TERMS OF SERVICE
If You Think You May Have A Medical Emergency, Call Your Doctor, Or Call 911 (Or Your Location’s Emergency Phone Number If 911 Does Not Apply), Or Go To The Nearest Hospital Immediately.
If You Feel Threatened Or Believe Someone Else To Be In Danger, You Should Contact Your Local Law Enforcement Agency Or call 911 (Or Your Location’s Emergency Phone Number If 911 Does Not Apply) Immediately. ForAllDoctors.com cannot be used for emergency services.
Please be aware that ForAllDocors.com (hereinafter “FAD Site” or “Our Site”) is currently unavailable in certain regions. For All Doctors Inc. (Hereinafter “FAD” or “Us” or “We”) does not claim that ForAllDoctors.com is suitable or available in all countries. The information provided on the ForAllDoctors.com is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use would violate local laws or regulations or require Us to meet specific registration requirements in that jurisdiction or country. Users who choose to access ForAllDoctors.com from such locations, do so without authorization and at their own discretion and are solely responsible for complying with relevant local laws, where applicable.
Please Read This Agreement Carefully To Ensure That You Fully Understand Each And Every Provision.
If You Do Not Agree With The Terms of Service Of This Agreement or its subsequent amendments at any time, You Must Immediately Stop Using the FAD Site. This agreement does not confer any third-party beneficiary rights.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A WAIVER OF THE RIGHT TO BRING
A CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION. You agree that all disputes between You and Us will be resolved by mandatory binding individual arbitration and You waive any rights to bring a class action lawsuit or class-wide arbitration. Please scroll down to “Disputes–Binding Arbitration And Class Action Waiver” section for details and opt-out option.
VERIFICATION AUTHORIZATION NOTICE:
PLEASE BE AWARE THAT BY APPLYING TO FORALLDOCTORS.COM, YOU GIVE US AND OUR AUTHORIZED REPRESENTATIVE(S), WITHOUT LIMITATION, FULL AUTHORIZATION TO USE AVAILABLE SOURCES FOR VERIFICATION OF YOU & YOUR CREDENTIALS. PLEASE BE AWARE THAT ANYONE WHO REGISTERS WITH FORALLDOCTORS.COM UNDER FALSE PRETENSES OR FALSE
IDENTITY MAY BE SUBJECT TO PROSECUTION BY RELEVANT AUTHORITIES TO THE FULLEST EXTENT OF THE LAW.
YOU HEREBY CERTIFY AND AFFIRM THAT:
ALL INFORMATION, DOCUMENTATION & CONTENT YOU HAVE GIVEN ON YOUR REGISTRATION/SIGN UP ARE TRUE, CURRENT, ACCURATE & AUTHENTIC;
YOU WILL MAKE SURE THAT ALL INFORMATION, DOCUMENTATION & CONTENT YOU HAVE GIVEN WILL REMAIN TRUE, CURRENT, ACCURATE & AUTHENTIC DURING YOUR MEMBERSHIP;
YOU AGREE TO THE TERMS OF THIS AGREEMENT WITH THE FULL KNOWLEDGE THAT ANY FALSE, INACCURATE OR MISLEADING INFORMATION, DOCUMENTATION & CONTENT YOU GIVE NOW OR DURING YOUR MEMBERSHIP, CAN RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND CAN CONSTITUTE FORGERY UNDER TITLE 18, CHAPTER 47, § 1028 OF THE UNITED STATES LAWS;
YOU UNDERSTAND AND AGREE THAT THE FAD SITE AND ALL OF ITS VERSIONS, IS A PRIVATE WEBSITE AND ALL CONTENT AND COMMUNICATIONS ON THE FAD SITE MUST REMAIN ON FAD SITE AND IT IS A BREACH OF THE TERMS OF SERVICE OF THIS AGREEMENT FOR YOU TO REMOVE, EXTRACT, COPY OR IN ANY WAY DISSEMINATE FOR PERSONAL OR NON-PERSONAL USE ANY OF ITS CONTENT OR COMMUNICATIONS OUTSIDE OF THE FAD SITE WITHOUT AUTHORIZATION;
YOU UNDERSTAND AND AGREE THAT THE BREACH OF THESE TERMS OF SERVICE CAN RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND WE MAY REFUSE YOU ANY AND ALL CURRENT OR FUTURE USE OF THE FAD SITE (OR ANY PORTION THEREOF);
WE MAY PURSUE LEGAL CLAIMS AGAINST YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND MAY REPORT TO RELEVANT LAW ENFORCEMENT AUTHORITIES WITHIN THE UNITED STATES OR INTERNATIONALLY, IN PARTICULAR TO PREVENT OR ADDRESS ACTUAL OR POTENTIAL HARM OR ILLEGAL ACTIVITY OR TO ENFORCE OUR TERMS OF SERVICE;
YOU ARE BOTH OVER THE AGE OF 18 AND MEET ALL OTHER REQUIREMENTS TO AGREE TO A CONTRACT, SUCH AS MENTAL CAPACITY;
YOU AGREE THAT BY USING THE FAD SITE, YOUR ACTIONS CONSTITUTE AN ELECTRONIC SIGNATURE TO THIS AGREEMENT AND THAT WHETHER EXECUTED DIGITALLY OR THROUGH ELECTRONIC MEANS, HOLDS EQUAL LEGAL VALIDITY AS A HANDWRITTEN SIGNATURE AND SHALL HOLD THE SAME LEGAL VALIDITY AS IF MADE UNDER OATH.
Registrants, Members, Users, Visitors must all read the Terms of Service of this Agreement in its entirety. By registering, using or browsing the FAD Site, You acknowledge that You have read, understood, and agreed to be unconditionally bound by the Terms of Service of this Agreement, all amendments to this Agreement, and all applicable local, State, Federal, National, and International laws, rules and regulations. FAD permits You to use the FAD Site only in accordance with its Terms of Service. If You are accessing or using the FAD Site on behalf of a business or
entity, then “You” and “Your” includes You and the business or entity You represent, and You warrant that You are an authorized representative of the business or entity, with the authority to bind the business or entity to these Terms of Service on its behalf. Upon acceptance, this Agreement including all of its subsequent amendments is enforceable against You and the business or entity You represent.
If registering for an Account on the FAD Site, please be informed that You may need to wait for verification that You are who You say You are and, that You are a member of the profession to which You (directly or through Your representative) say You belong. You may be supplied limited access to the FAD Site and may not be required to sign up for an Account and be verified. You may also be permitted access (possibly feature dependant) to the FAD Site upon attestation and/or the professional referral by some Members, authorized users, or organizations . You may also be required to provide further credentials or verifications for some features of the FAD Site.
Although You may find FAD Site and Members superb, as the philosopher Epicurus said, “Be moderate in order to taste the joys of life in abundance.” Therefore, We ask that You please use the FAD Site reasonably and responsibly and be aware that Your appreciation and enjoyment of the FAD Site does not habituate into dependence or an obsession.
If You register with Us on behalf of a company, or entity, then in addition to all of the Terms and Condition of this Agreement, the following further apply:
“You” and “Your” includes You as well as that company, organization or entity;
You represent and warrant that You are an authorized representative of that company, organization or entity;
You have current and up to date authorization to bind that company, organization or entity to this Agreement’
You agree to the Terms of Service of this Agreement on the company, organization, or entity’s behalf;
The company, organization or entity accepts this Agreement;
You will notify Us immediately if at any time You no longer have authorization to continue to bind the company, organization or entity to this Agreement, or permission to use the Account;
By accessing FAD Site with a third-party service, You give Us permission to access and use Your information from that third-party service;
You give Us permission to store Your login credentials for that service.
FAD reserves the right to make any changes, additions, deletions and/or modifications to the Terms of Service of this Agreement for any purpose, without any notice, at any time, even after You have registered for Membership. So, You should periodically visit this page to review these Terms of Service. By continuing to use FAD Site after We post any changes, You agree to accept all changes, additions, deletions and/or modifications to this Agreement, whether or not You actually read them. You may access and review the most current version of the Terms of Service of this Agreement from the link at the bottom of the FAD Site home page. These modifications
may affect all Members or authorized users, only some or only one Member or authorized user. It is Your responsibility to read and understand the Terms of Service of this Agreement in its amended form, each time either before or upon signing in to access FAD Site. However, We will attempt to give You notice and/or advance notice of any material changes to the Terms of Service of this Agreement, through email or notice upon Your re-entering FAD Site or by notice on the Site that changes have occurred in Our Terms of Service. Your continued use of the FAD Site following such posting or notice constitutes Your acknowledgement and acceptance of the Terms of Service Agreement and its amendments. We also encourage You to periodically review Our Terms of Service Agreement. The date of the Terms of Service Agreement was last updated will be posted at the bottom of the Agreement. If at any time You choose not to accept the Terms of Service Agreement or any amendments to the Terms of Service Agreement, then You must stop using the FAD Site and its services immediately and delete Your Account.
You acknowledge and agree that, if You have any objections to any of the Terms of Service attached to Membership in or any use of the FAD Site,
Your only recourse is to delete Your Account and cease using FAD Site at once.
You understand, agree, consent and have no objection that:
To operate Our Site, We need to share, store and distribute Content, information and data in Our data centers and systems. We maintain all such Content, information and data in data centers based in the United States. This infrastructure may be operated by For All Doctors Inc. or its affiliates, partners, subsidiaries, service providers, contractors, suppliers and other such similar entities and individuals globally;
We need certain permissions from You to provide Our services. We have Your permission to use Content You create, Communicate, share or upload, such as documents, images, videos, or sounds which may be protected by intellectual property laws. You own the intellectual property rights (things like copyright and trademarks) in any such Content that You create and share on the FAD Site. Nothing in these Terms of Service take away the rights You have in Your own Content and Communications. You are free to share Your own Content with anyone else, wherever You want. However, You to give Us license(s) to use Your Content and Communications. This is for the purposes including, providing, improving and promoting Our Site and achieving one of FAD’s goals of advancing research and development of new technologies and services, (but still in compliance with Your Privacy Rights as stated in Our Privacy Policy);
When You display, share, publish, post, or upload Content and Communications covered by intellectual property rights on or in connection with FAD Site, You grant Us, Our FAD related sites, Our successors and assigns, a perpetual (even after termination of Your Account), non-exclusive, transferable, sublicenseable (through multiple tiers), fully paid up, royalty-free, and worldwide license to host, store, use, distribute, transmit, reproduce, process, modify, run, publish, copy, publicly perform or display, adapt, translate, truncate, aggregate, make available to the public, and create derivative works of all Content that you Communicate, display, share, publish, post, or upload, including but not limited to Your, Content, Communications, name, username, photo, voice, video,
video image, biometrics and likeness. You shall not be entitled to any remuneration for such uses. You also grant a non-exclusive perpetual license to each Member and authorized user of the FAD Site to access Your Content within the FAD Site even after You terminate Your Account;
We do not charge You for using the FAD Site or substantial parts of its features; instead, individuals, entities, businesses and organizations pay Us to post their products and services, information about their products and services, and/or show You ads for their products and services. By using the FAD Site, You agree that We may show You advertisements that We believe may be relevant to You. WE DO NOT SELL YOUR PERSONAL DATA TO ADVERTISERS, AND WE DO NOT SHARE INFORMATION THAT DIRECTLY IDENTIFIES YOU (SUCH AS YOUR NAME, EMAIL ADDRESS, OR OTHER CONTACT
INFORMATION), unless You give Us specific permission. FAD may share Your information, Content, Communication or data (for example, about Your profession, specialty, group involvements, Member connections, blog involvements, group involvements, forum involvements, Member associations, event involvements, username, device information) with third parties We deem reasonably necessary to maintain, expand or improve the FAD Site and Your experience in using the FAD Site to connect with other doctors, lawyers, PhDs, patients, clients, groups, products, services, businesses, organizations, advertisers, people, and others significant to You from around the world;
We may obtain reports, and provide Our advertisers, organizations, entities, individuals, and businesses, with reports about the performance of their content, advertisements, products and services to help them understand how Members, authorized users and others are interacting with their content, products or services on Our Site, and for Ourselves to better understand, make suggestions or respond to the interests and needs of Our Members, authorized users, advertisers, organizations, entities, individuals, and businesses. We may engage in research and development, do tests, conduct surveys, troubleshoot new and existing features, and more, to maintain, develop and improve Our Site, user experience, features and goals;
Conducted in compliance with Our Privacy Policy, We may work with other organizations, entities, individuals, and businesses to help Us with data and information processing, securing Our Site, and other supports of Our Site;
We may use other entities, organizations and businesses to collect and receive non-personally identifiable information about Your browser or device when You use Our Site. These organizations, entities and businesses collect this information for advertising and advertisement measurement purposes using their own cookies or similar technologies. You can learn more about how these specific businesses and organizations collect and use Your information at: https://policies.google.com/technologies/partner-sites;
We may gather and analyze information about You, including without limitation: Content and Communications created or viewed by You and about You, Your registration information, pages You view, purchases You make, products You view, Your domain names, Your internet protocol addresses, Your FAD Site usage, metadata, surveys You do, e-mails and e-mail addresses You use, Your username, Member-specific information, information volunteered by Members and other parties to the Site about You, images, videos and files created by You or other Members or authorized users about You, access
times and durations and frequency, features or products viewed or used, messages and history, Content type viewed by You, group memberships, group activities, actions taken by You, advertisements You view or take action on, Members or users or Accounts You interact with, purchases and financial transaction information, Your SMS log history, Your call log history, Your device information, device(s) You use, how You use Your device(s) in using Our Site, cookies and data from the cookies stored on Your device(s), Your network connections, APIs (Application Programming Interface) and the like. We collect and use Your personal data, including above mentioned Content and Communications in order to support and improve Our Site as well as help Us achieve Our mission of providing a platform for global advancement in areas such as but not limited to medicine, law, science, economy, literature, technology, veterinary and humanity as a whole;
We may use the data, Content and Communications We have (for example, about Your profession type, specialty, group involvements, Member connections, forums discussions, event involvements) to better enable You, other Members and authorized users to easily, and at no cost, meet new Members, authorized users and others from around the globe, attract prospects, be informed of existing as well as new and innovative products and services relevant to Your interests and profession, build relationships with other like-minded professionals, become known to others that may be seeking Your knowledge and expertise, find companions, express Your thoughts locally and globally, find and take continuing education courses that You would find interesting and advancing, as well as grow, develop and improve Our Site to best serve You and achieve Our most important goal of global advancement exponentially;
Cookies are small text files that websites store on Your device when You visit them. These files contain information about Your interaction with the website, and they serve various purposes to enhance Your browsing experience and help websites function more effectively. Cookies are commonly used across the internet and play a significant role in providing personalized content, improving website performance, and enabling certain functionalities. FAD may use cookies, including third party cookies for a number of reasons, including without limitation, to protect Your FAD Site Account, administer Our Site, make the FAD Site easier to use, improve the quality of Our services, record session information and pages Members or other parties access and, try and avoid the viewing of the same advertisements by the same Member. Our Privacy Policy explains in more detail about how We use cookies;
In the event that FAD or its Site is sold, reorganized, merged, or acquired in any way, Member, authorized user, and other party information, Content and Communications may be part of the assets transferred.
ForAllDoctors.com is a PRIVATE platform, designated for its Members and authorized users Only. FAD reserves the right to refuse any prospective Member or user, and/or dismiss any current Member or authorized user from its Site, without cause or notice, at any time. FAD reserves the right to require its Members or authorized users for re-verification of identity or credentials or additional credentials (especially for use of greater features, levels and areas of FAD Site) at any time. FAD Site is prohibited to anyone under the age of 18 (or a minor in the jurisdiction in which
they reside), or anyone that under any applicable law is prohibited from accessing or using Our Site and any of its features or services.
You understand and agree that other Members and authorized users can create and share Content about You and share their Communications with You, other Members, and authorized users. In the event of any misuse or unauthorized or abusive use of Your information, Communications, or Content, or any abuse or breach of Your protected rights, it is Your own responsibility to take legal action against the infringer.
FAD is in no way responsible for any breach to Your email address(es) or any unwanted email that You may receive at the email address(es) You use(d) for Your FAD Site Account or in Your FAD Site Account. Also, FAD is in no way responsible for any physical breach or unwanted mail You may receive at any physical address You use(d) in or in association with Your FAD Site Account for any purpose(s).
You understand and agree that other Members and authorized users can see signals telling them whether You are currently logged in on FAD Site.
You understand and agree that We may indicate on the FAD Site whether Your Account is active any longer.
You give Us permission to share with other Members, authorized users and others that You have referred, invited, or recommended the FAD Site to other individuals or entities.
You give Us permission to create Content and share Your profile information, Content, and actions You have taken on FAD Site or in connection with Ads, offers and other Content that We display on FAD Site, without compensation to You. For example, We may share with other Members, authorized users and others that You are interested in an advertised event.
You understand that by using FAD Site, You agree to all Terms of Service set forth in Our Privacy Policy and that You agree to the use of Your personal information and Member Communication and Content, to be used, disclosed, collected, transferred and processed by Us in compliance with Our Privacy Policy.
FOR A COMPREHENSIVE AND DETAILED DESCRIPTION OF HOW AND WHAT INFORMATION WE COLLECT, SHARE, OR PROCESS ABOUT YOU, PLEASE MAKE SURE TO ALSO READ OUR PRIVACY POLICY.
You agree that FAD may Communicate with You regarding notices, updates, and any other relevant information and Content either by written or hard copy notice, electronic means, phone, fax, e-mail, and posting on Our Site as determined by FAD at its sole discretion. FAD reserves the right to determine the form and means of providing such notifications and Content to You, provided that You may opt out of certain means of notification and Communication as
described in Our Privacy Policy. FAD is not responsible for any automatic filtering You or Your network provider may apply to email Communications we send You.
We are constantly working to improve the FAD Site, advance technology, develop new features and make Our Site better for You and all of Our other users to participate in. Accordingly, if You use Our Site or download Our software, You give Us permission to download and install updates to the software where available.
You may designate a person (called a legacy contact) to manage Your Account if it is memorialized. Only Your legacy contact or a person who You have identified in Your will or similar legally enforceable document expressing clear consent to disclose Your Content upon Your death or incapacity will be able to seek access to Your Account Content after it is memorialized.
You are not permitted to either:
link from the FAD Site to any website, page, forum, blog, or any source, or
link from any outside website, page, forum, blog, or any source into the FAD Site.
FAD Site is a PRIVATE Site, restricted to its registered Members and authorized users only. You agree that You will strictly limit Your use of the FAD Site and any of its Communications and Contents, to Your individual personal use or, to Communicate within the FAD Site among other current FAD Site Members and authorized users. You must first obtain the prior specific written permission of FAD (and its Members or authorized users where applicable), if You would like to use, extract or Communicate any of the FAD Site Communications or Content with any other person or entity and for any other purpose than that You have agreed to in this Agreement.
You agree that You will not in any way or for any purpose, permit or facilitate any entity or person other than Yourself to use, access, copy, view, or Communicate, any Content or Communications of FAD, its Site, Members or authorized users, unless You first obtain the prior specific, written authorization of FAD.
If a law enforcement official is seeking information from You about Your Account and You have consented to it, (under this circumstance only) You are permitted to provide limited access to the law enforcement official, but which must be LIMITED TO YOUR ACCOUNT, CONTENT AND COMMUNICATIONS ONLY. YOU ARE NOT AUTHORIZED TO PERMIT OR ENABLE AN OPEN ACCESS
TO THE FAD SITE IN ITS TOTALITY. Any access or disclosure must be limited to Your Communications and Content and must redact any information, Communications and Content of anyone other than You. Permitting or enabling Access (including viewing) to Content of the FAD Site beyond Your own Content is a breach of the Term of Service of this Agreement. You must inform Us and get Our permission before You authorize access and provide any access.
IF WE BELIEVE THAT THE LAW REQUIRES US TO DO SO, WE WILL SHARE YOUR OR, AN AUTHORIZED USER’S, OR A THIRD PARTY’S PERSONAL INFORMATION, CONFIDENTIAL
INFORMATION, COMMUNICATIONS AND CONTENT IN COMPLIANCE WITH LAW ENFORCEMENT, REGULATORS, COURT ORDERS, SEARCH WARRANTS, SUBPOENAS, LAWS, REGULATIONS, STATUES OR SIMILAR OFFICIALS AND REQUESTS WITHIN THE UNITED STATES OR INTERNATIONALLY, ESPECIALLY TO PREVENT OR ADDRESS ACTUAL OR POTENTIAL HARM OR ILLEGAL ACTIVITY OR TO ENFORCE OUR TERMS OF SERVICE. IN THE EVENT YOU ARE REQUIRED TO PRESENT YOURSELF TO RELEVANT AUTHORITIES, YOU AGREE TO DO SO AT YOUR OWN COST AND EXPENSE AND WILL COOPERATE IN THE INVESTIGATION.
WE MAY ALSO SHARE YOUR OR, AN AUTHORIZED USER’S, OR A THIRD PARTY’S PERSONAL INFORMATION, CONFIDENTIAL INFORMATION, COMMUNICATIONS AND CONTENT IF WE DEEM IT NECESSARY TO DETECT, PREVENT AND ADDRESS FRAUD, UNAUTHORIZED USE OF THE PRODUCTS OR SERVICES, VIOLATIONS OF OUR TERMS OR POLICIES, OR OTHER HARMFUL OR ILLEGAL ACTIVITY, TO PROTECT OUR MEMBERS, USERS AND OURSELVES, PROTECT THE RIGHTS, PRODUCTS AND PROPERTIES OF OUR MEMBERS, USERS AND OURSELVES, OR TO PREVENT DEATH OR IMMINENT BODILY HARM.
IN THE EVENT THAT FAD IS REQUESTED TO FURNISH ANY COMMUNICATIONS OR CONTENT, THAT IT MAY POSSESS AND CAN RETRIEVE WITHOUT UNDUE BURDEN, THE FOLLOWING CHARGES AND FEES MAY APPLY, AT THE TIME EACH SERVICE IS REQUESTED:
A NONREFUNDABLE PROCESSING FEE OF ONE HUNDRED DOLLARS (US $100.00);
A NONREFUNDABLE RECORD SEARCH FEE OF NINE HUNDRED AND TWENTY-FIVE DOLLARS (US $950.00) PER HOUR, FOR EACH INDIVIDUAL DOCUMENT, NAME, BUSINESS NAME, ALIAS, ADDRESS, OR ANY OTHER SEARCH TERM REQUEST SUBMITTED. PLEASE NOTE THAT A RECORD SEARCH REQUEST WILL BE DENIED AND NO REFUND ISSUED IF THE REQUESTED INFORMATION IS OVERLY BROAD, OR VAGUE. ALL REQUESTS MUST IDENTIFY REQUESTED RECORDS WITH PARTICULARITY, INCLUDING, THE SPECIFIC DATA CATEGORIES REQUESTED AND DATE LIMITATION FOR THE REQUEST, NAME OF THE REQUESTING PARTY, NAME OF THE ISSUING AUTHORITY AND AGENT IF APPLICABLE, E-MAIL ADDRESS FROM A LAW ENFORCEMENT DOMAIN IF APPLICABLE, DIRECT CONTACT PHONE NUMBER AND DIRECT MAILING ADDRESS OF THE ISSUING AUTHORITY AND AGENT IF APPLICABLE, AS WELL AS THE MEMBER OR AUTHORIZED USER’S NAME, E-MAIL ADDRESS, PHONE NUMBER, USER ID OR USERNAME, AND DIRECT MAILING ADDRESS OF THE MEMBER OR AUTHORIZED USER; AND
A NONREFUNDABLE FEE OF FORTY DOLLARS (US $40.00) PER EACH STANDARD PAGE.
ALL SEARCH RESULT CONTENT AND DOCUMENTS WILL BE UNDER THE OFFICIAL SEAL OF FAD AND WILL ONLY BE FURNISHED BY MAIL.
To ensure proper crediting of all fees, each fee must be paid separately and payment must be made by certified bank check made payable to For All Doctors Inc. Please note that fees are liable to change at any time.
ALL REQUESTS MUST BE MADE IN WRITING and mailed-in to Us through the United States Postal Service with certified mail and return receipt requested or via FedEx, UPS, or DHL signature required. IN YOUR REQUEST, PLEASE TELL US YOUR BEST CONTACT E-MAIL ADDRESS, BEST CONTACT PHONE NUMBER, AND BEST MAILING ADDRESS. PLEASE BE SURE TO OBTAIN A CONFIRMATION RESPONSE FROM US.
You acknowledge, agree and consent that FAD may, but is not obligated to investigate Your, any authorized user’s or any other party’s use of the FAD Site, to determine compliance with the Terms of Service of this Agreement or any of its amendments, or to prevent or address any actual or potential harm or illegal activity or in response to any law enforcements, regulators, court orders, search warrants, subpoenas, laws, regulations, statues or similar officials and requests within the united states or internationally. In the event You are required to present Yourself to relevant authorities, You agree to do so at Your own cost and expense and will cooperate in the investigation.
We work hard to specify clear rules and guidelines for all Members and authorized users to follow. You understand and agree that We cannot control or direct the actions, conduct, Communications and Content of Members and authorized users, either on or off of the FAD Site. You agree and affirm that You are at least 18 years of age. You agree that You will take all precautions when meeting or Communicating with (whether in person or not) any Member, authorized user, or any other party through the FAD Site. You understand and agree that You assume all the risk(s) associated with such meetings or Communications. IF YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE TO BE IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY OR 911 (OR YOUR LOCATION’S EMERGENCY PHONE NUMBER IF 911 DOES NOT APPLY) IMMEDIATELY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, OR CALL 911 (OR YOUR LOCATION’S EMERGENCY PHONE NUMBER IF 911 DOES NOT APPLY), OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
You certify, agree and affirm that under penalties of perjury, You will not falsely represent Your identity, impersonate any other person or entity or Communicate any false, outdated or misleading Content whether on, or through the FAD Site to Members, authorized users or any other party. You understand and agree that We are solely a platform and You take full responsibility for all Content You Communicate on or through the FAD Site.
You certify, agree and affirm under penalties of perjury, that You will not impersonate any person or entity, provide or maintain inaccurate, false, misleading or outdated information or in any manner falsely identifying Yourself to deceive FAD, its Site, Members, authorized users or other party.
You agree that You will not in any way Communicate any privileged, confidential, private or personal information of any other Member, authorized user, party or entity without first obtaining their full written consent.
You agree that You will not in any way Communicate the intellectual property Content of any other person or entity on the FAD Site without first obtaining their full consent to do so.
You agree that unless legally permissible, You will not Communicate any Content protected by copyright, trademark, service mark, trade secret, trade dress, patent or other proprietary laws without the permission of the owner of said intellectual property. By Communicating any such Content, You warrant and represent that You either own the relevant intellectual property, or You have a legal right to use, or You have obtained the correct authorization from the proper owner of that intellectual property for its use and display.
You agree that You will not in any way contact, harass or stalk any Member, authorized user or other party that has asked not to be contacted.
FAD does not guarantee the availability of its Site or accept any responsibility for the suitability, of the Site Communications or its Content in all locations or jurisdictions. It is Your responsibility to be aware of and comply with the laws of the jurisdiction from which You are accessing, or in any way Communicating any Content on or through the FAD Site. You agree that You will not access, use or Communicate any Content on or through the FAD Site in violation of the laws of any such jurisdictions.
FAD may, (but is not obligated to) actively monitor the Content, conduct and Communications of any Member, authorized users or other party for inappropriate Content, conduct or Communications or, undertake editorial control. FAD SITE IS INTENDED TO BE SELF-MONITORING, WHERE ALL MEMBERS, AUTHORIZED USERS AND OTHER PARTIES ARE RESPONSIBLE TO SELF-ASSESS THEIR CONDUCT, CONTENT AND COMMUNICATIONS AND REMEMBER TO CONDUCT THEMSELVES LEGALLY, CIVILLY, COURTEOUSLY AND PROFESSIONALLY AT ALL TIMES.
You relinquish some of Your first amendment rights by joining Our Site.
You agree that You will not, in any way, engage in or Communicate any Content on, through, from, or in connection with the FAD Site that is or may be (including but not limited to):
Defamatory, abusive, profane, threatening, offensive, bullying, harassing, libelous, slanderous, harmful, degrading, intimidating, hateful, criminal, tortious, or humiliating;
In any way a violation of privacy, publicity, proprietary (tangible or intangible rights), or confidentiality rights and obligations;
A risk of death, physical, mental or emotional harm to persons, minors, or animals;
Discriminatory on the basis of race, religion, nationality, ethnicity, sexual orientation, gender, age or disability;
Unlawful or in violation of contractual, administrative, equitable, criminal, civil, local, state, federal or international laws;
In violation or breach of fiduciary, contractual, trade secret, trade information, insider information or confidentiality obligations or rights;
Engaging in personal attacks, hate speech, or inflammatory language towards individuals or groups based on any personal attributes, including but not limited to race, ethnicity, gender, sexual orientation, religion, nationality, age, disability or political beliefs;
In any way knowingly incorrect, inaccurate, outdated or misleading;
Spreading false information or deliberate misinformation without evidence-based support;
False or misleading information about voting: locations, laws, requirements, procedures to participate, times & locations, results, tallying, location police presence, equipment, processing techniques, disruptions (whether actual or possible), and the similar;
Intimidation or misinformation about voting or other civic process so as to prevent participation or trust in the process or its results;
Explicit sexual material (means any drawing, photograph, film negative, motion picture, figure, object, novelty device, transcription, book, leaflet, pamphlet, magazine, booklet or other item, the cover or content of which depicts human genitalia or depicts or verbally describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse) in any way which is harmful to adults or minors alike, in any format whether or not in digital or electronic. Explicit sexual material does not include any depiction or description which, taken in context, possesses serious educational value or which possesses serious literary, artistic, political or scientific value;
Soliciting gambling or engaging in any gambling activity;
Solicitation for support or promotion of specific political agendas, religions, cults, or sects;
Extremist or in any other way illegal Communication, action or omission;
Accessing or using the FAD Site for any other purpose other than that for which FAD makes it available;
Using the FAD Site in connection with any commercial endeavors except those that are specifically permitted;
Attempting to impersonate another Member, user or authorized user or using the username of another Member, user or authorized user;
Attempting to use or using the FAD Site for criminal or tortious activity;
Harassing, annoying, intimidating or threatening any FAD employees or agents engaged in providing any portion of the FAD Site to you;
Interfering with, disrupting, or creating an undue burden on the FAD Site or the networks or services connected to the FAD Site;
Making any unauthorized use of the FAD Services, including collecting usernames and/or email addresses of FAD Members or authorized users by electronic or other means for the purpose of sending unsolicited email, offering them for sale for pecuniary or non–pecuniary gain, or creating user Accounts by automated means or under false pretenses;
Selling or otherwise transferring Your profile;
Systematically retrieving data or other content from the FAD Site to create or compile, directly or indirectly, a collection, compilation, database or directory ;
Tricking, defrauding or misleading FAD and other Members or authorized users, especially in any attempt to learn sensitive Account information such as passwords;
Using any information obtained from the FAD Site in order to harass, abuse, or harm another person;
Using the Our Services as part of an effort to compete with Us or to provide services as a service bureau;
Violating intellectual property rights or plagiarizing Content;
Using the Sites in a manner inconsistent with any and all applicable laws and regulations;
In our absolute discretion, objectionable.
We want Our Site to be a place where Our Members and authorized users feel welcome to express themselves, engage and share their thoughts and ideas. Accordingly, We encourage You to report Content and conduct that You believe violates Your rights (including intellectual property rights) or Our Terms of Service.
You acknowledge and agree not use the FAD Site as a vehicle or means to disturb the regular function, or intentionally or with negligent disregard, Communicate or facilitate the Communication of any (including without limitation) viruses, worms, Trojan horses, spam, phishing, corrupted files, hoaxes or any other material or computer, digital or electronic program that may (including without limitation) disrupt, damage, intercept, expropriate, interrupt, destroy, suspend, delete, manipulate, or in any other way interfere with the computer, digital or electronic hardware, software, system, device, Content, Communications, means of Communication, or any other infrastructure and medium of the FAD Site, any Member, authorized user or any other party or entity. You agree and affirm that You will not use the FAD Site as a vehicle or means to Communicate or facilitate the Communication of spiders, robots, scrapers or any similar data gathering and extraction tool to monitor or copy any Content, Communication, information, documents or data of FAD, FAD Site, Members, authorized users, or other party’s computer, digital or electronic hardware, software, system, device, Content, Communications, means of Communication, or any other infrastructure and medium.
You agree not to Communicate using misleading: e-mail addresses, titles, headers, identifiers including without limitation any repeated, duplicate or irrelevant Content that may in any way hinder the ordinary flow of discourse among Members, authorized users or other party, on, through, or in connection with FAD Site.
You agree and affirm that You will not Yourself or facilitate any other person or entity to (including without limitation) simulate, imitate, plagiarize, extract, copy, reproduce, translate, or create derivative works of, the Content or Communications of the FAD Site in any manner, without first obtaining the Our written consent.
You agree to not (including without limitation):
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Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part the FAD Site;
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Delete the copyright or other proprietary rights notice from any FAD Site or its Content;
Engage in any automated use of the system, such as use any data mining, robots or similar data gathering and extraction tools;
Except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the FAD Site, or use or launch any unauthorized script or other software;
Copy, adapt derivative works of, simulate, imitate, plagiarize, extract, reproduce, translate, localize, port, or modify Our Site, design, App(s), API, any FAD Site codes, modules, features, metrics, scripts, software, system, or network used to provide FAD Site or App(s);
Publish, distribute, license, sublicense, assign, transfer, or otherwise making available the FAD Site or Our application programming interface (API);
Combine or integrate the FAD Site or the API with any software technology, service, or material not authorized by Us;
Compromise the operation, integrity, or security of the FAD Site, its network, system, or App(s);
Probe, circumvent, or manipulate the vulnerability or security measures of the FAD Site, structure, network, or system;
Cause harm or liability to FAD, FAD Site, FAD App(s), Member, authorized user, or other party;
Compromise an investigation or violate the legal enforcement authority’s order; or
Circumvent any functionality that controls access to or otherwise protects the FAD Site or the API;
In any manner or for any purpose infringe, misappropriate, or otherwise violate Our intellectual property rights or any other rights that belong to us.
Except with the express prior written permission from Us, You are prohibited from engaging the services of posting agents and conversely, posting agents are prohibited from accessing the FAD Site to post or to cause the posting of Content for their own purposes or on behalf of Members, authorized users or any other party.
You agree that You will not use any form of computer program or automated device that causes the submission of bulk postings or automatic postings in previously designated intervals.
We may (but are not obligated to) use automated systems that analyze Your Content to help detect infringement, breach of the Terms of Service, abuse, spam, malware, and other such illegal or breaching Content .
One goal of the FAD Site is to make available to FAD Site Members and authorized users a place where they may access other colleagues, peers and fellow practitioners from any city, state,
jurisdiction or country, and Communicate ideas, suggestions, wisdom, experiences, knowledge, inquiries and other creative material. Accordingly, all current and prospective Members and authorized users represent and guarantee, under penalties of perjury that:
They will not impersonate any other Member, person or entity, or misrepresent any affiliation with any other Member, person or entity;
They are or were in fact a legally recognized member of the profession that they claim;
They are legally recognized as being who they identify themselves to be.
By registering for Membership with, subscribing to, accessing, browsing and/or participating in the FAD Site, You are agreeing to abide by the Terms of Service of this Agreement. Failure to comply with the Terms of Service may result in (among other actions) the immediate elimination of the offending Member or authorized user’s Account and limited license to use Our Site or any future access to the FAD Site, its Content and Communications. FAD Site is a private platform and Membership and Participation in FAD Site is a privilege and not guaranteed in any manner.
FAD reserves the right to immediately and with or without cause or notice, either permanently or temporarily (including, without limitation):
Block Your IP address(es);
Deactivate, suspend, terminate, remove, delete, limit and/or block Your membership, username, Account, and/or participation in, use of, or access to the FAD Site in whole or in part;
Remove, block, delete or modify any and all of Your information, Content and Communications by You or in any way relating to You to the extent possible.
We may also close Your Account for nonuse if You have not accessed Your Account for an extended period of time.
FAD does not warrant that after We deactivate, suspend, terminate, modify, remove, delete, limit and/or block Your membership, username, Account, participation in, use of, or access to the FAD Site, whether any or all (original or duplicates) of Your Communications, Content and information, in any manner Communicated on or through or in connection with the FAD Site will be either modified, limited, removed or retained, at any location, in any form, by FAD or its Site or by any of its Members, authorized users or any other party. Please remember that even after Content is deleted, removed, blocked, or in any way limited in access, it may continue to exist with other Members, authorized users and other parties that had lawful access to it when it was available.
You can have Your Account deleted. Deletion of Your Account may take time and may not be determinable in advance. To the extent possible, You may download a copy of Your own Content at any time before having Your Account deleted. You may also delete Your own content, but please know that when You delete Your Content, it may no longer be visible to You or other Members, however, it may continue to exist with other Members, authorized users and other
parties that had lawful access to it when it was available. It can also continue to exist elsewhere on Our systems where deletion may not be reasonably achieved due to technical or other limitations. Furthermore, the terms of this Agreement survive the deactivation, deletion or termination of your Account.
We may also need to maintain Your Content to comply with legal obligations, such as, but not limited to:
Preservation for evidence purposes, or to comply with a request of judicial, administrative, law enforcement and governmental agencies;
Investigate or identify illegal activity;
Defend Ourselves or avoid harm to any Member, authorized user, FAD or Our subsidiaries, partners or affiliates, or a third party;
Protect the security of Our system, services and products;
Avoid violations of Our Terms of Service;
Protect the integrity and operation of FAD and its Site.
In all of the above scenarios and as stated in this Agreement, the licenses You have given will continue to exist until the Content and Communications are completely deleted or until preservation of the Content and Communications is no longer required or necessary and is possible.
You acknowledge that by accessing FAD Site, there may be inaccurate, offensive, indecent, misleading or in any other way, direct or indirect, potentially disagreeable Content that You may be exposed to. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the any information and Content at any time, without prior notice to You.
However, It is the exclusive responsibility of each and every Member and authorized user to exercise professional judgment in their Content and Communications and to conduct due diligence and verify that all their own Content & Communication are (including without limitation):
Reliable, accurate, complete, error free, virus free, up-to-date;
Inoffensiveness, decent, trustworthy and honest;
Non-discriminatory, not disagreeable, and not threatening to an individual or group;
Not inciting or glorifying violence, or encouraging breach of law;
before Communicating it with their fellow FAD Site Members, authorized users or any other party. The violation of this obligation and responsibility is a breach of the Terms of Service of this Agreement.
Conversely, it is the exclusive responsibility of each and every Member and authorized user, to exercise professional judgment and conduct their own due diligence and verify that all Content and Communications are (including without limitation):
Reliable, accurate, complete, error free, virus free, up-to-date;
Inoffensiveness, decent, trustworthy and honest;
Non-discriminatory, not disagreeable, and not threatening to an individual or group;
Not inciting or glorifying violence or encouraging the breach of law;
by whomever Communicated or presented, anywhere on, through or in connection with Our Site, before relying upon, implementing, Communicating or in any way sharing same. The violation of these obligations and responsibilities are a breach of the Terms of Service of this Agreement.
We cannot control the conduct, Communications or Content of Members, authorized users or other parties, on or off of Our Site. Hence, We do not guarantee or assume any liability or responsibility that any conduct, Content and Communications, available on, by, through or in connection with FAD or its Site will be (including and without limitation):
Secure, timely, functional, virus free, uninterrupted, available as to operation;
Error free, accurate, complete, current, reliable, trustworthy;
Inoffensive, agreeable, unobjectionable, appropriate;
Lawful, decent, non-discriminatory, safe;
Whether made available by FAD or by any of its Members, authorized users or any other party, regardless of whether FAD was previously advised of or should have been aware of any such shortcomings.
Each Member or authorized user, of the FAD Site may be offered an exclusive Webpage(s) that may be publically accessible, where they may publish their own information, biography, profile, Content, services, and products. It is Your exclusive responsibility to exercise professional judgment and conduct due diligence and verify that all Content and Communications are (including, without limitation), reliable, accurate, complete, error free, virus free, up-to-date, inoffensiveness, decent, trustworthy, honest, non-discriminatory, not disagreeable, not threatening to an individual or group, not inciting or glorifying violence or encouraging the breach of law, defamatory, abusive, profane, threatening, offensive, harassing, libelous, slanderous, harmful, embarrassing, degrading, intimidating, hateful, harmful to minors, harmful to animals, discriminatory on the basis of race, religion, ethnicity, nationality, sexual orientation, gender, age or disability, breach of privacy, breach of confidentiality, unlawful, seditious, or in violation of local, state, federal or international laws, before it is in any way Communicated, presented, implemented or shared. You agree that You will not (including and without limitation), falsely represent Your identity or credentials or experience or information, impersonate any other person or entity, or infringe on the intellectual property rights of others. You agree to audit and verify that any and all Content You make available on Your Webpage(s) does not in any way imply that FAD (including without limitation), promotes, endorses, guarantees, certifies, or in any way warranties the Content, product or service made available on Your Webpage(s).
You agree that FAD may (but is not obligated to), review, modify, remove, filter, audit, censor, restrict or refuse any Content or entry of any sort, in any form, that may be (including without limitation), defamatory, abusive, profane, threatening, offensive, harassing, libelous, slanderous, harmful, embarrassing, degrading, intimidating, hateful, harmful to minors, discriminatory on the basis of race, religion, ethnicity, nationality, sexual orientation, gender, age or disability, breach of privacy, breach of confidentiality, and/or unlawful or in violation of local, state, federal or international laws, in any manner Communicated on, through or in connection with the FAD Site. You agree that FAD is a PRIVATE platform, designated for its Members and authorized users only and reserves the right to among other things, refuse any prospective Member or user, and/or dismiss any current Member or authorized user from the its Site, without cause or notice, either permanently or temporarily, at any time.
Each Member and authorized user agrees that they shall not, under any circumstances, create links to the FAD Site that may make or makes available to non-members or unauthorized users, any Content and Communications from the FAD Site that is intended for the exclusive use and access of the current Members and authorized users of FAD Site, on the FAD Site only.
You agree that FAD takes no responsibility and assumes no liability for any Content and Communications that You in any manner Communicate on, through or in connection with FAD or the FAD Site. You understand and agree that You shall be solely responsible and liable for the Content You Communicate on the FAD Site and You understand and agree that We are solely a passive platform for Your Content and Communications.
We are always seeking ways to improve and may without notice, add, remove or change some features at times. We are always glad to receive Your input, feedback, comments, critiques, ideas, improvements, contributions, or any other suggestions & Content. However, all input, feedback, comments, critiques, ideas, improvements, contributions, or any other suggestions and Content, Communicated by You to Us or through FAD Site, will be treated as unsolicited, non-confidential, non-proprietary, and gratuitous, and may be disclosed, Communicated or used by Us or any of Our related or future Site(s), for any purpose whatsoever, without placing Us under any obligation, restrictions, or fiduciary duty or any obligation to compensate You (just as You have no obligation to offer them). You further understand that Your Communicating to Us Your input, feedback, comments, critiques, ideas, improvements, contributions, or other suggestions and Content, does not prevent Us from exercising Our right to use similar or related ideas developed by Us or obtained from sources other than You.
You understand and agree that by using Our Site, You may gain status, reputation, fame and the like. However, such status, reputation or fame and the like is the property of FAD and is not and will not be redeemable for any kind of monetary value. Accordingly, You understand and agree that You have no right of access to the Account You use to access FAD Site, or any ownership rights to any Content on Your Account or in connection to You, or any usernames, or any Content posted by other Members and authorized users regarding You or Your Content or Communication.
You understand and agree that although You continue to own whatever rights You have in the Content, Communications or undertakings (including Your name, likeness and voice) You Communicate on or through the FAD Site, or to Us directly, You expressly grant Us, in whole or in part, and in any form, media or technology now known or hereafter developed, the worldwide, irrevocable, transferable, perpetual, fully paid, unrestricted, royalty free, non-exclusive right, license and sublicense to (including without limitation), Communicate, translate in any language or format, publish, modify, reproduce, distribute, transmit, make derivative works of and publicly perform or display as We see fit, without any obligation or liability for payment of any fees, royalties, residuals or collective bargaining payments or otherwise. You warrant that You have the right and authority to grant such right, license or sublicense to Us. You understand however, that You continue to retain all Content rights and obligations You hold in Your Content and Communications on FAD Site.
You understand that Communicating, posting or publishing or in any way disclosing Your Content on FAD Site does not substitute for registration of copyrights, trademarks, patents or other organization rights. For proper and timely intellectual property rights protection, You should seek appropriate competent legal advice.
FAD (directly and indirectly) owns all proprietary and intellectual property rights of the FAD Site. Content, Communications and means of Communication on the FAD Site are, the copyright, patent, trademark, trade secrets, trade dress, service mark, proprietary rights and confidential information of FAD and FAD Site, protected by (including without limitation), United States state and federal laws, and international treaties and conventions. Except as expressly stated in this document, this Agreement does not grant You any proprietary or intellectual property rights in any part of the FAD Site, Content, Communications or means of Communication. FAD only provides its Members and authorized users, a limited, freely revocable, non-transferable, non-exclusive license to access, participate in and/or use the FAD Site in accordance with its Terms of Service Agreement. Any rights not expressly granted in its Terms of Service Agreement are reserved for FAD. All other trademarks and service marks or copyright materials appearing on the FAD Site that are not owned by FAD are the property of their respective owners.
You agree that You shall not remove, modify or in any manner make illegible, any (including without limitation): notice, attribution, disclaimer or reference that may be affixed to any part of the Site, its Content or Communications. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and will not make any changes thereto. You agree not to use any copyright, trade mark, trade name, service mark, domain name, logo or brand name of FAD as part of or within Your trademark, in a manner that may cause confusion or in a manner may imply any association, connection or endorsement by FAD or is disparaging of FAD, without first submitting Your request to FAD in writing, in a timely manner, and obtaining the specific written consent of FAD first, before making such use.
You Agree that except as explicitly provided, nothing in this Agreement shall be deemed to create a license in or under, any intellectual property rights, and You agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from FAD Site Content. Use of FAD Site Content for any purpose, not expressly permitted by this Agreement is prohibited.
You acknowledge and agree that You will not share or permit the use of Your Account, username, login, or password with any person or entity and You will take all necessary measures to keep it secure and confidential. Please be aware that in the event We have any reservation as to the username or login You have selected, We reserve the right to reclaim, assign to someone else, disable, reject or remove that username or login name. You acknowledge and agree that You will not create more than one Account with the FAD Site. You acknowledge and agree that You will not rent, sell, lease, sublicense, assign or transfer Your limited, revocable, non-transferable, non-exclusive license, to access, Communicate or use the FAD Site or its Content. Any attempted transfer or assignment of Your limited, revocable, non-transferable, non-exclusive license or any rights or obligations under this Agreement is in violation of this Agreement and is void.
FAD is a PRIVATE website and restricts and limits all use of FAD Site Communications and Content to the FAD Site only. You understand and agree that the Content and Communications on the FAD Site, including, without limitation, the list of Our Members, authorized users, and their information, must remain on the FAD Site. It is a breach of the Terms of Service of this Agreement for You to extract, copy, or in any way disseminate for personal use or otherwise any of its Content or Communications outside of the FAD Site.
We try to securely store, transfer, process, retain, archive or delete Your information, Content and Communications, but We cannot guarantee complete security. The most secure method of maintaining Your information is by You NOT sharing it. So, please proceed with caution at all times and please do not Communicate any personal, private, privileged or confidential information or Content (such as, social security number, phone numbers, drivers license number, date of birth or health information) on the FAD Site that You expect to keep private.
Even if We remove Communication or Content from Our Site, copies of it may remain elsewhere and cannot be removed, once it has been shared with or Communicated to others. IN SHORT, WE CANNOT CONTROL CONTENT YOU COMMUNICATE, SO PLEASE DO NOT SUBMIT ANYTHING YOU DEEM PRIVATE, PRIVILEGED, CONFIDENTIAL OR PERSONAL.
Please remember that Your Account information is password protected and You must keep Your password safe. It is a good idea to use a strong password that includes a combination of letters, numbers and symbols. You are solely responsible to keep Your password confidential. It is important that parents, guardians and caregivers take proper precautions and prevent access to Our Site by children or wards. You acknowledge and agree that You are at all times Accountable for all activities that occur under Your Member Account. In the event that You become aware of any unauthorized use of Your Account or password, You must immediately notify Us. However, FAD has no obligation to act in response to such notice within any set time and, regardless of such notice to FAD, You shall remain solely responsible for any use or misuse through Your Account until Your Account is deactivated or suspended by Us. You acknowledge and agree that
in the event that You lose, forget, misplace or are a victim of unauthorized use of Your password for Your Account, FAD is not liable to You or any other party, for any: claim, liability, loss or damage of any kind by anyone, or for the loss of any or all Content or Communications on Your Account upon the issuance of another password or the deactivation or reactivation of Your Account or any other action that may be necessary.
FAD may (but is not obligated to) transfer, process, delete or archive, either in the United States or outside of the United States, any or all Content, in any way and at any time Communicated by and between You, Us, authorized users, Members or any other party, whether on, through or in connection with the FAD Site. FAD shall not in any way be responsible or liable to You or any authorized user or other party (including patients or potential patients, clients or potential clients), for the securing, processing, transferring, deleting, retaining, possible corruption, archiving or the failure to process, transfer, delete, retain, secure, or archive any or all Communications and Content, in any way and at any time associated with You, or Communicated by You, Us, Members, authorized users or any other party, whether on, through or in connection with the FAD Site. Consequently, it is Your SOLE RESPONSIBILITY to retain and keep confidential and secure all Communications You have with patients or potential patients and clients or potential clients. Neither FAD nor any of its officers, employees, managers, shareholders, directors or suppliers shall be liable to You or to any other person or entity for any general, punitive, special, indirect, consequential, equitable, or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of the FAD Site or any of its Content, or FAD’s breach of this Agreement, or otherwise, even if FAD had been, has been or should have been aware of or advised of the possibility of such damages, costs or losses, unless expressly provided herein.
You are responsible to take all reasonable measures to avoid, reduce, limit and mitigate any: claim, liability, demand, cause of action, loss or damage of any kind (including but not limited to), for special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages, or for loss of, use, data, programs, reputation, good will, property, opportunity, income, savings, profits, proprietary or confidential information, privacy and/or any other tangible, intangible or pecuniary loss, or for business interruption, or for damage or injury to person or property, or for cost of recovery, replacement, restoration, or mitigation of any harm, loss or damage, or for failure to meet any duty including of good faith or reasonable care, or for negligence, however caused and under any theory of liability, whether in law or equity, and You understand and agree that You are responsible for all expenses, attorneys fees and costs You may incur as a result of Your dealings with any Member, authorized user or any other party. In the event of any disagreement, dispute, lack of Communication or miscommunication between You and any Member, authorized user or any other party, You acknowledge and agree that FAD, shall have no obligation to become engaged in or in any way intervene.
ANY DEALINGS BETWEEN YOU AND ANY MEMBER, AUTHORIZED USER OR OTHER PARTY WHETHER FOR PURCHASE, DELIVERY, PAYMENT, TERMS, CONDITIONS, WARRANTIES, REPRESENTATIONS, ADVICE, TREATMENT OR ANYTHING ELSE, IS AT YOUR OWN RISK AND SOLELY BETWEEN YOU AND SAID MEMBER, AUTHORIZED USER OR OTHER PARTY. (NOTE: Be sure
to comply with all export and import licensing regulations, as restrictions vary from country to country and item to item. For some more information, please go to: https://www.bis.doc.gov/ as one possible source for information among others. For compliance with any and all laws and regulations, You should consult the advice of a competent attorney or other relevant professionals). You acknowledge and agree that FAD shall not have any role, responsibility, or involvement in any transaction or Communication between You and any Advertiser, other Member, authorized user, or any other party, and FAD does not (including without limitation) handle payments, guarantee transactions, provide escrow services, offer buyer protection, offer seller certification or, pay any taxes or other charges that may be directly or indirectly imposed by international, national, state or local laws and regulations.
You acknowledge and agree that You will at Your own expense, respond to and resolve inquiries and complaints from any other Member, authorized user or other party, that is in any manner related to Your actions, inactions, Communications, Content, use or misuse of the FAD Site, whether on, through or in connection with the FAD Site.
You acknowledge and agree that FAD may at any time discontinue, set limits or amend the permissible quantity, quality or type of Communications available, as well as limit the quantity of storage it has available for each Member, authorized user or other party.
We cannot predict when issues might arise with FAD or its Site, App(s), networks, or systems. Accordingly, Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will We be liable to You or any authorized user or other party for any claim, liability, demand, cause of action, loss or damages of any kind (including but not limited to):
Special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages;
Loss of use, data, programs, reputation, good will, property, opportunity, income, savings, profits;
Proprietary or confidential information, privacy and/or any other tangible, intangible or pecuniary loss;
Business interruption;
Damage or injury to persons or property;
Cost of recovery, replacement, restoration, or mitigation of any harm, loss or damages;
Failure to meet any duty including of good faith or reasonable care and/or negligence;
however caused and under any theory of liability, whether in law or equity, and for expenses, attorneys fees and costs, arising out of or related to this Agreement, FAD, FAD Site, App(s), networks or systems.
FAD disclaims any warranties against any (including without limitation) viruses, spam, worms, Trojan horses, corrupted files, hoaxes or any other material or computer, digital or electronic program that may (including without limitation), disrupt, damage, intercept, expropriate,
interrupt, destroy, suspend, delete, manipulate, or in any other way interfere with the computer, digital or electronic hardware, software, system, device, content, Communications, means of Communication, or any other infrastructure and medium, of any Member, authorized user or other party, in connection with his/her/their/its use of, misuse of or access to or Communication with the FAD Site or its Content. You acknowledge and agree that it is Your responsibility to have the most up-to-date (including without limitation) anti-virus and system protection software on Your, computer, digital or electronic device, medium or means of Communication. You acknowledge and agree that FAD may (but has no obligation to) filter the FAD Site, Content or Communications for any (including without limitation) viruses, worms, Trojan horses, corrupted files, hoaxes or any other computer, digital or electronic program, Content or material.
THE LIMITATIONS ON FAD’S LIABILITIES SHALL APPLY REGARDLESS OF WHETHER FAD WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF ANY BREACH, DAMAGES OR LOSS, OR SHOULD HAVE BEEN AWARE OF THE POTENTIAL FOR ANY BREACH, DAMAGES OR LOSS OF ANY TYPE.
Please be advised and understand that FAD DOES NOT WARRANT THE SECURITY, FUNCTIONALITY, TIMELINESS, ACCURACY, INTEGRITY, QUALITY, RELIABILITY OR AVAILABILITY OF
ITS SITE OR ITS CONTENT, EITHER IN WHOLE OR IN PART. You acknowledge and agree that FAD at its sole discretion reserves the right to, in whole or in part (including without limitation):
Limit, transfer, suspend, modify, add to, upgrade, regulate, eliminate or discontinue the Site, any of its Content or features;
Limit, suspend, terminate or block any Member or authorized user’s Accounts and membership;
either temporarily or permanently at any time, with or without notice or cause, and, FAD shall not be liable to You, any Member, authorized user, or any other party for any such action or inaction.
You agree that regardless of any statute, law, code, regulation or legal precedence to the contrary, in no event shall FAD be liable to You, an authorized user, or any other party, and You will defend, indemnify and hold FAD harmless from any claim, liability, criticism, demand, cause of action, loss or damage of any kind, including but not limited to any:
Special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages;
Loss of use, data, programs, reputation, good will, property, opportunity, income, savings, profits;
Proprietary or confidential information, privacy;
Tangible, intangible or pecuniary loss;
Business interruption;
Damage or injury to persons or property;
Cost of recovery, replacement, restoration, or mitigation of any harm, loss or damages;
Failure to meet any duty including of good faith or reasonable care and/or negligence;
however caused and under any theory of liability, whether in law or equity, and whether made or incurred by You, an authorized user or any other party, due to or arising out of any failure of the FAD Site, Content or Communications, to be (including and without limitation), secure, timely, accurate, complete, functional, useable without interruption or limitation, virus free, uninterrupted, fully operational, available as to Content and Communication, error free, current, not misused, reliable, inoffensive, trustworthy, decent, non-discriminatory, agreeable, safe, unaltered as to Content, Communication, components, parts or related features & services; whether caused or communicated by FAD or any of its Members, authorized users or other party; REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND REGARDLESS OF WHETHER FAD WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY OR SHOULD HAVE BEEN AWARE OF THE POTENTIAL FOR SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY OF ANY KIND. FAD’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USER, ANY OTHER PARTY OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES
WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH EVENT, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FAD RESERVES THE RIGHT TO ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree that regardless of any statute, law, code, regulation or legal precedence to the contrary, You will defend, indemnify and hold FAD harmless, and use good faith efforts to prevent exposing FAD and its Site to any claim, liability, criticism, demand, cause of action, loss or damage of any kind, including but not limited to:
Special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages;
Loss of use, data, programs, reputation, good will, property, opportunity, income, savings, profits;
Proprietary or confidential information, privacy;
Tangible, intangible or pecuniary loss;
Business interruption;
Damage or injury to persons or property;
Cost of recovery, replacement, restoration, or mitigation of any harm, loss or damages;
Failure to meet any duty including of good faith or reasonable care and/or negligence;
however caused and under any theory of liability, whether in law or equity, and whether made or incurred by You, an authorized user, or any other party, arising out of any Communication, opinion, information or Content, in any way Communicated, anywhere on the FAD Site, suggesting that it conveys the opinion, endorsement, Content or Communication of FAD or its Site, for any harm caused to FAD, its Site, its Members, authorized users or any other party, as a result of Your failure to comply with the Terms of Service and spirit of this Agreement, and (including without limitation) Your use or misuse of the FAD Site, Your conduct, actions, failure to act, and Your Communications and Content, whether on, through or in connection with Our Site; REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND REGARDLESS OF WHETHER FAD WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY OR SHOULD HAVE BEEN AWARE OF THE POTENTIAL FOR SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY OF ANY KIND. FAD’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USER, ANY OTHER PARTY OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH EVENT, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FAD RESERVES THE RIGHT TO ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY.
You agree to defend, indemnify and hold FAD, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any Member, authorized user, or any third party due to or arising out of Your contributed Content, use of the FAD Site or Services, and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth herein. Notwithstanding the foregoing, FAD reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify FAD, and You agree to cooperate, at Your expense, with FAD’s defense of such claims. FAD will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We may, but have no obligation to contact or inform other Members, authorized users or any other party or entity, of any or all of Your conduct, breach, actions, failure to act and/or Communications & Content, whether on, through or in connection with Our Site.
FAD DOES NOT MAKE ANY WARRANTIES ABOUT THE ABILITY OF THE FAD SITE TO MEET YOUR NEEDS, OR THAT THERE WILL NOT BE UNAUTHORIZED ACCESS TO OR USE OF THE FAD SITE, OR
THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE FAD SITE. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. FAD’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USER, ANY OTHER PARTY OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH EVENT, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FAD RESERVES THE RIGHT TO ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY.
TO THE EXTENT PERMITTED BY LAW, FAD EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. FAD SITE IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY. IN NO EVENT WILL FAD WARRANT OR BE LIABLE TO ANY MEMBER, AUTHORIZED USER OR ANY OTHER PARTY FOR ANY CLAIM, LIABILITY, CRITICISM, DEMAND, CAUSE OF ACTION, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
Special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages;
Loss of use, data, programs, reputation, good will, property, opportunity, income, savings, profits;
Proprietary or confidential information, privacy;
Tangible, intangible or pecuniary loss;
Business interruption;
Damage or injury to persons or property;
Cost of recovery, replacement, restoration, or mitigation of any harm, loss or damages;
Failure to meet any duty including of good faith or reasonable care and/or negligence;
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN LAW OR EQUITY, AND WHETHER MADE OR INCURRED BY YOU, AUTHORIZED USER OR ANY OTHER PARTY, ARISING OUT OF OR IN CONNECTION WITH FAD, ITS SITE, ANY OF ITS MEMBERS, AUTHORIZED USERS, ANY OTHER PARTY OR ANY THIRD PARTY, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND REGARDLESS OF WHETHER FAD WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY OR SHOULD HAVE BEEN AWARE OF THE POTENTIAL FOR SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY OF ANY KIND. FAD’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USER, ANY OTHER PARTY OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH EVENT, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FAD RESERVES THE RIGHT TO ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY.
You agree that You will cooperate fully as reasonably required by Us in the defense of any claim, liability, demand, or cause of action against FAD. FAD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You and You will not in any event settle any claim without prior written consent from Us.
You acknowledge, understand and agree that FAD does not warranty that any defects on its Site whether they should be known, are made known or were known to FAD, will be addressed or corrected.
To the maximum extent permitted by applicable law, in no event shall FAD be liable for any, claim, liability, criticism, demand, cause of action, loss or damage of any kind (including but not limited to):
Special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages;
Loss of use, data, programs, reputation, good will, property, opportunity, income, savings, profits;
Proprietary or confidential information, privacy;
Tangible, intangible or pecuniary loss;
Business interruption;
Damage or injury to persons or property;
Cost of recovery, replacement, restoration, or mitigation of any harm, loss or damages;
Failure to meet any duty including of good faith or reasonable care and/or negligence;
however caused and under any theory of liability, whether in law or equity, and whether made or incurred by You, an authorized user, or any other party, arising out of or in connection with THE TERMS OF SERVICE OF THIS AGREEMENT, MISREPRESENTATION, STRICT LIABILITY, OR BREACH OF WARRANTY OF FAD; EVEN IF FAD WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY, OR SHOULD HAVE BEEN AWARE OF THE POTENTIAL FOR SUCH SHORTCOMING, DAMAGE, LOSS OR INJURY, AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY REMEDY. FAD’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USER, ANY OTHER PARTY OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN
SUCH EVENT, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FAD RESERVES THE RIGHT TO ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY.
YOU AGREE THAT YOUR USE OF THE FAD SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FAD SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FAD SITE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND COMMUNICATIONS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SITE’ SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION AND COMMUNICATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, COMMUNICATION OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAD SITE. FAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY MEMBER, AUTHORIZED USER, OR THIRD PARTY THROUGH THE FAD SITE OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY MEMBER, AUTHORIZED USER, OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The inclusion of ANY Content or Communication whatsoever on the FAD Site, whether Communicated by or through a Members, authorized users or any other party shall in no way be construed or implied, that FAD or its Site in any way accepts responsibility, promotes, endorses or takes any position one way or another, regarding (including without limitation), the opinions, ideas, Websites, Web pages, data, information, illustrations, sounds, photographs, texts, video clips, graphics, scripts, causes, products, services or any other Content or Communications, of any Member, authorized user, or other party. FAD does not accept responsibility for any Communication or Content in any form or format Communicated on, through or in connection with the FAD Site by any Members, authorized users or any other party. FAD shall not be liable for any breach, loss or damage of any kind incurred as a result of any reliance by any Members, authorized users or any other party on the completeness, accuracy or continued availability of any of the above-mentioned Communications or Content, that may in any manner be visible or
Communicated on, through or in connection with the FAD Site by any Members, authorized users or any other party.
For Your convenience, FAD may Communicate Content on FAD Site including without limitation, advertisements, links, hyperlinks, pop-ups, websites, web pages, v-card, e-mails, addresses, locations, contacts to any other party, person, entity, site or location. However, any and all such Content, may have privacy practices and terms of use that differ from that of the FAD Site. We are not responsible for and have no control over their terms, conditions of use, practices and privacy policies. We encourage all Members, authorized users and other parties to read and understand the terms, conditions of use, practices and privacy policies of these (including without limitation), advertisements, links, hyperlinks, pop-ups, websites, web pages, v-card, emails, addresses, locations and contacts to any other party, person, entity, site or location they visit or Communicate with. You agree that Your Communications will be at Your own risk and We shall not be responsible for any loss, injury or damage of any kind relating to Your dealings.
By using the FAD Site and services, You agree where automated systems and artificial intelligence is utilized to assist in aspects such as Content recommendations or Member interactions, there is potential for automation bias, where certain groups or individuals may be disproportionately affected. You agree to these potentials and understand that while we may take steps to minimize automation bias, we cannot guarantee bias-free outcomes in automated processes. You acknowledge and agree that, if You have any objections to any of the Terms of Service attached to Membership in or any use of the FAD Site, Your only recourse is to delete Your Account and cease using the FAD Site at once.
Disputes–Binding Arbitration And Class Action Waiver
For any disputes or claims with FAD, You agree that You will first contact Us, and in good faith, attempt to resolve any dispute or claim with Us informally. We will respond within 60 days of receiving Your Notice of Claim or Dispute. In the unlikely event that We have not been able to resolve the dispute or claim after attempting to do so informally, You and Us each agree to resolve any dispute or claim arising out of, in connection with or relating to FAD, FAD Site, this Agreement, or the breach, alleged breach, formation, unconscionability, enforceability, applicability, validity, binding effect, interpretation, performance, amendments, or termination of this Agreement, including whether the claims asserted are arbitrable (collectively, “claims”) by binding arbitration rather than in court. Additionally, to the extent of the individual claim before the arbitrator, the arbitrator will have the authority to award specific performance or temporary, interim, or permanent injunctive relief. The term “dispute” or “Claim” is as broad as it can be.
However, this arbitration agreement does not limit FAD from the option to bring action in a court of law for unauthorized or fraudulent access to the FAD Site or access that exceeds authorization granted in this Agreement. FAD shall have the right to collect its costs, related expenses and reasonable attorneys' fees incurred in enforcing this Agreement against You in
court for Your breaches and violations. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware, for any actions for which We retain the right to seek injunctive or other legal or equitable relief from the courts to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, trade dress, patent, data security or other intellectual property or proprietary rights as set forth in the Arbitration provision of this Agreement, as well as in the Terms of Service of this Agreement and all its amendments without regard to its conflict of laws rules.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be limited discovery than in court. The arbitrator can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration and the arbitrator must follow all Terms and Limitations as stated in this Agreement.
This arbitration agreement applies regardless of whether the Claim or dispute involves (including without limitation) a tort, fraud, misrepresentation, right of privacy or publicity, product liability, negligence, violation of a statute, or any other legal theory. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED BY THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ALSO WAIVE ANY RIGHT TO FILE CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION OR CLAIMS CONSOLIDATION WITH OTHER ARBITRATIONS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY.
However, You retain the right to bring action in court to prevent the actual or threatened infringement of Your copyright, trademarks, trade secret, patent or other intellectual property rights. You and Us also each retain the right to bring an individual action in small claims court if the claims qualify.
You agree that the arbitrator will have no authority to award punitive or other damages not measured by Your actual damages. THE ARBITRATOR MAY AWARD RELIEF only in favor of the party seeking relief and ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY
THAT PARTY’S INDIVIDUAL CLAIM(S). Any relief awarded by the arbitrator cannot affect other Members, authorized users or other party. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages or relief that conflict with this Agreement or any of its amendments.
If it is determined that a particular Claim or relief sought cannot be arbitrated in accordance with the arbitration provisions of this Agreement, then only that Claim or relief sought can be brought in court and before a judge and all remaining Claims and relief sought must remain subject to the arbitration provisions and limitation as stated here.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim or dispute, then only those parts will proceed to court, with the rest proceeding to binding arbitration as set forth here.
To give Us a signed and dated Notice of Your Claim or Dispute, or of Your intent to file for arbitration proceedings, You must send Us all of the following:
Your legal name,
Your FAD Site Username,
Email address associated with Your FAD Site Account,
Your phone number,
Your physical address where You can be reached,
A detailed description of the nature and basis of Your Claim or dispute and any supporting things you would like Us to consider,
The specific relief You are asking,
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State if this is your Notice of Claim or Dispute,
State if this is Your notice of request for arbitration (available and applicable Only After attempts at informal resolution have failed),
Mailed by United States Postal Service with certified mail and return receipt requested or FedEx, UPS or DHL with signature required.
This Notice of Claim or Dispute is a prerequisite to initiating arbitration.
If the dispute is not resolved to your satisfaction, you may begin arbitration after 60 days by submitting a Demand for Arbitration to the International Court of Arbitration of the International Chamber of Commerce (ICC). Binding arbitration will be administered by the ICC, under the Rules of Arbitration of the ICC then in force. The party initiating the arbitration must file for arbitration with the International Court of Arbitration of the ICC in accordance with their rules and procedures. The arbitration shall be conducted in the English language and by one arbitrator that is appointed according to the ICC Rules of Arbitration. In the event We initiate arbitration against You, notice will be sent to You to the email address and/or physical address You have given Us in Your Notice of Claim or Dispute. Any settlement offer made by You or Us during informal dispute resolution shall not be disclosed to the arbitrator if arbitration takes place.
Binding arbitration will be conducted based on written submissions. If the arbitrator decides to conduct hearings, it will be by teleconference or videoconference, unless the arbitrator determines upon request by You or Us that an in-person hearing is appropriate. All in person arbitration shall be conducted in the State of Delaware or at another mutually agreed location.
You agree that The Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute or Claim of any sort that might arise between You and Us. Judgment upon the arbitration award may be entered in any court that has jurisdiction thereof. IN ANY LITIGATION BETWEEN YOU AND US OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND FAD WAIVE ALL RIGHTS TO A JURY TRIAL, AND ELECT INSTEAD TO HAVE THE DISPUTE
BE RESOLVED BY A JUDGE. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. In the event the arbitrator decides that the Claims You assert in the arbitration to be frivolous, You agree to
reimburse Us for all fees (including attorney’s fees) and expenses associated with the arbitration paid by Us.
All Communications, documents and information disclosed in the course of You and Our initial informal attempts to resolve any disputes or Claims, or during arbitration, shall be kept strictly confidential by all parties involved and shall not be used for any purpose other than for purposes of the initial attempt to resolve any dispute or Claims informally, or for arbitration or for the enforcement of the arbitrator’s decision and award. No document or information of any kind and in any format shall be disclosed except in confidence to persons who have a need to know to enforce the arbitrator’s decision and award. Furthermore, neither You, the arbitrator or the ICC shall at any time upon, during or after the Claim or dispute make any public announcement or public comment or originate any publicity concerning the dispute, arbitration or resolution, including but not limited to, the fact that the parties are in dispute, the existence of the arbitration, the claims in arbitration, any decisions or awards of the arbitrator or any agreements You and Us came to during the informal resolution of any Claims or disputes by You.
These arbitration provisions will survive termination or cancellation of this Terms of Service Agreement and all of its Amendments, as well as the termination of Your use of the FAD Site for any reason.
IF YOU ARE A NEW MEMBER OR NEW AUTHORIZED USER OF THE FAD SITE, YOU CAN CHOOSE TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY MAILING TO US A WRITTEN OPT-OUT NOTICE WITHIN 30 DAYS OF YOUR FIRST AGREEING TO THE TERMS OF SERVICE OF THIS AGREEMENT. IF YOU AGREED TO A PREVIOUS VERSION OF THESE TERMS OF SERVICE THAT ALLOWED YOU TO OPT-OUT OF THE ARBITRATION PROVISION, YOUR PREVIOUS CHOICE TO OPT-OUT OR NOT OPT-OUT REMAINS BINDING. ONLY NEW MEMBERS AND NEW AUTHORIZED USERS MUST CHOOSE TO OPT-OUT OR NOT. YOUR ELECTION TO OPT-OUT OR NOT, IS PERMANENT AND DOES NOT NEED TO BE RENEWED WITH ANY AMENDMENTS TO THIS TERMS OF SERVICE AGREEMENT. PLEASE KNOW THAT IF YOU OPT-OUT OF THE ARBITRATION AGREEMENT PROVISION OF THIS AGREEMENT, ALL OTHER PARTS OF THIS TERMS OF SERVICE AGREEMENT AND ANY AND ALL AMENDMENTS TO IT, WILL CONTINUE TO APPLY TO YOU. THIS FOLLOWING PROCESS MUST BE USED TO OPT-OUT OF THE AGREEMENT TO ARBITRATE.
THIS FOLLOWING PROCESS MUST BE USED TO NOTIFY US OF YOUR REQUEST TO OPT-OUT OF THE AGREEMENT TO ARBITRATE. Your Opt-Out notice must:
State Your name, username, email address You used to set up Your FAD Site account, Your physical address, and a clear statement that You wish to opt-out of the arbitration provision of the For All Doctors Inc. Terms of Service Agreement;
You must mail Us Your opt-out notice by United States Postal Service certified mail with return receipt requested or by FedEx or UPS or DHL with signature required.
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YOUR OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS FROM YOUR FIRST TIME AGREEING TO THE TERMS OF SERVICE OF THIS AGREEMENT AS A NEW MEMBER OR NEW AUTHORIZED USER.
CALIFORNIA RESIDENTS -
If You are a California resident, in accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Unless You and Us agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to You or to a particular Claim or dispute, either as a result of Your decision to opt-out of the Agreement to arbitrate or as a result of a decision by the arbitrator or a court order, You hereby irrevocably and unconditionally (i) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in a state or federal court of competent jurisdiction in the State of Delaware (the “Delaware Courts”), and governed by, and construed and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules; (ii) consent to submit to the exclusive jurisdiction of the Delaware Courts for purposes of any action or proceeding arising out of or in connection with this Agreement or breach thereof; (iii) waive any objection to the laying of venue of any such action or proceeding in the Delaware Courts; (iv) waive, and agree not to plead or to make any claim that any such action or proceeding brought in the Delaware Courts has been brought in an improper or inconvenient forum; and (v) agree that We may seek preliminary or injunctive relief in the appropriate court(s) of any state or country.
FAD may at any time, without cause or notice to You, terminate this Agreement. If Your use of the FAD Site ends, or We terminate this Agreement for any reason, the terms of this Agreement which by their nature should survive the termination of this Agreement, as well as any additional Terms, Conditions, provisions, licenses, notices, disclaimers, releases, claims, limitations, indemnities, liquidated damages, obligations, liabilities, rights, mandatory arbitration, no class action, jurisdiction, choice of law, venue and any terms which are expressed to continue indefinitely under this Agreement that were in force during Your Membership with, use of or access to FAD Site, shall continue to be enforceable according to the Terms of Service of this Agreement for the duration of time specified as may be applicable, and those which continue to apply indefinitely shall remain unaffected. The termination of this Agreement will not relieve You from any liability for any antecedent breach of this Agreement.
If You access the FAD Site from elsewhere, You are responsible for compliance with all local and international laws. You agree that You will not use Content accessed on the FAD Site in any country or in any manner prohibited by any applicable laws or restrictions.
DEADLINE TO FILE A COMPLAINT OR CLAIM
Regardless of any statute, law, regulation or rule to the contrary, any claim, demand, dispute, or cause of action against FAD by any Member, authorized user or any other party arising out of or related to the use or misuse of the FAD Site, or under the Terms of Service of this Agreement, MUST BE FILED WITH US WITHIN ONE YEAR AFTER SUCH COMPLAINT, CLAIM, DEMAND,
DISPUTE, OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. If applicable law prohibits a
one-year limitation period for asserting claims, then any claim must be asserted within the shortest time period permitted by applicable law.
MEDICAL INFORMATION ON THE FAD SITE
THE INFORMATION ON THIS SITE IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. All content, including but not limited to, text, links, graphics, images and information, contained on or available through the FAD Site is for general information purposes only and FAD and FAD Site does not provide medical advice or endorse any medical or professional advice obtained through any information and Content provided on the FAD Site or any links to the FAD Site. FAD MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE FAD SITE, AND SUCH INFORMATION IS SUBJECT TO CHANGE
WITHOUT NOTICE. You are encouraged to confirm any information obtained from or through the FAD Site with other sources, and review all information regarding any medical condition or treatment with Your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE FAD SITE.
FAD does not recommend, endorse or make any representation about the efficacy, accuracy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, or opinions of healthcare providers or other information that may be contained on or available through the FAD Site.
FAD is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that You obtain through the FAD Site. Please be aware that information on FAD Site may contain errors, be outdated or have typographical errors.
If You Think You May Have A Medical Emergency, You Should Call Your Doctor, Or 911 (Or Your Location’s Emergency Phone Number If 911 Does Not Apply), Or Go To The Nearest Hospital Immediately.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR, OR 911 (OR YOUR LOCATION’S EMERGENCY PHONE NUMBER IF 911 DOES NOT APPLY), OR GO TO THE NEAREST HOSPITAL IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE FAD SITE FOR IMMEDIATE, URGENT MEDICAL NEEDS. FAD SITE IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES.
FAD Site may contain health or medical related materials or discussions regarding sexually explicit disease states. If You find these materials offensive, You may want to not use Our Site.
The FAD Site and its Content are provided on an "as is" basis and assumes no duty to correct or update FAD Site nor to resolve or clarify any inconsistent information that might be a part of FAD Site.
Use of FAD Site does not establish a doctor–patient relationship.
You assume full responsibility for using the information on FAD Site, and You understand and agree that FAD is not responsible or liable for any claim, loss or damage resulting from its use by You, any authorized user or any other party.
FAD is not regulated by or have any relationships with the Food And Drug Administration or any other state or national medical board.
Any links found on FAD Site to other websites are only for convenience purposes and might have different terms of use and privacy policies. The existence of a link is not intended to be, and should not be taken as, an endorsement by FAD of any Content, product or service that may be available through such external websites.
Among other things, FAD Site provides an online directory (“Directory”) designed to connect Members and authorized users with healthcare providers. All information in the Directory is submitted by the healthcare providers listed in the Directory and FAD DOES NOT VERIFY THE ACCURACY OF THE INFORMATION. Such verification is the responsibility of You, the Member or the authorized user. FAD makes no guarantee that providers listed in the Directory are licensed, that the information listed is correct or current, or that those providers have expertise.FAD makes no recommendation or endorsements of any healthcare provider listed in the Directory.
LEGAL INFORMATION ON THE FAD SITE
THE CONTENT IN THE FAD SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SUBJECT MATTER, AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE, OR UP-TO-DATE AND IS SUBJECT TO CHANGE
WITHOUT NOTICE. FAD makes no guarantee that providers listed in the Directory are licensed, that the information listed is correct or current, or that the providers have expertise. FAD makes no recommendation or endorsements of any attorney listed in the Directory.
Communications of information by, in, to, or through the FAD Site and Your receipt or use of the information: (1) is not provided in the course attorney-client relationship and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney.
Use of, and access to FAD Site or any of the links or resources do not create an attorney-client relationship between the Members or users, contributors, contributing law firms, or their respective employee and employers. You should not rely upon the transmission of an e-mail
message to an attorney through the FAD Site to create an attorney-client relationship. The hiring of an attorney is an important decision that should not be based solely upon website Content or advertisements. You should not act or refrain from acting on the basis of information on the FAD Site without first seeking legal advice from a qualified attorney in the relevant jurisdiction. Only Your individual attorney can provide assurances that the information contained on FAD Site – and the interpretation of it – is applicable or appropriate to Your particular situation. We disclaim all liability for actions You take or fail to take based on any Content or Communications on FAD Site.
We cannot assure You that Your Communications will be private or privileged. Please do not Communicate any confidential or sensitive information until You obtain prior written authorization to send that information and have entered into a formal written attorney-client relationship. If You do Communicate confidential or sensitive information, in a private message or as a comment, there is no duty of confidentiality or an obligation to discontinue or decline representations in conflict with Your interests.
FAD Site is not intended as advertising or solicitation in any jurisdiction where Our Site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction.
Visiting FAD Site and sending emails constitute electronic Communications. By posting any user-generated Content to FAD Site, You consent to receive electronic Communications and You agree that all agreements, notices, disclosures and other Communications that We provide to You electronically, via email, and/or on FAD Site, satisfy any legal requirement that such Communications be in writing.
MOBILE SOFTWARE
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Service. FAD does not warrant that the Mobile Software will be compatible with Your mobile device. FAD hereby grants You a non-exclusive, non-transferable, revocable license to use Your FAD Site Account on Your mobile device. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that FAD may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the Terms of Service of this Agreement will apply to all such upgrades. Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in
this Agreement, is void. FAD reserves all rights not expressly granted under this Agreement. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the FAD Site.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If You believe, in good faith, that material on Our Site infringes a copyright owned by You, then You (or Your agent) may send Us notice requesting that the material be removed or access to it blocked. A full copy of Your notice (including Your name, address, phone and email address) will be sent to the alleged infringing party who posted the allegedly infringing material in question.
The notice must include the following information:
Your full name;
Your contact information, including Your address, telephone number, and, e-mail address;
Identification of the copyrighted work that is allegedly being infringed;
A description specifying the location on Our Site of the material that You claim is infringing;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the owner or a person authorized to act on behalf of the copyright owner.
The above information must be submitted to the following DMCA Agent: JACODigital(r)
10990 Wilshire Blvd., Suite 1025 Los Angeles, CA 90024
(310) 469-9800
DMCANotice@JACODigital.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying FAD that Your copyrighted material has been infringed. The preceding requirements are intended to comply with Our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws.
Counter Notification
If You believe Your own copyrighted material has been removed from Our Site as a result of mistake or misidentification, You may submit a written counter notification (“Counter Notification”) to Our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and
(3). To be an effective Counter Notification under the DMCA, your Counter Notification must include the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which For All Doctors Inc. and You agree to;
A statement that You will accept service of process from the party that filed the Notification or the party's agent;
Your full name, address, telephone number and email address;
A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your physical or electronic signature.
The above information must be submitted to the following DMCA Agent: JACODigital(r)
10990 Wilshire Blvd., Suite 1025 Los Angeles, CA 90024
(310) 469-9800
DMCANotice@JACODigital.com
If You send Us a valid, written Counter Notification meeting the requirements described above, We will restore Your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You misrepresent that the disabled or removed material was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
We reserve the right and sole discretion to enforce or choose not to enforce any Terms of Service of this Agreement; however, Our inaction shall not be deemed a waiver of Our right to enforce any of the Terms or Conditions of this Agreement or take any actions against any Member, authorized user or any third party in the event of any breach hereunder or any future breach. Any waiver by FAD must be signed and in writing by FAD.
Should any court of competent jurisdiction declare any Term or Condition of this Agreement void or unenforceable, such term or condition will be changed or interpreted so as to best accomplish the objectives of the original Term or Condition to the fullest extent allowed by law and the remainder of this Agreement shall remain in full force and effect.
Unless otherwise specifically stated, this Agreement is not for any third-party beneficiary and does not confer any third-party beneficiary rights. There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of these Terms or use of the FAD Site. Any rights and licenses granted hereunder may not be transferred or assigned by You.
We may assign, transfer, or otherwise allocate this Agreement, and any or all of Our rights and obligations under this Agreement, in whole or in part, at any time without notice or restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
You will not transfer any of Your rights and obligations under the Terms of Service of this Agreement to anyone else without Our explicit and written consent.
If Your use of the FAD Site ends, to the extent relevant, the terms of this Agreement shall continue to apply to You.
FAD will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
Unless otherwise stated, any notice to FAD must be sent to Us via Our ForAllDoctors.com Contact Us page.
The titles appearing in connection with the various paragraphs of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy.
This Agreement, together with any amendments, and all documents referenced herein constitute the entire Agreement between You and Us and supersede any prior or contemporaneous Agreements.
An electronic signature, or e-signature, is a digital representation of Your intent to agree to these terms. It has the same legal standing as a handwritten signature. Your electronic signature indicates Your understanding of and agreement to the legal obligations outlined in this Agreement.
You accept and agree to be bound by this Agreement by acknowledging such acceptance during the registration process and also by continuing to use the FAD Site. If You do not agree to abide by this Agreement, or to modifications that FAD may make to this Agreement in the future, You must stop all Your use or access to the FAD Site and its services.
DEFINITIONS:
FAD/We/Our/Us: Includes For All Doctors Inc. as well as its partners, affiliates, subsidiaries, successors, officers, directors, executives, representatives, administrators, agents, associates, employees and staff.
FAD Site/ForAllDoctors.com/FAD Site(s)/Platform/Our Site/Our Site(s):
Includes but is not limited to Our URL(s), websites, IP addresses, servers, databases, web pages, email addresses, domain names, domain addresses, registrations;
Appearance, look & feel, expression, logo, logo colors, color combination, marks, emblems, icons, illustrations;
Software, languages (including programming, markup, and style sheets), hypertexts, hyperlinks, links, graphics, multimedia, applications, structures, modules, metrics, scripts, coding, technology, programs, versions, designs, architecture, frameworks, data, text, layouts, interfaces, metadata, organization, specifications;
Documents, products, services, meeting designs and platforms, voting and polling designs and platforms, promotion designs and platforms;
Connections, creations, introductions, source and referrals from and to persons, organizations, places, products, services, information, and ideas;
All lists and directories including association lists and directories, hospital lists and directories, advertiser lists and directories, member lists and directories, compilations, client/patient lists and directories, member lists and directories, donors list and directories and similar;
Search methods, search options and combinations, posting methods, posting options and combinations, publication methods, publication options and combinations, Peer review methods, peer review options and combinations, sort methods, sort options and combinations, and similar methods, options and combinations;
Discussion boards, bulletin boards, forums, tag boards, listings, advertisings, classifieds, personals, catalogues, polling, voting, meetings, rosters, groups, news, news groups, message boards, blogs, video blogs, audio blogs, continuing education, connection to peers, connection to clients and patients, calendars, events, messaging, chat rooms, video chats, message boxes, peer reviews, article publications, image boards, and all other sections, features, or similar identifiable products, services, sections, modules, or features;
Anonymous access, view and use of all FAD Site products, modules, features, sections, services, Content and Communications;
Means and modules of Communication regardless of whether in electronic, digital, or any other format;
All other related FAD Sites.
Member/You/Your: Includes registered professionals authorized by FAD to access the FAD Site; and all other authorized users, subscribers, persons, organizations, companies, entities and visitors authorized to access the FAD Site for predefined purposes set forth by FAD.
Content: Includes but is not limited to data, communications, correspondences, emails, classifieds listings, forum discussions, personals listings, blog posts, images, music, videos, slides, uploads, reviews, messages, information, opinions, suggestions, documents, letters, declarations, material, offers, statements, texts, records, facts, figures, writings, discussions, bulletins, postings, chats, tags, structures, modules, metrics, coding, technology, programs, designs, architecture, frameworks, appearance, layouts, interfaces, audios, photographs, hypertexts, hyperlinks, links, video clips, animations, graphics, multimedia, logos, marks, emblems, organization, applications, languages (including programming, markup, and style sheets), products, services, and all other similar content, identifiable section, means, and modules, regardless of whether in electronic or digital format or other.
Communicate/Communication/Communicating/Communicated: Includes, but is not limited to, sending emails, corresponding, contacting, displaying, publishing, posting, distributing, broadcasting, transmitting, calling, conveying, uploading, downloading, sending, declaring, producing, reproducing, duplicating, disseminating, suggesting, implying, advocating, linking, hyperlinking, printing, relicensing, selling, advising, offering, writing, relaying, saying, informing, directing, advertising, circulating, making available, making visible, presenting, exhibiting, demonstrating, showing, illustrating, and other similar forms of communication, whether in electronic or digital format or other.
Account: Consists of a Member or authorized user’s username or login, or an authorized means of accessing the FAD Site or services in whole or in part.
Claim: An actual or potential action, loss, dispute, controversy, damage, liability, garnishment, lien, levy or other orders, cost or expanse, including special damages, equitable damages, actual damages, attorney fees, arbitration and arbitrator fees, and all other dispute resolution costs, claims and demands.
Agreement/Terms of Service: This document, including but not limited to, obligations, disclaimers, warnings, waivers, exceptions, exemptions, provisions, policies, notices, terms, conditions, notes, guidelines, recommendations, acknowledgements, consents, suggestions, comments, provisions, stipulations, requirements, rules, principles, responsibilities, rights, interests, warranties, guarantees and other such similar content of this Agreement and all amendments to this Agreement.