Welcome to Fusion.com. The website is owned and operated by Fusion Healthcare Fielding LLC a US based business
These website and materials are designed to comply with relevant laws and regulations.
This is a binding agreement (“Agreement”) between Fusion, Inc. and its affiliates and you (“You” or Your”). This Agreement governs Your use of the website (www.Fusion.com) and our app (the “Site” or “Sites”), including, without limitation, all content such as text, information, images, Fusion branded products and all information made available to You or by You through this Site by Fusion and/or third parties.
1. Fusion Panel
A. Membership and Required Information
Fusion membership includes you as part of the Fusion Panel, a HCP survey panel owned and maintained by Fusion and also goes by the name Healthcare Views panel (“Panel”).
As a Panel member, you will have access to the below services as well as eligibility to receive invitations to participate in market research surveys when opportunities arise. Participation in the Panel is free and may generate honoraria and incentives. As a Panel member, Fusion (or its service providers or affiliates on Fusion’s behalf) may contact you multiple times via any and all contact information that you provide.
You may only join Fusion once and therefore membership is personal to you and is not transferable to any other person. Fusion has the right to refuse any Fusion member inclusion in its Panel.
To complete your Panel profile, you will be asked to provide personal information about you and on key profiling demographics that we need, at a minimum, to ensure you are eligible to become a member of the Panel and to ensure that once you have successfully registered with the Panel that you have an opportunity to be invited to the market research interviews and surveys as may be applicable. You are responsible for ensuring that your personal details and your profile data at any point are true, accurate and current.
C. Removal from Panel
If you no longer wish to be a member of the Panel, you may request to be removed from the Panel at any time.
You can request your personal details to be removed from the Panel active database and to have your participation in the Panel terminated by:
- Sending us an e-mail at [email protected] from the e-mail address you registered with and with the words “Remove Me” in the subject line and
- Sending us an e-mail at [email protected] referencing the e-mail address with which you registered with the Panel and with the words “Remove Me” in the subject line
Failure to follow the stated procedure correctly may result in delay in the removal of your information from the Panel databases. Your removal request will be dealt with promptly. It may at times take up to one month to remove your name and contact information from the database.
D. Termination of Panel Participation
Fusion reserves the right to suspend or cancel Panel participation, together with any outstanding honoraria or incentives, if applicable, if one of the following events occurs:
- You breach any of the Terms of Use (including any terms found in the Privacy Policy and/or any honoraria specific Terms and Conditions)
- You misuse your membership on the panel or use it for any improper purpose
- Any activities on your account(s) or your participant responses to surveys are subject to investigation in regards to data integrity, fraudulent representation of data, or other suspicious activities related to participating in events
- Fusion’s right to process and use any information necessary to run the Panel is legally withdrawn, by law or otherwise
G. Honoraria /Incentive Payments
1. Payment Policy
Fusion and its clients may present you with opportunities (“Opportunities”) for interaction with Fusion and its clients. Participation in Opportunities may include interactions on third party websites. You may be offered compensation for participation in certain Opportunities. Your completion of such an Opportunity does not constitute confirmation of Fusion’s obligation to compensate You for such participation.
Fusion employees may at times be required to be informed of your completion of an Opportunity.
Fusion reserves the right at any time to withhold or cancel any of Your payments or fees due for any reason including any actions or omissions on Your part that are not completed, unauthorized, fraudulent or otherwise violate the terms of this Agreement.
2. Earning
Should you participate as a Panel member to respond to surveys, interviews or other Opportunities as described above, you may be entitled to honoraria or incentives for completed participation, depending upon the specifics of the survey or response opportunity. The value of your honorarium or incentive, communicated to you prior to survey participation, is dependent on multiple factors, such as the length of the survey and the complexity of the research project, the type of survey and related Service, and any local regulations in your jurisdiction.
Upon completion of a survey or response opportunity for which you are entitled to an honorarium or incentive, the funds will be transferred to you via the form of online gift cards. In selected circumstances, there may be other forms of payment.
5. Information Sharing and Third Parties
Fusion reserves the right to appoint third party processors to process and administer any honoraria or incentives. When using third party providers, Fusion takes every care reasonable to ensure your privacy is protected. For more details on how your privacy is protected also see our Privacy Policy.
6. Delivery
Fusion takes all reasonable measures to meet its goal that any applicable honoraria and incentive payments are generally made to you within 1 to 2 weeks after the completion of your Opportunity.
The length of the payment time may vary depending on your country of residence and payment preference, as well as the particular survey sponsor. You are responsible to notify Fusion if you do not receive an honorarium or incentive that you believe you are due, within 6 months of completion of the applicable survey. Failing to do so may further delay or result in the waiver of your payment. Fusion shall not be liable for any losses suffered due to any errors in the administration of honoraria or incentive due to incorrect payment details that you provide to Fusion.
7. Taxes
You are responsible to declare any taxes, if due, to your local financial authorities as a result of honoraria or incentives that you receive as further set forth below.
Fusion will not be liable for any taxes or for providing any assistance on tax matters. For Panel members in the United States or Other Country,
Fusion may issue a 1099 federal or equivalent tax form in the event you receive honoraria or incentives requiring the reporting of income. Details on any honoraria or incentives paid to you can be found on your personal pages.
8. Cancellation and Changes to Balance
Fusion reserves the right to quarantine or cancel your balance of honoraria or incentive due, in whole or in part, if it suspects fraud, foul play or breach of any of the clauses set out in our Terms of Use.
Fusion reserves the right to revert your honoraria or incentive if it has not been claimed or used for a period of 12 months from the date of issue. After the 12 month period any reverted honoraria or incentive will be reissued upon request of the recipient. However the request must be submitted to [email protected]. It is your responsibility to keep track of any payments you may be due.
3. Modification to Payments and Terms
Fusion RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PAYMENT AND OTHER TERMS PROVIDED BY THIS SITE, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
4. Methods of Payment and Taxes
In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by You, such tax or deduction shall be paid by You, so that the payments by Fusion shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by Fusion to You under this Agreement. In the case where You have or will have been paid in an amount greater than $600 in a single fiscal year, Fusion reserves the right to request and receive a Tax ID No. or other information from You prior to making any subsequent payments. Fusion shall make all payments due under provisions of this Agreement in your local currency.
6. Medical Disclaimers
The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of a HCP in diagnosing and treating patients.
Fusion or You are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Fusion, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. Fusion does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by You is solely at Your own risk.
7. Representation
As a user of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in Section 1. You hereby certify that You are not a paid consultant or have any other financial interests in the information you provide to this Site, including, but not limited to, the promotion of “off-label” drug uses, the disclosure of confidential clinical trial or other proprietary information.
8. Patient Data and Legal Compliance
The Site is not intended for the transmission, storing, review or receipt of confidential patient information (“Patient Information”). However, if you upload such Patient Information to the Site, the following terms apply.
Applicable laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Site, the Materials and any third party site. You agree that Fusion, Fusion’s licensors and licensees, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials, and are acting on Your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO Fusion) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
9. General Disclaimers
THE MATERIALS AND THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL Fusion, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY Fusion OR Fusion’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER Fusion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Fusion ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Fusion and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Fusion may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Fusion makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
10. Limitation of Liability
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, Fusion SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND Fusion AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND Fusion AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND Fusion. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, Fusion WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
11. Indemnity
You agree to defend, indemnify and hold Fusion, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Fusion’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
12. User Submissions
General:
Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the Site or third party site will be considered non-confidential and non-proprietary (“Communications”). Fusion will have no obligations with respect to the Communications. You agree that from time to time Fusion may invite or otherwise make You aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
Fusion hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Fusion Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to Your own contributions and does not grant You rights to republish the contributions or postings of other Fusion members. Fusion and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Fusion shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other Fusion member unless that individual has previously revealed his or her own name or personally identifying information in that specific Fusion post. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Fusion hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Fusion in its sole discretion and without further notice. You are reminded that Fusion does not collect personal health information about individuals. To submit a post, You must provide and upload information to the Fusion server. Within Your uploaded submission, Fusion does not collect or maintain information that would associate this submission with a specific patient or individual. To be clear, Fusion does not possess nor does it wish to possess patient data.
Personal Profile:
Once a registered participant, You may provide additional information in Your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of Fusion and will be considered non-confidential and non-proprietary. Providing additional information in Your personal profile beyond what is required at registration is entirely optional and can be altered or removed by You at any time.
13. Cooperation with Government Authorities
If necessary and in accordance with applicable law, Fusion will comply with local, state, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.
14. Links to Other Materials
The linked sites are not necessarily under the control of Fusion and Fusion is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Fusion reserves the right to terminate any link or linking program at any time. Fusion has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Fusion shall not be responsible for notification of any change in name or location of any information of the Site. Fusion reserves the right to request any web site administrator to disable or remove any link that violates any rights of Fusion or causes interruption or deterioration of Materials provided by Fusion. Fusion also reserves the right to request any web site administrator to disable or remove any link that is in direct competition with Fusion or any material posted that elicits the poaching of other Fusion members. Failure to abide by this request shall be dealt with as provided in this section.
15. Applicable Laws
This Site is controlled by Fusion from its global offices. Fusion makes no representation that Materials in this Site are appropriate or available for use in all locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of applicable export laws or regulations. Any claim relating to the Materials shall be governed by local applicable law.
16. Dispute Resolution
Any dispute between Fusion and You arising out of this Agreement shall be resolved first by direct communication with one or more of Fusion’s management team members. Should Fusion and You be unable to resolve the dispute by communication and both You and Fusion jointly agree to do so, Fusion or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association or its equivalent nearest the place of Your professional. The arbitrator shall fully implement the intent and purposes of this Agreement.
20. Waiver of Breach
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
21. Force Majeure
Fusion shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Fusion to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Fusion’s control.
22. Notice
Fusion may deliver notice to You under this Agreement by means of electronic mail, a general notice on http://www.Fusion.com, or by written communication delivered by first class mail to Your address on record in Fusion’s account information. You may give notice to Fusion at any time via electronic mail to [email protected] or by letter delivered by first class postage prepaid mail or overnight courier to the following address:
Fusion
200 Park Ave South,
New York, NY 10003
Attn: Fusion Legal Department
If You object to any material found on this Site, please bring Your concerns to the attention of [email protected]. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
24. Invalidity
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
25. General
Fusion reserves the right to make changes to this Agreement at any time without advance notice. Fusion agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. You understand and agree that if you use the Fusion services or access the Site after the date on which the amendment has been posted, You consent to such amendment.