Terms of Use

1.Acceptance of These Terms

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree with these Terms, you must not access or use the Site. Your continued use of the Site following any changes to these Terms constitutes acceptance of those changes.

2.About Fulcrum & This Website

Fulcrum is a national healthcare reimbursement advisory and analytics firm. Through the Site, we provide marketing information, thought leadership, industry insights, white papers, research and analytics, regulatory and payer-policy updates, CMS and federal-policy analysis, market intelligence, recruiting information, event and newsletter registration, and downloadable resources.

The Site describes advisory capabilities that may include, among others, managed care contracting and payer negotiations, reimbursement strategy, interim managed care leadership, regulatory and payment-policy advisory, payer analytics and market intelligence, Independent Dispute Resolution (IDR) and No Surprises Act advisory, healthcare financial modeling, transaction diligence and M&A advisory support, direct-to-employer contracting, and health plan advisory. Descriptions of services on the Site are for general informational purposes and do not constitute an offer, proposal, or commitment to perform services.

3.Informational Purpose Only; No Professional Advice

All content on the Site is provided for general informational and educational purposes only. The Site does not provide, and nothing on it should be construed as:

• legal advice or a legal opinion;
• accounting, audit, tax, or actuarial advice;
• investment, financial, or securities advice, or any recommendation to buy, sell, or hold any security or to enter into any transaction;
• medical, clinical, or coding advice; or
• a substitute for advice from qualified professionals engaged under a written agreement.

4.No Consulting Relationship

Your use of the Site, submission of a contact or inquiry form, subscription to communications, or download of materials does not create a consulting, advisory, fiduciary, agency, or other professional relationship between you and Fulcrum.

Consulting relationships are established only through a written engagement agreement, master services agreement, or statement of work executed by an authorized representative of Fulcrum. The scope, deliverables, fees, confidentiality obligations, and other terms of any engagement are governed exclusively by that executed agreement and not by these Terms or by any statement on the Site.

5.Educational, Regulatory & Analytics Disclaimers

5.1 Regulatory and Policy Content

The Site may summarize or analyze federal and state laws, regulations, and guidance, including materials from the Centers for Medicare & Medicaid Services (CMS), the U.S. Department of Health and Human Services (HHS), the Federal Register, state Medicaid agencies, and commercial payer policies, as well as developments under the No Surprises Act and related payment-policy interpretations. Laws, regulations, guidance, and payer policies change frequently and may be applied differently to particular facts.

Summaries and interpretations reflect our understanding as of the date of publication, may become outdated, and may not reflect the most current developments. You are responsible for independently verifying the current status of any law, regulation, guidance, or payer policy before relying on it.

5.2 Analytics, Benchmarks & Market Intelligence

Analytics, benchmarks, dashboards, models, and market intelligence presented on the Site may be derived from a combination of public sources, CMS and payer transparency data, licensed third-party datasets, de-identified or aggregated information, and Fulcrum methodologies. Illustrative figures, sample dashboards, and modeled outputs shown on the Site are for demonstration only and do not reflect any specific client, transaction, or guaranteed result.

We make no representation or warranty that any analytics or data are complete, accurate, current, or fit for a particular purpose. Reimbursement outcomes, negotiation results, regulatory determinations, and financial performance depend on many factors outside our control, and past results and modeled projections do not guarantee future outcomes.

6.Intellectual Property

The Site and all content, features, and functionality on it are owned by Fulcrum or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Protected content includes, without limitation:

• articles, research, white papers, reports, and presentations;
• analytics, dashboards, data visualizations, infographics, and benchmarks;
• proprietary reimbursement, negotiation, contracting, and diligence methodologies and frameworks;
• financial and reimbursement models, templates, and calculators;
• software, source code, and interactive tools;
• text, graphics, photography, video, audio, and podcasts; and
• the Fulcrum name, logos, taglines, trade dress, and other brand assets.

Except for the limited license in Section 7, no right, title, or interest in or to any content is transferred to you, and all rights not expressly granted are reserved by Fulcrum.

7.Limited License & Permitted Use

Subject to your compliance with these Terms, Fulcrum grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site, and to download or print content that is expressly made available for download, solely for your own internal, non-commercial, informational use.

You may share a link to Site content and may quote limited portions with clear attribution to Fulcrum. Any other use requires our prior written consent. This license does not permit, and you may not:

1. reproduce, republish, distribute, sell, license, or commercially exploit any content;
2. modify, adapt, or create derivative works, including derivative consulting products, from any content;
3. remove or alter any copyright, trademark, or proprietary notices; or
4. use any content in a manner that competes with Fulcrum or its services.

8.Prohibited Conduct

You agree not to, and not to permit or enable any third party to:

• engage in unauthorized copying, scraping, data mining, crawling, harvesting, or bulk downloading of any content;
• reverse engineer, decompile, or disassemble any software, model, tool, or methodology;
• use bots, spiders, scrapers, or other automated means to access, extract, or index the Site except as permitted by our published robots directives;
• circumvent, disable, or interfere with any security, access-control, or rate-limiting feature;
• attempt to gain unauthorized access to any account, system, or network associated with the Site;
• upload or transmit any virus, malware, or other malicious or disruptive code;
• misrepresent your identity or affiliation, or impersonate any person or entity;
• use the Site or its content to build, train, market, or operate a competing product or service, or to create derivative consulting or analytics products; or
• use, distribute, or repackage any downloadable report or resource in violation of these Terms.

9.Artificial Intelligence, Automated Access & Data-Mining Restrictions

The content on the Site constitutes valuable proprietary healthcare reimbursement intelligence. Except with our prior express written authorization, you may not, and you may not enable any third party or automated system to:

• use any content to train, fine-tune, or develop any artificial intelligence or machine-learning model or system;
• ingest, embed, index, or incorporate content into any vector database, retrieval-augmented generation (RAG) pipeline, or similar system;
• perform text or data mining, automated extraction, or bulk collection of content;
• compile content into a dataset for machine learning or analytics; or
• generate synthetic or derivative works from the content.

Fulcrum expressly reserves all rights in its content, including all text-and-data-mining and machine-learning rights, and does not grant any license for such uses. This reservation is intended to constitute an express reservation of rights under applicable law, including for purposes of any text-and-data-mining exception. Nothing on the Site should be interpreted as consent to the use of our content for AI training or automated ingestion.

10.Trademarks

“Fulcrum Health Partners,” the Fulcrum logo, the tagline “Today’s Challenges. Tomorrow’s Solutions.,” and other names, logos, and slogans on the Site are trademarks or service marks of Fulcrum, whether registered, pending, or protected as common-law marks. You may not use any Fulcrum mark without our prior written permission, and you may not use any Fulcrum mark in a manner that is likely to cause confusion or that disparages Fulcrum. All other trademarks appearing on the Site are the property of their respective owners, and their appearance does not imply any endorsement or affiliation.

11.Downloadable Resources

White papers, reports, guides, and other materials made available for download are provided subject to these Terms and any additional terms accompanying the specific resource. Unless expressly stated otherwise, downloadable resources are licensed for your internal, non-commercial use only, may not be modified or redistributed, and must retain all Fulcrum notices. We may condition access to certain resources on your provision of contact information and consent to receive communications.

12.Unsolicited & Confidential Information

Please do not submit confidential, proprietary, protected health information (PHI), or other sensitive information through the Site, including through contact or inquiry forms. Absent a written agreement executed by an authorized Fulcrum representative, any information you submit through the Site will be treated as non-confidential, and Fulcrum assumes no obligation of confidentiality or non-use with respect to it.

Confidentiality obligations arise only under a separately executed confidentiality or engagement agreement. Any ideas, suggestions, or feedback you submit may be used by Fulcrum without restriction or compensation.

13.Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and disclose information, including through cookies and analytics, contact and inquiry forms, newsletter and event registration, applicant submissions, and marketing communications. By using the Site, you consent to the practices described in our Privacy Policy.

14.Third-Party Links & Resources

The Site may contain links to third-party websites and resources, including CMS, HHS, Medicare, commercial payer websites, government resources, industry organizations, research publications, LinkedIn, and third-party software. These links are provided for convenience only. Fulcrum does not control, endorse, or assume responsibility for the content, accuracy, availability, or practices of any third-party site or resource, and your use of them is at your own risk and subject to their terms.

15.Website Security & Accounts

You agree to use the Site in a manner that does not compromise its security or availability. If the Site offers accounts, client portals, or password-protected areas, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized access. We do not guarantee that the Site will be secure or free from vulnerabilities, viruses, or errors. If you discover a security vulnerability, please report it to legal@fulcrumhp.com and refrain from exploiting or publicly disclosing it.

16.Future Features & Paid Services

Fulcrum may, from time to time, add features to the Site, including user accounts and client logins, dashboards, benchmark or market-intelligence subscriptions, premium reports, analytics portals, interactive reimbursement calculators, contract-modeling and benchmarking tools, member-only content, AI-enabled tools, and payment processing. Additional or supplemental terms may apply to such features, and by using them you agree to those additional terms. Where additional terms conflict with these Terms, the additional terms control for that feature.

17.Disclaimer of Warranties

THE SITE AND ALL CONTENT, ANALYTICS, TOOLS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, FULCRUM DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Fulcrum does not warrant that the Site will be uninterrupted, secure, or error-free, that content is accurate, complete, or current, or that any reimbursement, negotiation, regulatory, financial, or transaction outcome will be achieved.

18.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FULCRUM OR ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FULCRUM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND IS SEPARATE FROM ANY LIABILITY GOVERNED BY A SEPARATELY EXECUTED ENGAGEMENT AGREEMENT.

19.Indemnification

You agree to indemnify, defend, and hold harmless Fulcrum and its affiliates and their respective owners, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site, your violation of these Terms, your violation of any law or the rights of any third party, or any content you submit through the Site.

20.Copyright Complaints (DMCA)

Fulcrum respects the intellectual property rights of others. If you believe content on the Site infringes your copyright, please send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner’s behalf.

Notices should be sent to: Copyright Agent, Fulcrum Health Partners, LLC, legal@fulcrumhp.com. We may remove allegedly infringing material and terminate access for repeat infringers. A counter-notification procedure is available to affected users.

21.Export Compliance

The Site is controlled and operated from the United States. You agree to comply with all applicable U.S. export control and economic sanctions laws and regulations, and you represent that you are not located in, and will not access the Site from, any embargoed jurisdiction, and that you are not a person or entity with whom U.S. persons are prohibited from dealing.

22.Accessibility

Fulcrum is committed to making the Site accessible to the widest possible audience and strives to align with recognized accessibility standards. If you encounter difficulty accessing any part of the Site, please contact us at legal@fulcrumhp.com so we can provide the information or assistance you need.

23.Governing Law & Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 24, the exclusive venue for any permitted court proceeding will be the state and federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction of those courts.

24.Dispute Resolution; Mandatory Arbitration; Waivers

24.1 Informal Resolution & Mediation

Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute through informal negotiation, and, if unresolved within thirty (30) days, through non-binding mediation administered by a mutually agreed mediator in Florida.

24.2 Binding Arbitration

Any dispute not resolved through mediation will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator seated in Florida. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information.

24.3 Jury-Trial & Class-Action Waivers

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

25.Changes to These Terms

We may modify these Terms at any time by posting the revised version on the Site and updating the “Last Updated” date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

26.General Provisions

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Fulcrum regarding the Site and supersede any prior understandings. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them freely. We are not liable for any delay or failure caused by events beyond our reasonable control. Section headings are for convenience only. You consent to receive communications and notices electronically.

27.Contact

Questions about these Terms may be directed to:

Fulcrum Health Partners, LLC
Attn: Legal
Nashville, TN
Email: legal@fulcrumhp.com