ARCLYFT Health Terms of Service

Effective date: October 21, 2026. This version replaces the Terms of Service dated September 2, 2026.

These Terms of Service ("Terms") govern your access to and use of the website arclyfthealth.com, including its pages, downloadable resources, inquiry and request forms, and any questionnaires or other online services we make available through it or by invitation (together, the "Site"). The Site is operated by ARCLYFT LLC, a California limited liability company doing business as ARCLYFT Health ("ARCLYFT," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes the organization.

INFORMATIONAL PURPOSE; NO PROFESSIONAL ADVICE

The content of the Site, including descriptions of ARCLYFT services, market commentary, reference materials, illustrative examples, and downloadable resources, is provided for general informational purposes only. It is not legal, medical, clinical, financial, regulatory, reimbursement, coding, actuarial, or other professional advice, and it is not a substitute for advice from a qualified professional who knows your situation. ARCLYFT does not provide clinical services or patient care through the Site. Regulatory and reimbursement information changes frequently; we make reasonable efforts to keep Site content current, but we do not warrant that any content is accurate, complete, or current at the time you read it, and you should verify information with primary sources before relying on it.

NO CLIENT RELATIONSHIP THROUGH THE SITE

Using the Site, contacting us, requesting a complimentary introductory conversation, or submitting a request for an ARCLYFT™ Explore, Select, or Complete engagement does not create a client, advisory, consulting, fiduciary, or other professional relationship with ARCLYFT, and does not obligate ARCLYFT to accept any engagement. An engagement exists only when ARCLYFT and the client have signed a Client Services Agreement and Statement of Work, or other written engagement terms that ARCLYFT has confirmed in writing. An engagement request submitted through the Site is an inquiry only. Scope, fees, timing, deliverables, and engagement terms are confirmed separately in writing before any paid work begins, and no pricing, rate, minimum, or other commercial term displayed or implied on the Site is an offer. Where these Terms and a signed written agreement between you and ARCLYFT conflict, the signed agreement controls for the matters it covers.

CONFIDENTIAL INFORMATION AND THE SITE FORMS

The Site's inquiry and request forms are not a channel for confidential information. Do not submit patient or member information, protected health information, claims data, contract terms, negotiated rates, fee schedules, pricing, customer lists, or other confidential or proprietary material through the Site. Unless and until a signed nondisclosure agreement or Client Services Agreement applies, information you send through the Site or by unsolicited email is received on a non-confidential basis, and ARCLYFT has no obligation of confidentiality with respect to it, except as described in our Privacy Policy for personal information.

PARTICIPATION QUESTIONNAIRES FOR PROVIDERS AND MANUFACTURERS

ARCLYFT invites DME and O&P providers, manufacturers, and other industry organizations to confirm, correct, and add to the information ARCLYFT holds about them through online questionnaires. Participation is voluntary and free of charge. Each questionnaire presents the ARCLYFT participation terms that apply to the information submitted through it, and those terms, as accepted at the time of submission, govern that submission and control over these Terms for the matters they cover. A person completing a questionnaire represents that he or she is a current employee or authorized representative of the organization, that the identifying information entered is accurate, and that he or she is authorized, for the scope selected, to provide the information and grant the permissions described in the participation terms. ARCLYFT may decline, set aside, or verify any submission, and may contact an organization to confirm a respondent's authority. Participation does not create any guarantee of inclusion, attribution, favorable assessment, preferred status, endorsement, referral, contracting opportunity, or compensation.

ARCLYFT™ MARKET INTELLIGENCE AND REPORTS

ARCLYFT builds and maintains ARCLYFT™ DME/O&P Market Intelligence, a proprietary research database and methodology describing the organizations that provide and manufacture DMEPOS products and services and the payers and programs they serve. ARCLYFT compiles this information from public records, its own research, and voluntary organization participation, and applies its own independent professional judgment in producing Vendor Reports, Network Strategy work, and other deliverables for its clients.

ARCLYFT is an independent research and advisory firm. ARCLYFT is not a provider network, a referral service, a credentialing or accrediting body, a purchasing organization, or a marketplace. ARCLYFT is not a party to, and does not operate, administer, or guarantee, any contract, network, or relationship between a client and any provider, manufacturer, or other organization, and ARCLYFT has no authority to bind any client or any other party. Decisions about contracting, network participation, purchasing, reimbursement, and utilization are made by the organizations that make them, and ARCLYFT is not responsible for those decisions or their consequences.

Information about an organization in ARCLYFT materials describes ARCLYFT's observations and analysis as of the date stated, drawn from the sources identified. Inclusion in or absence from ARCLYFT materials is not an endorsement, certification, ranking, or adverse finding, and vendor-reported information is identified as self-reported and is not independently verified unless ARCLYFT states that it is. Organizations may ask ARCLYFT to correct or update information about them by email to spencer@arclyfthealth.com or through the correction process described in the participation terms. ARCLYFT evaluates correction requests independently and decides what to correct, annotate, or retain, subject to applicable law.

Sample reports, illustrative scenarios, maps, graphics, and figures shown on the Site are examples prepared to demonstrate ARCLYFT's approach. They are not a live database view, are not client deliverables, may use hypothetical or modeled values where so labeled, and must not be relied on for any decision.

INDEPENDENCE

ARCLYFT's findings, comparisons, and recommendations reflect its own independent professional judgment. No organization can pay ARCLYFT to alter, suppress, manufacture, or favorably influence a finding, a report conclusion, a Network Strategy recommendation, or a vendor-selection recommendation. Clients pay for our work, not for a predetermined answer. ARCLYFT and its personnel may have current or prior professional relationships with organizations active in the DME and O&P market, including prior employment and investment interests; relationships that are material to a specific engagement are disclosed to the client in that engagement, and they do not affect the inclusion, treatment, or characterization of any organization in ARCLYFT materials.

INTELLECTUAL PROPERTY

The Site and everything on it, including text, graphics, logos, page design, downloadable resources, taxonomies, frameworks, report formats, sample materials, and the selection and arrangement of content, together with ARCLYFT™ Market Intelligence, ARCLYFT reports, analytical methods, questionnaires, and other work product, are owned by ARCLYFT LLC or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. ARCLYFT, ARCLYFT Health, ARCLYFT™ Market Intelligence, ARCLYFT™ Vendor Report, ARCLYFT™ Network Strategy, ARCLYFT™ Explore, ARCLYFT™ Select, ARCLYFT™ Complete, and the ARCLYFT logo are trademarks of ARCLYFT LLC. Other names and marks appearing on the Site belong to their respective owners, and their appearance does not imply any affiliation with or endorsement by or of ARCLYFT.

Subject to these Terms, ARCLYFT grants you a limited, revocable, non-exclusive, non-transferable license to view the Site and to download and print the reference documents made available on the Resources page for your internal, non-commercial informational use, provided that you keep all copyright, trademark, and attribution notices intact and do not modify the documents. Any other use, including reproducing, distributing, publicly displaying, creating derivative works from, selling, or licensing Site content or ARCLYFT materials, requires ARCLYFT's prior written consent. Reports and other deliverables provided to clients are licensed under the written agreement for that engagement, and nothing on the Site grants any right in them.

You may not use automated tools, including bots, crawlers, scrapers, or similar technology, to access, copy, or collect content or data from the Site, and you may not use Site content, ARCLYFT materials, or information about organizations presented on the Site to build or train a database, directory, machine learning model, or competing product or service, in each case without ARCLYFT's prior written consent.

ACCEPTABLE USE

You agree to use the Site only for lawful purposes and in accordance with these Terms. You will not: attempt to gain unauthorized access to the Site, its servers, or any connected system or data; interfere with or disrupt the Site or its infrastructure; introduce viruses or other harmful code; submit false, misleading, or fraudulent information, including misrepresenting your identity, organization, or authority on any form or questionnaire; submit information you are not authorized to disclose; use the Site to send unsolicited commercial messages; remove or alter any proprietary notice; or use the Site in any way that violates applicable law or the rights of others. ARCLYFT may suspend or terminate your access to the Site, decline or remove any submission, and take any other action it considers appropriate for a violation of these Terms.

SUBMISSIONS AND FEEDBACK

If you send ARCLYFT ideas, suggestions, comments, or other feedback about the Site or ARCLYFT services, you grant ARCLYFT a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you. This section does not apply to information submitted through a participation questionnaire, which is governed by the participation terms accepted at submission, or to information exchanged under a signed written agreement.

THIRD-PARTY SERVICES AND LINKS

The Site is hosted by Squarespace, and our forms and questionnaires are hosted by Jotform. Your use of those platforms is also subject to their own terms and privacy policies. The Site contains links to third-party websites, including spencerdoty.com, government and regulatory resources, industry organizations, and the organizations described in our materials. ARCLYFT does not control and is not responsible for the content, accuracy, availability, or practices of third-party websites or services, and a link does not imply endorsement. Expert witness and litigation support services provided by Spencer Doty are described at spencerdoty.com and are engaged under a separate retention agreement with ARCLYFT LLC; these Terms do not govern those services.

DISCLAIMER OF WARRANTIES

The Site and all content, materials, and services made available through it are provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, ARCLYFT disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and non-interference, and any warranty arising from course of dealing or usage of trade. ARCLYFT does not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Site or its servers are free of harmful components, or that any content is accurate, complete, reliable, or current. You use the Site and rely on its content at your own risk.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, ARCLYFT LLC and its members, managers, officers, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or opportunity, arising out of or relating to the Site, its content, or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages. To the fullest extent permitted by law, the total aggregate liability of ARCLYFT and the persons listed above for all claims arising out of or relating to the Site, its content, or these Terms will not exceed one hundred United States dollars ($100). The limitations in this section do not apply to liability that cannot be limited under applicable law, and they do not limit any liability under a signed written agreement between you and ARCLYFT, which is governed by that agreement. If you are dissatisfied with the Site or these Terms, your sole remedy is to stop using the Site.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ARCLYFT LLC and its members, managers, officers, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Site, your violation of these Terms, any information you submit through the Site or a questionnaire, including any misrepresentation of your identity or authority, or your violation of any law or the rights of a third party.

GOVERNING LAW AND 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 California, without regard to its conflict-of-laws rules. You agree that any legal action arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of and venue in those courts. Any claim arising out of or relating to the Site or these Terms must be filed within one year after it arises, or it is permanently barred, to the extent permitted by law.

COPYRIGHT COMPLAINTS

If you believe that material on the Site infringes your copyright, send a notice to spencer@arclyfthealth.com that identifies the copyrighted work, identifies the material on the Site you claim is infringing and where it is located, provides your name, address, telephone number, and email address, states that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law, states under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf, and includes your physical or electronic signature.

CHANGES TO THE SITE AND THESE TERMS

ARCLYFT may change, suspend, or discontinue any part of the Site at any time without notice. ARCLYFT may revise these Terms from time to time by posting the revised Terms on the Site and updating the effective date at the top. Revised Terms take effect when posted, and your continued use of the Site after they are posted means you accept them. A signed written agreement is not changed by a revision to these Terms.

GENERAL PROVISIONS

These Terms, together with the Privacy Policy and any participation terms accepted at the time of a questionnaire submission, are the entire agreement between you and ARCLYFT regarding use of the Site, and supersede any earlier terms regarding the Site; they do not supersede or modify any signed written agreement between you and ARCLYFT. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. ARCLYFT's failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms or any rights under them; ARCLYFT may assign them, including to a successor to its business or assets. The sections on ARCLYFT™ Market Intelligence and reports, independence, intellectual property, submissions and feedback, third-party services and links, disclaimer of warranties, limitation of liability, indemnification, governing law and venue, copyright complaints, changes to the Site and these Terms, and general provisions survive any termination of your use of the Site. You agree that communications from ARCLYFT may be provided electronically, including by email and by posting on the Site, and that electronic communications satisfy any legal requirement that a communication be in writing. Headings are for convenience only and do not affect interpretation.

CONTACT

Questions about these Terms may be sent to:

ARCLYFT LLC, doing business as ARCLYFT Health

16956 Via de Santa Fe #1437, Rancho Santa Fe, CA 92067

spencer@arclyfthealth.com