ForAllDoctors.com TERMS OF SERVICE

If You Think You May Have A Medical Emergency, You Should Call Your Doctor Or 911 (Emergency Phone Number) 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 911 (Emergency Phone Number) Immediately.

VERIFICATION AUTHORIZATION NOTICE:

PLEASE BE AWARE THAT BY APPLYING TO ForAllDoctors.com, YOU GIVE US, WITHOUT LIMITATION, FULL AUTHORIZATION TO USE PUBLICALLY AVAILABLE SOURCES FOR VERIFICATIONOF 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.

ARBITRATION NOTICE:

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 “DISPUTE-ARBITRATION” SECTION FOR DETAILS AND OPT-OUT OPTION.
Welcome To ForAllDoctors.com
A Secure, Encrypted, Free, Professional And Social Networking Website exclusive, to medical, legal and Ph.D. professionals worldwide.
Where the largest accumulation of likeminded intellectuals can contribute to advancement in such areas as, medicine, law, science, economy, technology, veterinary and much more.
ForAllDoctors.com has been consciously equipped with the tools and environment to freely and naturally, promote the cultivation of such advancements.
We truly thank you for your interest and involvement.
Please Read This Agreement Carefully To Ensure That You Fully Understand Each And Every Provision.
Registrants, Members, Users, Visitors must all read the Terms of Service of this Agreement in its entirety. By registering, using or browsing ForAllDoctors.com and its related sites (hereinafter, FAD Site(s) or Site(s)), 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 its Site(s) only in accordance with the Terms of Service of this Agreement. If You are accessing or using the FAD Site(s) 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 are enforceable against You.
You may register for an Account of the FAD Site(s) and must wait for approval during the time We need to confirm that You are who You say You are and You are a member of the profession to which You say You belong. For limited access to the FAD Site(s) you are not required to sign up for an Account and be verified. However, to enjoy many features of Our Site(s) and most content, does require You to register and sign up for an Account and be verified.
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(s). This agreement does not confer any third-party beneficiary rights.
Although You may find Our 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 Our Site reasonably and responsibly and be aware that Your appreciation and enjoyment of ForAllDoctors.com Site(s) does not habituate into dependence or an obsession.

YOU HEREBY CERTIFY AND AFFIRM THAT:

(1) ALL INFORMATION, DOCUMENTATION & CONTENT YOU HAVE GIVEN ON YOUR REGISTRATION ARE TRUE, CURRENT, ACCURATE & AUTHENTIC, AND
(2) YOU WILL MAKE SURE THAT ALL INFORMATION, DOCUMENTATION & CONTENT YOU HAVE GIVEN WILL REMAIN TRUE, CURRENT, ACCURATE & AUTHENTIC DURING YOUR MEMBERSHIP, AND
(3) 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 TERMINATION OF YOUR ACCOUNT AND CAN CONSTITUTE FORGERY UNDER TITLE 18, CHAPTER 47, § 1028 OF THE UNITED STATES LAWS, AND
(4) YOU UNDERSTAND AND AGREE THAT THE FAD SITE(S) AND ALL OF ITS VERSIONS, IS A PRIVATE WEBSITE AND ALL CONTENT AND COMMUNICATIONS ON THE FAD SITE(S) MUST REMAIN ON THE SITE(S) 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(S). BREACH OF THESE TERMS OF SERVICE CAN RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT, AND WE MAY PURSUE LEGAL CLAIMS AGAINST YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND
(5) YOU AGREE THAT YOUR USE OF FAD SITE(S) CONSTITUTES YOUR AGREEMENT AND ELECTRONIC SIGNATURE TO THIS AGREEMENT AND YOUR ELECTRONIC SIGNATURE SHALL HAVE THE SAME LEGAL EFFECT AS IF MADE UNDER OATH.
If You open an Account 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 applies:
  • “You” and “Your” includes You as well as that company, organization or entity, and
  • You represent and warrant that You are an authorized representative of that company, organization or entity, and
  • You have current and up to date authorization to bind that company, organization or entity to this Agreement, and
  • You agree to the Terms of Service of this Agreement on the company, organization, or entity’s behalf, and
  • The company, organization of entity accepts this Agreement, and
  • 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, and
  • By accessing FAD Site(s) with a third-party service, You give Us permission to access and use Your information from that third-party service, and
  • 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(s) 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(s). However, We will attempt to give you advance notice of any material changes to the Terms of Service of this Agreement, through email or notice upon your re-entering FAD Site(s) or by notice on the Site that changes have occurred in Our Terms of Service. Your continued use of the FAD Site(s) 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(s) 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(s), Your only recourse is to delete Your Account and cease using FAD Site(s) at once.
You understand, agree, consent and have no objection that:
a) To operate Our Site(s), We may need to store and distribute Content and data in Our data centers and systems around the world, including outside Your country of residence. 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.
b) We need certain permissions from You to provide Our services. We need Your permission to use Content You create and 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 or trademarks) in any such Content that You create and share on the FAD Site(s). Nothing in these Terms of Service takes away the rights You have to Your own Content and Communications. You are free to share Your own Content with anyone else, wherever You want. However, to provide the FAD Site(s), we need You to give Us license(s) to use Your Content and Communications. This is for the purposes including providing, improving and promoting Our Site(s) as well as achieving one of FAD’s goals advancing research and development of new technologies and services, (but still in compliance with Your Privacy Rights as stated in Our Privacy Policy).
c) Specifically, when You share, post, or upload Content and Communications covered by intellectual property rights on or in connection with FAD Site(s), You grant Us, Our successors and assigns, a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, truncate, aggregate, and create derivative works of Your Content, Communications, name, Username, photo, voice, video, video image, biometrics and likeness. You also grant a non-exclusive perpetual license to each Member and authorized user of the FAD Site(s) to access Your Content within the FAD Site(s) even after the termination of Your account unless You delete or remove Your Content to the extent possible. You shall not be entitled to any remuneration for such uses.
The licenses You grant Us continues for a commercially reasonable time after You remove or delete Your Content from Out Site(s). You agree that FAD may retain, but not display, distribute, or perform any copies of Your Content that have been successfully removed or deleted.
d) We do not charge You for using the FAD Site(s) or any of its features; instead, businesses and organizations pay Us to show You ads for their products and services. By using FAD Site(s), You agree that We can 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 type, specialty, group involvements, Member connections, forums involvements, events involvements, username, device information) with third parties We deem reasonably necessary to maintain, expand or improve the FAD Site(s) and Your experience in using the FAD Site(s) to connect with other Member doctors, Member lawyers, Member PhDs, patients, clients, groups, businesses, organizations, advertisers, people, products, services and others significant to You from around the world. 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.
e) We obtain reports, and provide Our advertisers with reports about the performance of their 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(s), and for Ourselves to better understand, to make suggestions or respond to the interests and needs of Our Members and authorized users, to engage in research and development, to do tests, to conduct surveys, to do troubleshooting of new and existing features, and more generally, to develop and improve Our Site(s), features and Goals.
f) We may work with other businesses and organizations to help Us with data and information processing, securing Our Site(s), and other support of Our Site(s), conducted in compliance with Our Privacy Policy.
g) We may use other businesses and organizations to collect and receive non-personally identifiable information about Your browser or device when You use Our Site(s). These businesses and organizations 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: https://policies.google.com/technologies/partner-sites
h)We 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(s) 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 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(s), 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 provide, support, improve Our Site(s) as well as achieve Our mission of enabling and contributing to advancement in areas such as medicine, law, science, economy, literature, technology, veterinary and humanity as a whole.
i) We 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, and authorized users 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 likeminded 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(s) to best serve You and achieve Our most important mission and goal of enabling and contributing to advancement in areas such as medicine, law, science, economy, literature, technology, veterinary and humanity as a whole.
j) Cookies are small pieces of text used to store information that is stored on Your device to help a website or mobile app remember things about You. For Your knowledge, FAD may use cookies, including third party cookies for a number of reasons, including without limitation, to: protect Your FAD Site(s) Account, administer Our Site, make the FAD Site(s) 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.
k) In the event that FAD, or its Site(s) is sold or acquired in any way, Member, authorized user, and other party information, Content and Communications will 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(s), without cause or notice, at any time. FAD reserves the right to require its Member or authorized user for re-verification of identity or credentials at any time. FAD Site(s) is prohibited to anyone under the age of 18, convicted sex offenders, as well as anyone that under any applicable law is prohibited from accessing or using Our Site(s) and any of its features.
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.
You understand and agree that other Members and authorized users can see signals telling them whether You are currently active on FAD Site(s).
You give Us permission to use Your profile information and the Content and actions You have taken on FAD Site(s) or in connection with Ads, offers and other Content that We display on FAD Site(s), without compensation to You. For example, We may show other Members and authorized users that You are interested in an advertised event.
You understand that by using FAD Site(s), 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 accordance to 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 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(s) 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 FAD Site(s), advance technology, develop new features and make Our Site(s) 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(s) to any website, page, forum, blog, or any source, or
  • to link from any outside website, page, forum, blog, or any source into the FAD Site(s).
If a law enforcement official is seeking information from You ABOUT YOUR ACCOUNT ONLY, and You have consented to it, (under this circumstance only) You are permitted to provide limited access to the law enforcement official LIMITED TO YOUR ACCOUNT AND CONTENT ONLY. YOU ARE NOT AUTHORIZED TO PERMIT OR ENABLE AN OPEN ACCESS TO THE FAD SITE(S) IN ITS TOTALITY. You must inform Us and get Our permission before you authorize access and provide access. Permitting or enabling Access (including viewing) to Content of FAD Site(s) beyond Your own Content is a breach of the Term of Service of this Agreement.
IF WE BELIVE THAT THE LAW REQUIRES US TO DO SO, WE WILL SHARE YOUR OR, AN AUTHORIZED USER’S, OR A THIRD PARTY’SPERSONAL INFORMATION, CONFIDENTIALINFORMATION, COMMUNICATIONS AND CONTENT IN COMPLIANCE WITH LAW ENFORCEMENT, REGULATORS, COURT ORDERS, SEARCH WARRANTS, SUBPOENAS, REGULATIONS, STATUES AND SIMILAR OFFICIALS AND REQUESTS WITHIN THE UNITED STATES OR INTERNATIONALLY, IN PARTICULAR TO PREVENT OR ADDRESS ACTUAL OR POTENTIAL HARM OR ILEGAL 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.
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) AND
    • A NONREFUNDABLE RECORD SEARCH FEE OF ONE HUNDRED AND TWENTY-FIVE DOLLARS (US$125.00) 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 FOURDOLLARS (US $4.00) PER EACH PAGE COPIED. ALL SEARCH RESULT CONTENT AND DOCUMENTS WILL BE UNDER THE OFFICIAL SEAL OF FAD AND WILL ONLY BE FURNISHED BY MAIL, IN PAPER FORMAT ONLY.
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. (PLEASE INFORM US AND BE SURE TO OBTAIN A CONFIRMATION RESPONSE FROM US SO THAT WE WILL BE AWARE OF YOUR REQUEST BEING MAILED TO US SO THAT WE ARE ALERT OF RECEIVING YOUR REQUEST. AND IN YOUR NOTICE, PLEASE TELL US YOUR E-MAIL ADDRESS, BEST CONTACT PHONE NUMBER, MAILING ADDRESS AND THE TRACKING NUMBER OF YOUR MAIL SO THAT WE CAN TRACK YOUR MAILED DOCUMENT AND CAN CONTACT YOU IN THE EVENT OF ANY MAILING OR OTHER PROBLEMS).
You acknowledge, agree and consent that FAD may, but is not obligated to investigate Your use of the FAD Site(s), to determine Your compliance with the Terms of Service of this Agreement and any of its amendments in response to any (including without limitation) subpoena, court order or any other legal process, any claims of violation of safety or property rights of any other Member, authorized user, individual or entity. You acknowledge and agree that in the event You are required to present Yourself to relevant authorities, You will do so at Your own expense, and 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 FAD Site(s). 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 FAD Site(s). 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 (EMERGENCY PHONE NUMBER) IMMEDIATELY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR OR 911 (EMERGENCY PHONE NUMBER) OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
You certify, agree and affirm that You will not falsely represent Your identity, impersonate any other person or entity or Communicate any false or misleading Content whether on, or through FAD Site(s) to Members, authorized user or any other party. You understand and agree that We are solely a passive conduit for Your Content and You take full responsibility for all Content You Communicate on, or through FAD Site(s).
You agree that You will not Communicate any privileged, confidential, private or personal information of any other Member, authorized user, third party or entity without first obtaining their full written consent.
You agree that You will not harass or stalk anyone (Member or authorized user or otherwise) or contact anyone (Member, authorized user or otherwise) that has asked not to be contacted.
FAD does not guarantee the availability or accept any responsibility for the suitability, of any of the Site(s), 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, using or in any way Communicating with or through the FAD Site(s) or any of its Content. You agree that You will not access, use or Communicate with or through the FAD Site(s) or any of its Content 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(S) 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 AGREE THAT YOU WILL NOT IN ANY WAY COMMUNICATE ANY CONTENT, ON, THROUGH, FROM OR IN CONNECTION WITH THE FAD SITE(S) OR CREATE A USERNAME FOR YOUR ACCOUNT,THAT IS OR MAY BE (INCLUDING BUT NOT LIMITED TO): a) defamatory, abusive, profane, threatening, offensive, bullying, harassing, libelous, slanderous, harmful, degrading, intimidating, hateful, criminal, tortious, or humiliating, b) in any way in violation of privacy, publicity, proprietary (tangible or intangible rights), or confidentiality rights and obligations, c) a risk of death, physical, mental or emotional harm to persons, minors, or animals, d) discriminatory on the basis of race, religion, ethnicity, sexual orientation, gender, age or disability, e) unlawful or in violation of contractual, administrative, equitable, criminal, civil, local, state, federal or international laws, f) in violation or breach of fiduciary, contractual, trade secret, trade information, insider information or confidentiality obligations or rights, g) in any way knowingly incorrect, inaccurate, outdated or misleading, h) false or misleading information about voting locations, laws, requirements, procedures to participate, times& locations, results, police presence, faulty equipment, faulty processing techniques, possible or actual disruptions, tallying, and the similar, i) intimidation or misinformation about voting or other civic process so as to prevent participation or trust in the process or its results, j) 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). Whether educational or otherwise, no depiction of the genitalia is permitted. i) soliciting gambling or engaging in any gambling activity, j) supporting, promoting or soliciting involvement, in support of or against a political platform, religion, cult or sect., k) any other illegal act or omission, or l) in our sole discretion otherwise objectionable.
You agree that You will not illegally Communicate any Content protected by copyright, trademark, service mark, trade secret, trade dress, patent or other proprietary laws without Our permission and 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 obtained the correct authorization from Us and the proper owner of that intellectual property for its use.
We want Our Site(s) to be a place where Our Members and authorized users feel welcome to express themselves, engage in 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(s) 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(s), any Member, authorized user or any other third party or entity. You agree and affirm that You will not use the FAD Site(s) 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, information, documents or data of the FAD Site(s) or any Member, authorized user, or other party or entity’s, computer, digital or electronic hardware, software, system, device, Content, Communications, means of Communication, or any other infrastructure and medium.
You agree and affirm that You will not Yourself or facilitate any other person or entity to (including without limitation) reverse engineer, simulate, imitate, plagiarize, extract, copy or reproduce, create derivative works from the FAD Site(s), Content or Communications, or in any other manner (including without limitation), manipulate or duplicate, derive any source code, module, metrics, scripts or any other aspect of the FAD Site(s).
You agree not to, (a) copy, adapt derivative works of, decompile, reverse engineer, translate, localize, port or modify Our App, API, any FAD Site(s) codes, or any software used to provide FAD Site(s), (b) publish, distribute, license, sublicense, assign, transfer, or otherwise make available FAD Site(s) or Our application programming interface (API), (c) combine or integrate the FAD Site(s) or the API with any software technology, service, or material not authorized by Us, (d) compromise the operation, integrity, or security of the FAD Site(s), (e) cause harm or liability to an authorized user, Member or third party, (f) compromise an investigation or violate the legal enforcement authority’s order, (g) circumvent any functionality that controls access to or otherwise protects the FAD Site(s) or the API, in any manner or for any purpose that infringes, misappropriates, or otherwise violates Our intellectual property rights or that violates any applicable law.
You acknowledge and agree 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(s), Members, authorized users or other party.
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(s).
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(s) to post or to cause the posting of Content for their own purposes or on behalf of Members, authorized users or any other party. Members are prohibited from using any form of computer program or automated device that causes the submission of bulk 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 and abuse, such as spam, malware, and illegal Content.
FAD Site(s) 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(s) and any of its Communications and Contents, to Your individual personal use or, to Communicate among other current FAD Site(s) Members and authorized users. You must first obtain the prior specific written permission of FAD if you would like to use, extract or Communicate any of the FAD Site(s) Communications or Content with any other person or entity and for any other purpose than that You have agreed to in this Agreement.
One goal of the FAD Site(s) is to make available to FAD Members and authorized users of each profession 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 subject matter. 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, and
  • that they are or were in fact a legally recognized member of the profession they claim, and
  • that 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(s), You are agreeing to abide by the Terms of Service of this Agreement. Failure to comply with the Terms of Service of this Agreement may result in the immediate elimination of the offending Member’s Membership Account and license and, the authorized user’s license to use Our Site(s) or any future access to the FAD Site(s), Content and/or Communications. FAD Site(s) is a private platform and Membership and Participation in FAD Site(s) is a privilege and not guaranteed in any manner.
FAD reserves the right to: (a) immediately and with or without cause, notice and/or any further access, suspend, deactivate, terminate, remove, limit and/or block Your membership, Account License, Content, Communications, and/or participation in, use of, or access to the FAD Site(s) in whole or in part either permanently or temporarily (b) block Your IP address (including without limitation), remove, discard or modify any and all of Your Account, membership, information, Content and Communications in any way relating to You at any time from Our Site without any cause, notice and/or any further access by You; accordingly, you may relinquish some or your first amendment rights by joining Our Site(s). FAD does not warrant that after we deactivate, suspend, terminate, modify, remove, limit and/or block Your membership, Username, Account, Content, Communications, and/or participation in, use of, or access to the FAD Site(s), 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(s) will be retained or not in any form or location by FAD or its Site(s) or by any of its Members, authorized users or any third party. However, 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 third party that had lawful access to it when it was available.
You can delete Your Content individually or all at once by deleting Your Account. You can download a copy of Your Content at any time before deleting Your Content or Account. Please know that when You delete Your Content, it may no longer be Visible to other Members, but it can continue to exist elsewhere on Our systems where immediate deletion or deletion at all is not possible due to technical limitations. Also, remember that Your Content may have been viewed and used by other Members, authorized users and other parties in accordance with this Agreement, where it may continue to exist and over which we do not have control. We may also need to maintain Your Content to comply with legal obligations, such as preservation for evidence purposes, or to comply with a request of judicial, administrative, law enforcement and governmental agencies; or to investigate or identify illegal activity; or avoid harm to any Member, authorized user, FAD or Our subsidiaries, partners or affiliates, or a third party; or avoid violations of Our Terms of Service; and/or protect the integrity or operation of FAD and its Site(s).
You acknowledge that by accessing FAD Site(s), there may be inaccurate, offensive, indecent, misleading or any other direct or indirect potentially disagreeable Content that You may be exposed to. It is the exclusive responsibility of each and every Member, or authorized user to exercise professional judgment in their Content and Communications and to conduct due diligence and verify that all their own Content & Communication is: (including without limitation) reliable, accurate, complete, error free, virus free, up-to-date, inoffensiveness, decent, trustworthy, honest, non-discriminatory, not disagreeable, not threatening of an individual or group, not inciting or glorifying violence and not encouraging breach of law, before Communicating it with their fellow FAD Site(s) 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 but not limited to) reliable, accurate, complete, error free, virus free, up-to-date, inoffensiveness, decent, trustworthy, honest, non-discriminatory, not disagreeable, not threatening of 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(s), before relying upon, implementing, Communicating or in any way sharing same. The violation of this obligation and responsibility is a breach of the Terms of Service of this Agreement. We cannot control the conduct, Communications or Content of Members or authorized users on or off of Our Site(s). 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(s) will be: (including and without limitation) secure, timely, accurate, complete, functional, virus free, uninterrupted, available as to operation, error free, current, inoffensive, lawful, trustworthy, decent, non-discriminatory, appropriate, agreeable, safe, reliable, or unobjectionable, 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 FAD Site(s) may be offered an exclusive Web page(s) that may be accessible by the general public, where they may publish their own information, biography, profile, Content, services, and products. It is the exclusive responsibility of each and every Member and authorized user to exercise professional judgment and ensure that their conduct, Content and Communications are in no manner (including and without limitation) 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, sexual orientation, gender, age or disability, and/or in any way unlawful, seditious, or in violation of local, state, federal or international laws. You agree that You will not: falsely represent Your identity, 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 Web page(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 Web page(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, sexual orientation, gender, age or disability, 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(s).You agree that FAD is a PRIVATE platform, designated for its Members and authorized users only and reserves the right to refuse any prospective Member or user, and/or dismiss any current Member or authorized user from the its Site(s), without cause or notice, at any time.
Each Member and authorized user agree that they shall not under any circumstances create links to the FAD Site(s) or make available to non-members any Content and Communications from the FAD Site(s) that is intended for the exclusive use and access of the current Members and authorized user of the Site(s) on the FAD Site(s) only, and not for general public access or viewing.
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. You understand and agree that You shall be solely responsible and liable for the Content You Communicate. You understand and agree that We are solely a passive conduit for Your Content.
Please know that although We are always glad to receive Your input, feedback, comments, ideas, improvements, contributions, or any other suggestions & Content, We ask that You please not be discouraged if they are not utilized. You agree that all input, feedback, comments, ideas, improvements, contributions, or any other suggestions and Content, Communicated by You to Us or through FAD Site(s), 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 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, 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 that although You continue to own whatever rights You have on the suggestions, feedback, comments, ideas, improvements, contribution or any other Content, Communications or undertakings (including Your name, likeness and voice) You Communicate on or through the FAD Site(s) or to Us directly, You understand and agree that 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 and non-exclusive right, license and sublicense, to Communicate, translate in any language or format, publish, modify, reproduce, distribute, transmit, make derivative works of, publicly perform or display, as We see fit, without 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(s).
You understand that Communicating, posting or publishing or in any way disclosing Your Content on FAD Site(s) does not substitute for registration of copyrights 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(s). FAD Site(s), Content, Communications and means of Communication are, the copyright, patent, trademark, trade secrets, trade dress, service mark, proprietary rights and confidential information of FAD and its Site(s), protected by United States laws, (including but not limited to) 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(s), 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(s) 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(s) 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 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 any FAD Site(s) Content. Use of FAD Site(s) 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 pledge that 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, disable or remove that username or login name. You acknowledge and agree that You will not create more than one Account under each of Your professions with the FAD Site(s). 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(s) 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(s) Communications and Content to the FAD Site(s) ONLY. Content and Communications on the FAD Site(s), including and not in any way limited to a list of Our Members or authorized users or their information, must remain on the Site(s), 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 use or otherwise any of its Content or Communications outside of the FAD Site(s).
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(s) 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.
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(s), Members or authorized users, unless you first obtain the prior specific, written authorization of FAD.
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 as parents and guardians, take proper precautions and prevent access to Our Site(s) by Your children or wards. You acknowledge and agree that You will at all times be held 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 of 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, 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 of 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 user, Members or any third party, whether on, through or in connection with the FAD Site(s). FAD shall not in any way be responsible or liable to You or any authorized user or third 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 Communication and Content, in any way and at any time associated with You, or Communicated by You, Us, Members, authorized users or any third party, whether on, through or in connection with the FAD Site(s). Consequently, it is the SOLE RESPONSIBILITY of doctor Members and attorney Members to retain and keep confidential and secure all Communications they have with patients or potential patients and clients or potential clients.
You understand and agree that by using Our Site(s), You may gain status, reputation, fame and the like – however, such fame, status 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(s), 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 should know that We may need to change the Username for Your Account in certain circumstances.
ANY DEALINGS BETWEEN YOU AND ANY MEMBER OR THIRD PARTY WHETHER FOR PURCHASE, DELIVERY, PAYMENT, TERMS, CONDITIONS, WARRANTIES, REPRESENTATIONS OR ANYTHING ELSE, IS AT YOUR OWN RISK AND SOLELY BETWEEN YOU AND SAID MEMBER, AUTHORIZED USER OR THIRD 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/. For compliance with any and all laws and regulations, You should consult the advice of a competent attorney or other relevant professional) 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 third 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 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, 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, business interruption, or, 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 and/or negligence, however caused and under any theory of liability, whether in law or equity), and 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 third party. In the event of any disagreement, dispute or any other miscommunication between You and any Member, authorized user or third party, You acknowledge and agree that FAD, shall have no obligation to become engaged in or in any way intervene.
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 third party, that is in any manner related to Your actions, Communications, Content, use or misuse of the FAD Site(s), whether on, through or in connection with the FAD Site(s).
You acknowledge and agree that FAD may at any time set limits or amend the permissible quantity or quality of, Communications and Content storage it has available for each Member, authorized user or other party.
We cannot predict when issues might arise with FAD or its Site(s). Accordingly, Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will We be liable to You for any claim, liability, demand, cause of action, loss or damage of any kind (including but not limited to), a) for special, direct, indirect, compensatory, consequential, exemplary, punitive or incidental damages, b) for loss of use, data, programs, reputation, good will, property, opportunity, income, savings, profits, c) for proprietary or confidential information, privacy and/or any other tangible, intangible or pecuniary loss, d) for business interruption, e)for damage or injury to person or property, f) for cost of recovery, replacement, restoration, or mitigation of any harm, loss or damage, g) for 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 or the FAD Site(s).
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(s) 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(s), 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(S) 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, limit, transfer, suspend, modify, regulate, eliminate or discontinue the Site(s), any of its Content, or Your Account with the Site(s) at any time without notice or cause, and, FAD shall not be liable to You, any Member or authorized user, or any third party for such limitation, suspension, transfer, deletion, modification, or discontinuation of the FAD Site(s), its Content or Your Account.
YOU AGREE THAT REGARDLESS OF ANY STATUTE, LAW, CODE, REGULATION OR LEGAL PRECEDENCE TO THE CONTRARY:
A. IN NO EVENT SHALL FAD BE LIABLETO YOU, AN AUTHORIZED USER, OR ANY THIRD PARTY FOR ANY, AND
B. 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(1) SPECIAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OR, (2) LOSS OF: USE, DATA, PROGRAMS, REPUTATION, GOOD WILL, PROPERTY, OPPORTUNITY, INCOME, SAVINGS OR PROFITS, OR, (3) BREACH OF PRIVACY, PROPRIETARY OR CONFIDENTIAL INFORMATION, AND/OR ANY OTHER TANGIBLE, INTANGIBLE OR PECUNIARY LOSS, OR, (4) BUSINESS INTERRUPTION, OR, (5) DAMAGE OR INJURY TO ANY PERSON OR PROPERTY, OR (6) COST OF RECOVERY, REPLACEMENT OR RESTORATION, OR (7) MITIGATION OF ANY HARM, LOSS OR DAMAGE, OR (8) EXPENSES, ATTORNEYS FEES AND COSTS, OR (9) FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH, 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 THIRD PARTY, DUE TO OR ARISING OUT OF:
i) ANY FAILURE OF THE FAD SITE(S), 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, INOFFENSIVE, TRUSTWORTHY, DECENT, NON-DISCRIMINATORY, AGREEABLE, SAFE, UNALTERED AS TO CONTENT, COMMUNICATION, COMPONENTS, PARTS OR RELATED FEATURES & SERVICES, AND RELIABLE, WHETHER CAUSED OR COMMUNICATED BY FAD OR ANY OF ITS MEMBERS, AUTHORIZED USERS OR 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 OR ANY THIRD PARTY IN ANY CIRCUMSTANCE 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 REGARDLESS OF ANY STATUTE, LAW, CODE, REGULATION OR LEGAL PRECEDENCE TO THE CONTRARY:
A. FAD MAY ENGAGE IN LEGAL ACTION AGAINST YOU FOR ANY, AND
B. YOU WILL DEFEND, INDEMNIFY AND HOLD FAD HARMLESS FROM ANY, AND
C. YOU WILL USE GOOD FAITH EFFORTS TO PREVENT EXPOSING FAD OR ITS SITE(S) TO ANY:
CLAIM, LIABILITY, CRITICISM, DEMAND, CAUSE OF ACTION, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITEDTO (1) SPECIAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OR, (2) LOSS OF: USE, DATA, PROGRAMS, REPUTATION, GOOD WILL, PROPERTY, OPPORTUNITY, INCOME, SAVINGS OR PROFITS, OR, (3) BREACH OF PRIVACY, PROPRIETARY OR CONFIDENTIAL INFORMATION, AND/OR ANY OTHER TANGIBLE, INTANGIBLE OR PECUNIARY LOSS,OR, (4) BUSINESS INTERRUPTION, OR, (5) DAMAGE OR INJURY TO ANY PERSON OR PROPERTY, OR (6) COST OF RECOVERY, REPLACEMENT OR RESTORATION, OR (7) MITIGATION OF ANY HARM, LOSS OR DAMAGE, OR(8) EXPENSES, ATTORNEYS FEES AND COSTS, OR (9) FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH, 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 THIRD PARTY, DUE TO OR ARISING OUT OF:
(1) ANY COMMUNICATION, OPINION, INFORMATION OR CONTENT, IN ANY WAY COMMUNICATED, ANYWHERE ON THE FAD SITE(S) BY YOU, SUGGESTING THAT IT CONVEYS THE OPINION, ENDORSEMENT, CONTENT OR COMMUNICATION OF FAD OR ITS SITE(S), OR
(2) ANY HARM CAUSED TO FAD, ITS SITE(S), 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 SITE(S), YOUR CONDUCT, ACTIONS, FAILURE TO ACT, AND YOUR COMMUNICATIONS AND CONTENT, WHETHER ON, THROUGH OR IN CONNECTION WITH OUR SITE. (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(S));
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 OR ANY THIRD PARTY IN ANY CIRCUMSTANCE 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.
FAD DOES NOT MAKE ANY WARRANTIES ABOUT THE ABILITY OF THE FAD SITE(S) TO MEET YOUR NEEDS, OR THAT THERE WILL NOT BE UNAUTHORIZED ACCESS TO OR USE OF THE FAD SITE(S), OR THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE FAD SITE(S). 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, AN AUTHORIZED USER, OR ANY THIRD PARTY IN ANY CIRCUMSTANCE 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(S) 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(1) SPECIAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OR, (2) LOSS OF: USE, DATA, PROGRAMS, REPUTATION, GOOD WILL, PROPERTY, OPPORTUNITY, INCOME, SAVINGS OR PROFITS, OR, (3) BREACH OF PRIVACY, PROPRIETARY OR CONFIDENTIAL INFORMATION, AND/OR ANY OTHER TANGIBLE, INTANGIBLE OR PECUNIARY LOSS, OR, (4) BUSINESS INTERRUPTION, OR, (5) DAMAGE OR INJURY TO PERSON OR PROPERTY, OR (6) COST OF RECOVERY, REPLACEMENT OR RESTORATION, OR (7) MITIGATION OF ANY HARM, LOSS OR DAMAGE, OR (8) EXPENSES, ATTORNEYS FEES AND COSTS, OR (9) FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH, 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(S), ANY OF ITS MEMBERS, AUTHORIZED USERS OR ANY OTHER PARTY, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED,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. FAD’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USER OR ANY THIRD PARTY IN ANY CIRCUMSTANCE 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 as fully as reasonably required in the defense of any claim, liability, demand, or cause of action against FAD. FAD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
You acknowledge, understand and agree that FAD does not warranty that any defects on its Site(s) 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(1) SPECIAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OR, (2) LOSS OF: USE, DATA, PROGRAMS, REPUTATION, GOOD WILL, PROPERTY, OPPORTUNITY, INCOME, SAVINGS OR PROFITS, OR, (3) BREACH OF PRIVACY, PROPRIETARY OR CONFIDENTIAL INFORMATION, AND/OR ANY OTHER TANGIBLE, INTANGIBLE OR PECUNIARY LOSS, OR, (4) BUSINESS INTERRUPTION, OR, (5) DAMAGE OR INJURY TO PERSON OR PROPERTY, OR (6) COST OF RECOVERY, REPLACEMENT OR RESTORATION, OR (7) MITIGATION OF ANY HARM, LOSS OR DAMAGE, OR (8) EXPENSES, ATTORNEYS FEES AND COSTS, OR (9) FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH, 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 THIRD 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 OR ANY THIRD PARTY IN ANY CIRCUMSTANCE 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.
The inclusion of ANY Content or Communication whatsoever on the FAD Site(s), whether Communicated by or through a Members, authorized users or any other party shall in no way be construed and does not imply, that FAD or its Site(s) 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, 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(s) 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(s) by any Members, authorized users or any other party.
For Your convenience, FAD may Communicate Content, (including but not limited to) 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 the FAD Site(s). 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 (including but not limited to) advertisements, links, hyperlinks, pop-ups, websites, web pages, v-card, e-mails, addresses, locations, contacts to any other party, person, entity, site or location they visit or Communicate with. You agree that Your Such 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.

DISPUTES–ARBITRATION

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 have sixty (60) days from the receipt of Your written notice within which to informally resolve Your dispute or claim. Any settlement offer made by You or Us shall not be disclosed to the arbitrator if arbitration takes place.
In the unlikely event that FAD has 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, FADSITE(S), THIS AGREEMENT, OR THE BREACH, ALLEGED BREACH, FORMATION, UNCONSCIONABILITY, ENFORCEABILITY, APPLICABILITY, VALIDITY, BINDING EFFECT, INTERPRETATION,PERFORMANCE, AMENDMENTS, OR TERMINATIONOF 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.
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(s) 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, 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 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 CONOSLIDATION 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 third 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 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.
You must give Us notice of Your Claim or dispute and of Your intent to file for arbitration proceedings. To give Us notice of Your Claim or dispute OR of Your intent to file for arbitration proceedings, You must send Us:
(1) a signed and dated detailed description of the nature and basis of Your Claim or dispute,
(2) the specific relief You are asking,
(3) Your FAD Site(s) Username,
(4) how We can contact You via Your email address, Your phone number, as well as Your physical address where You can be reached, and
(5) whether this is Your notice of request for arbitration (Only After attempts at informal resolution has failed).
(6) You must mail Us Your written notice by United States Postal Service certified mail with return receipt required or FedEx, UPS or DHL with signature required.
The binding arbitration will be administered by the International Court of Arbitration of the International Chamber of Commerce (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 physical address We have for You in association with Your FAD Site(s) Account.
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 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 and expenses associated with the arbitration paid by Us.
All documents and information disclosed in the course of You and Our initial informal attempt to resolve any 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 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. Neither You, Us, the arbitrator or the ICC shall make any public announcement or public comment or originate any publicity concerning the dispute, arbitration, including but not limited to, the fact that the parties are in dispute, the existence of the arbitration, the claims in arbitration, or any decision or award of the arbitrator.
These arbitration provisions will survive termination of this Terms of Service Agreement and all of its Amendments.
IF YOU ARE A NEW MEMBER OR NEW AUTHORIZED USER OF THE FAD SITE(S), 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 IS THE ONLY WAY YOU CAN OPT-OUT OF THE AGREEMENT TO ARBITRATE.
TO NOTIFY US OF YOUR INTENT TO OPT-OUT OF THE ARBITRATION PROVISION OF THIS AGREEMENT YOU MUST DO THE FOLLOWING: (1) 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. AND,
(2) YOUR NOTICE MUST CONTAIN YOUR NAME, USERNAME, EMAIL ADDRESS YOU USED TO SET UP YOUR FAD SITE(S) 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. AND,
(3) YOU MUST MAIL US YOUR OPT-OUT NOTICE BY UNITED STATES POSTAL SERVICE CERTIFIED MAIL WITH RETURN RECEIPT REQUIRED OR FedEx or UPS or DHL WITH SIGNATURE REQUIRED.

DEADLINE TO FILE A COMPLAINT OR CLAIM

Regardless of any statute or law to the contrary, any claim, demand, dispute, or cause of action against FAD by any Member, authorized user or any third party arising out of or related to the use or misuse of the FAD Site(s), 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 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 TEXT, GRAPHICS, IMAGES AND INFORMATION, CONTAINED ON OR AVAILABLE THROUGH THE FAD SITE(S) IS FOR GENERAL INFORMATION PURPOSES ONLY.FAD makes no representation and assumes no responsibility for the accuracy of information contained on or available through the FAD Site(s), and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through the FAD Site(s) 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 THIS SITE.
FAD does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through the FAD Site(s).
FAD is not responsible nor liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through the FAD Site(S).b
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THIS SITE FOR IMMEDIATE, URGENT MEDICAL NEEDS. THIS SITE IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES.
This Site may contain health or medical related materials or discussions regarding sexually explicit disease states. If you find these materials offensive, you may not want to use Our Site.
The FAD Site(s) and its Content are provided on an "as is" basis and assumes no duty to correct or update the Site nor to resolve or clarify any inconsistent information that might be a part of the Site.
Use of FAD Site(s) does not establish a doctor–patient relationship.
You assume full responsibility for using the information on this 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(s) to other websites are only for the 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 product or service that may be available through such external websites.
Among other things, FAD Site(s) provides an online directory (“Directory”) designed to connect Members and authorized users with health care providers in their area. All information in the Directory are 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 the Member or authorized user. FAD makes no guarantee that providers listed in the Directory are licensed, that the information listed is correct or current, or that providers have expertise. FAD makes no recommendation or endorsements of any healthcare provider listed in the Directory.

LEGAL INFORMATION ON THE SITE

THE CONTENT IN THIS 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 providers have expertise. FAD makes no recommendation or endorsements of any attorney listed in the Directory.
Communication of information by, in, to, or the through FAD Site(s) and Your receipt or use of the information is (1)not provided in the course attorney-client relationship and does not create or constitute an attorney-client relationship, (2) not intended as a solicitation, (3) not intended to convey or constitute legal advice, and (4) not a substitute for obtaining legal advice from a qualified attorney.
Use of, and access to FAD Site(s) 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 employers. You should not rely upon the transmission of an e-mail message to an attorney through this Site to create an attorney-client relationship. The hiring of an attorney is an important decision that should not be based solely upon website communications or advertisements. You should not act or refrain from acting on the basis of information on this 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 herein – and Your 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 on this 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.
This Site is not intended as advertising or solicitation in any jurisdiction where the Site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction.
Visiting Our Site and sending emails constitute electronic communications. By posting any user-generated Content to the 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 Our Site(s), 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(s) 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(s).

MOBILE SOFTWARE FROM iTunes

The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and FAD, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to FAD as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the iTunes-Sourced Software or Your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to FAD as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or Your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, FAD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and FAD acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon Your acceptance of the Terms of Service of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to Your license of the iTunes-Sourced Software against You as a third party beneficiary thereof.

MOBILE SOFTWARE FROM GOOGLE PLAY STORE

The following applies to any Mobile Applications You acquire from the Google Play Store (“Google-Sourced Software”): (i) You acknowledge that the Agreement is between You and FAD only, and not with Google, Inc. (“Google”); (ii) Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where You obtained the Google-Sourced Software; (iv) FAD, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to You with respect to Google-Sourced Software or this Agreement; and (vi) You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to FAD Google-Sourced Software.

DMCA NOTICE

If you believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify FAD copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the material that is being infringed;
3. Information of where it is located on the FAD Site(s) with sufficient detail so that We can find and verify it;
4. Your contact information, including your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material complained of in the manner asserted is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information provided is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
For All Doctors, Inc.
Contact page.
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 For All Doctors, Inc. 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.

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 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 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(s) 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(s), 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(s) 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(s) in any country or in any manner prohibited by any applicable laws or restrictions.
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(s) ends, to the extent relevant, the terms of this Agreement shall continue to apply to You.
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 of Service 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.
This Agreement is not for any third-party beneficiary and does not confer any third-party beneficiary rights. Any rights and licenses granted hereunder, may not be transferred or assigned by You.
We may assign, transfer, or otherwise allocate 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.
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.
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.
Any notice to FAD must be sent to FAD contact page.
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.

DEFINITIONS:

  • Site/FAD Site(s)/ForAllDoctors.com/ForAllDoctors.com Site(s): Includes but is not limited to, Our URL, websites, IP addresses, servers, databases, web pages, e-mail addresses, domain names, domain addresses, registrations, structures, modules, metrics, scripts, coding, technology, programs, versions, designs, architecture, frame works, appearance, look & feel, expression, logo, logo colors, color combination, compilation, specifications, icons, illustrations, data, layouts, interfaces, metadata, specifications, icons, software, hypertexts, hyperlinks, links, graphics, multimedia, logos, marks, emblems, scripts, organization, documents, applications, languages (including programming, markup and style sheets), products, services, discussion boards, bulletin boards, forums, tag boards, listings, directories, postings, advertisings, classifieds, personals, catalogues, rosters, groups, news groups, message boards, blogs, chat rooms, message boxes, tag boards, image boards, and, including without limitation, all other such similar identifiable section, or means and modules of communication regardless of whether in electronic or digital format, and, all Content of Ours (Content as defined in this Agreement).
  • Member/You/Your: Includes registered professionals authorized by FAD to access the FAD Site(s), registered user or subscriber, person, organization, company, entity, visitor, and any other entities and individuals authorized to access the FAD Site(s) for predefined purposes set forth by FAD.
  • 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, staff, licensors, service providers, contractors, suppliers and other such similar entities and individuals.
  • Content: Includes but is not limited to, data, communications, correspondences, e-mails, classifieds listings, forums discussions, personals listings, blog posts, documents, 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, image boards, structures, modules, metrics, coding, technology, programs, designs, architecture, frame works, appearance, layouts, interfaces, audios, images, photographs, software, hypertexts, hyperlinks, links, video clips, animations, graphics, multimedia, logos, marks, emblems, scripts, organization, applications, languages (including programming, markup and style sheets), products, services and, including without limitation, all other such similar Content (as defined herein), identifiable section, or means and modules, regardless of whether in electronic or digital format or not.
  • Communicate/Communication/Communicating/Communicated: Include, to e-mail, correspond, contact, display, publish, post, distribute, broadcast, transmit, call, convey, upload, download, send, declare, produce, reproduce, duplicate, disseminate, suggest, imply, advocate, link, hyperlink, print, relicense, sell, advise, offer, write, relay, say, inform, direct, offer, advertise, circulate, make available, make visible, present, exhibit, demonstrate, show, illustrate and other such similar means regardless of whether in electronic or digital format or not.
  • Account: Consist of a Member’s or other authorized user’s username or login and password or pass code, or an authorized means of accessing the FAD Site(s).
  • Agreement/Terms of Service: Includes but is 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.
As of 7-3-2021