TERMS & CONDITIONS

Welcome to fusellafamilymedicine.com (the “Website”). This Website is owned and operated by Fusella Family Medicine PLLC (“we,” “us,” or “our”). By accessing or using this Website, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, please do not use this Website.

1.1 General Use

Use of fusellafamilymedicine.com, including all materials and all online services provided by Fusella Family Medicine, is subject to these Terms & Conditions. By using fusellafamilymedicine.com, you agree without modification to these Terms and acknowledge reading them.

1.2 Eligibility

This Website is not intended for use by anyone under the age of 13. If you are under 13 years of age, you may not use this Website. If you are between 13 and 18 years of age, you may only use this Website with the supervision and consent of a parent or legal guardian.

1.3 Prohibited Uses

You agree not to use this Website:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate Fusella Family Medicine, our employees, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

2.1 Informational Purposes Only

The information, content, and materials on this Website are provided for general informational and educational purposes only. Nothing on this Website constitutes medical advice, diagnosis, or treatment. The content should not be used as a substitute for professional medical advice, diagnosis, or treatment.

2.2 No Doctor-Patient Relationship

Accessing or using this Website does not create a doctor-patient relationship between you and Fusella Family Medicine or any of our healthcare providers. A doctor-patient relationship is established only after:

• You have completed the membership signup process through our SigmaMD platform
• We have reviewed your information and confirmed our ability to accept you as a patient
• You have signed all required agreements and consents
• We have expressly communicated our acceptance of you as a patient

2.3 Emergency Situations

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS.

2.4 No Guarantee of Service

Visiting this Website or submitting information through this Website does not guarantee that Fusella Family Medicine will accept you as a patient. We reserve the right to decline to provide medical services if we determine that we cannot appropriately serve your needs or if there is any conflict or other reason that prevents us from accepting you as a patient.

3.1 SigmaMD Platform

This Website contains links to our care management platform provided by SigmaMD (Sigmoid Health, Inc.). When you click through to SigmaMD to sign up for membership or access patient services:

• You will be subject to SigmaMD’s separate Terms of Service and Privacy Policy
• You will be creating an account directly with SigmaMD
• Your use of the SigmaMD platform is governed by their terms, not these Website Terms
• Fusella Family Medicine is not responsible for SigmaMD’s platform, services, or any technical issues with their system

3.2 Newsletter Service

This Website may link to our newsletter signup hosted on drmarissa.com. Your use of that service is subject to their separate terms and privacy policy.

3.3 Other Third-Party Links

This Website may contain links to other third-party websites that are not owned or controlled by Fusella Family Medicine. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Links are provided only as a convenience to our visitors.

You acknowledge and agree that Fusella Family Medicine 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 third-party content, goods, or services available on or through any such websites or services.

4.1 General Information Only

All content on this Website, including but not limited to text, graphics, images, information, and other materials, is for general informational purposes only and does not constitute medical advice.

4.2 No Warranties

We make no representations or warranties of any kind, express or implied, about:

• The accuracy, reliability, completeness, or timeliness of any information on this Website
• The suitability of any information, products, or services mentioned on this Website for your particular circumstances
• The results you may obtain from using any information on this Website

4.3 Consult Your Healthcare Provider

You should always:

• Seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition
• Never disregard professional medical advice or delay in seeking it because of something you have read on this Website
• Call 911 or seek immediate medical attention if you think you may have a medical emergency

4.4 No Endorsements

References to any specific tests, products, procedures, opinions, or other information on this Website do not constitute an endorsement or recommendation by Fusella Family Medicine.

5.1 Direct Primary Care Model

Fusella Family Medicine operates under a direct primary care (DPC) model. This means:

• We charge a membership fee for access to our services
• Our services are not billed through insurance
• You pay us directly for membership and any additional services
• This is not health insurance and does not replace health insurance

5.2 Not Insurance

IMPORTANT: Membership with Fusella Family Medicine is NOT health insurance. We strongly recommend that you maintain appropriate health insurance coverage for hospitalization, specialist care, emergency services, and other healthcare needs outside the scope of our direct primary care practice.

5.3 Scope of Services

The scope of services provided by Fusella Family Medicine will be outlined in your membership agreement. Services are limited to those within the scope of primary care practice and the training and expertise of our providers.

5.4 Services Through SigmaMD

Patient services, including membership signup, appointment scheduling, telehealth visits, and medical records access, are provided through our SigmaMD platform. Your use of these services is subject to:

• These Website Terms & Conditions
• SigmaMD’s Terms of Service
• Your membership agreement with Fusella Family Medicine
• Our Notice of Privacy Practices (HIPAA notice)

6.1 Website Data Collection

This Website collects limited information as described in our Privacy Policy, including:

• Basic website analytics through Google Search Console
• Information you voluntarily provide through newsletter signup
• Cookies and similar technologies

6.2 Patient Information Through SigmaMD

Protected health information (PHI) and personal information collected when you become a patient is collected and processed through SigmaMD’s platform. Please see our Privacy Policy and HIPAA Notice of Privacy Practices for detailed information about how we protect your health information.

6.3 Your Consent

By using this Website and signing up for our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

7.1 Ownership

Unless otherwise indicated, all content on fusellafamilymedicine.com, including without limitation, text, graphics, logos, images, photographs, audio clips, video clips, data compilations, page layout, underlying code, software, and the “look and feel” of the Website, is the proprietary property of Fusella Family Medicine and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Website and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you:

• Keep all copyright and other proprietary notices intact
• Do not modify any content
• Do not use any content in a manner that suggests an association with any of our products, services, or brands
• Do not reproduce, distribute, display, or create derivative works from any content without our express written permission

7.3 Trademarks

The name “Fusella Family Medicine” and all related names, logos, product and service names, designs, and slogans are trademarks of Fusella Family Medicine or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7.4 Restrictions

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as explicitly permitted
• Use any data mining, robots, or similar data gathering or extraction methods
• Use the Website for any commercial purpose or for the benefit of any third party

8.1 Submissions

If you submit any information, feedback, suggestions, ideas, or other materials to us through this Website or via email, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and display such submissions for any purpose.

8.2 No Confidentiality

IMPORTANT: Do not send us any confidential or sensitive health information through this Website, email, or contact forms. Communications sent through this Website are not secure and do not create a doctor-patient relationship. Any information you send through general Website contact forms or email may not be protected by HIPAA or attorney-client privilege.

8.3 Secure Communications

Once you become a patient, secure messaging will be available through the SigmaMD platform. Use only the secure messaging system within SigmaMD to communicate confidential health information.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

FUSELLA FAMILY MEDICINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• This Website will be available at any particular time or location, uninterrupted, or secure
• Any defects or errors will be corrected
• The Website is free of viruses or other harmful components
• The results of using the Website will meet your requirements

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUSELLA FAMILY MEDICINE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING:

• ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA
• DAMAGES CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEBSITE
• DAMAGES RESULTING FROM ANY MEDICAL DECISION MADE BASED ON INFORMATION ON THE WEBSITE

WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Fusella Family Medicine, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Website
• Your violation of any rights of another person or entity
• Any information you submit through the Website

12.1 ADA Compliance

We strive to make our Website accessible to individuals with disabilities and have implemented the UserWay accessibility plugin to assist with accessibility features.

12.2 Accessibility Requests

If you have difficulty accessing any content on this Website or require assistance with any part of our Website due to a disability, please contact us at info@fusellafamilymedicine.com or [PHONE NUMBER]. We will work with you to provide the information, item, or transaction you seek through an alternate communication method that is accessible for you consistent with applicable law.

13.1 Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the federal or state courts located in Schenectady, New York, and you consent to the personal jurisdiction and venue of such courts.

13.3 Waiver of Jury Trial

YOU AND FUSELLA FAMILY MEDICINE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

14.1 Right to Modify

Fusella Family Medicine reserves the right to change, modify, or update these Terms at any time without prior notice. When we make changes, we will update the “Last Updated” date at the top of these Terms.

14.2 Your Acceptance

Your continued use of the Website after any changes to these Terms constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

14.3 Material Changes

If we make material changes to these Terms, we may notify you by email (if we have your email address) or by posting a notice on the Website homepage.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.

No waiver by Fusella Family Medicine of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Fusella Family Medicine to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction.

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Fusella Family Medicine concerning your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

If you have any questions, concerns, or complaints about these Terms, please contact us:

Fusella Family Medicine, PLLC
Dr. Marissa Fusella
info@fusellafamilymedicine.com

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS WEBSITE.

This Website does not establish a doctor-patient relationship. A doctor-patient relationship is only formed when you have completed the membership process and signed all required agreements. We cannot guarantee medical results; medicine is not an exact science and outcomes vary.