agreement
HEALfundr reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon posting thereof. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. You are responsible for checking this Agreement periodically.
The Agreement constitutes the entire agreement between you and HEALfundr and governs your use of the Service, superseding any prior agreements between you and HEALfundr/NeedyMeds.
The Agreement and the relationship between you and HEALfundr shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and NeedyMeds agree to submit to the personal and exclusive jurisdiction of the courts located within Essex County, Massachusetts.
The failure of HEALfundr to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is found by the court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You may not attempt to assign or transfer any right or obligation set forth in this Agreement without obtaining HEALfundr’s prior express written consent.
This agreement shall be binding upon each party’s successors and assigns.
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 Agreement must be filed within one year after such claim or cause of action arose or be permanently barred.