TELEHEALTH SERVICES TERMS OF USE

Last Updated: 12/23/2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO FIBROMYAGLIA CARE SOCIETY OF AMERICAN (“FCSA”) AND, TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE TELEHEALTH SERVICES (“TELEHEALTH SERVICES”).

1. ACCEPTANCE OF TERMS

These Telehealth Services Terms of Use, which include our Privacy Statement Terms, state the terms and conditions under which you may use our Telehealth Services. By accessing, browsing and/or using the Telehealth Services you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not accept these Terms (and therefore do not agree to be bound by these Terms), do not use the Telehealth Services. We reserve the right to amend these Terms at any time by posting the amended terms on our Telehealth Services. You should therefore check this page and our Privacy Statement page regularly. Your use of our Telehealth Services following any such change constitutes your agreement to follow and be bound by the Terms as changed.

2. INTELLECTUAL PROPERTY RIGHTS

Except where otherwise noted, all material, content, data and any other information of the Telehealth Services, including all software, interfaces, design, organization and all database rights therein, are owned by FCSA or by entities or individuals other than FCSA and are legally protected under intellectual property laws (“Content”). The product names and trademarks used in the Telehealth Services are the registered and/or unregistered marks of FCSA or its licensors ("Trademarks"). Except as expressly authorized in the Acceptable Use section below, you may not copy or use any Content or Trademarks in any way.

3. COPYRIGHT COMPLAINTS

We respect the rights of the intellectual property of others, and we ask users of our Telehealth Services to do the same. We may, in appropriate circumstances and in our discretion, take steps to disable and/or terminate access to the Telehealth Services by individuals or entities whom we believe have infringed intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:

FIBROMYALGIA CARE SOCIETY OF AMERICA (“FCSA”)

Phone: 973-954-5647

Email: info@fibro.org

4. EQUIPMENT

Telehealth Services consists of an application or a series of applications that will allow you to use your computer or mobile device to meet with others who are located at a distant site through videoconference, such as to meet with a FCSA consultant (“FCSA Consultant”) or to participate in community meetings with other FCSA customers (“Community Circles”). Your computer or mobile device must meet the requirements necessary to engage with the Telehealth Services, and you may be required to download one or more applications either from your mobile device or through your computer in order to use the Telehealth Services.

If you are accessing the Telehealth Services to purchase or use a FCSA product or service, you agree to the use of the Telehealth Services to access and/or use the product or services that you have purchased or are purchasing. We reserve the right to refuse or cancel your Telehealth Services appointment at any time for reasons including but not limited to availability of product or services, errors in the description of the product or service, scheduling changes, compliance with laws and other reasons.

5. REGISTRATION

You will be required to register for the Telehealth Services in order to use the Telehealth Services. When you register to use the Telehealth Services, you represent that you are age 18 or older, and that the information that you provide us is accurate, complete and current at all times. Any information that is inaccurate, incomplete or out of date may result in immediate termination or suspension of your use of the Telehealth Services or any telehealth appointments you have scheduled. You are responsible for maintaining the confidentiality of the information you have entered, including but not limited to the restriction of access to your computer and to your account. You agree to accept responsibility for all activities or actions that occur under your account or password, whether your password is with our service or a third-party service provider. You must notify us immediately in the event that you become aware of a breach of security or unauthorized use of your account. We reserve the right to refuse, restrict or cancel your Telehealth Services account in whole or in part in the event that in the sole discretion of FCSA you do not comply with the provisions of this section or compliance with laws and other reasons.

6. ACCEPTABLE USE OF TELEHEALTH SERVICES

We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to access and use our Content and our Telehealth Services. You represent, warrant and agree that you will use the Content and Telehealth Services only for its intended purpose and will not use any of our Content or Telehealth Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. Without limitation, you may not do, and may not authorize or allow any third party to do, any of the following:

misuse the Telehealth Services or use it for a purpose other than your scheduled appointment or meeting;
log on repeatedly at times when you do not have an appointment scheduled;
use your Telehealth Services appointment for someone other than the person for whom the appointment has been made;
transmit to or from Telehealth Services any unlawful, defamatory, obscene or other information or material that would violate any applicable law or violate or infringe upon the rights of any other person; or
disrupt, interfere or otherwise attempt to interfere with the proper functioning or use of the Telehealth Services or FCSA’s operations.
record or photograph any Telehealth Services or any participants in any form whatsoever, including without limitation by screenshot, photograph, audio recording, digital recording, video recording or any other form of the foregoing

In the event that you violate the terms of this provision or these Terms or the Privacy Statement , FCSA in its sole discretion, and in addition to any other rights it may have in law or equity, may disable your account and immediately without notice terminate your use of the Telehealth Services.

Additional Requirements for Community Circles. If you accessing the Telehealth Services to participate in a Community Discussion Room, you agree that (a) you will keep such discussions confidential, (a) you will not allow third parties to overhear any of the discussions in the Community Discussion Room or to do any of the foregoing activities, and (c) that you will use any equipment to participate that is provided to you by FCSA, including without limitation any headphones or other equipment that will restrict the ability to third parties to hear the discussions of the group. We reserve the right to refuse or cancel your Telehealth Services account or restrict your ability to participate in the Community Discussion Room in the event that in the sole discretion of FCSA you do not comply with the provisions of this section or compliance with laws and other reasons.

7. USE OF PERSONALLY IDENTIFIABLE INFORMATION

Your privacy is important to us. Our use of your information is governed by our Privacy Statement . Please read it carefully since it is describes how we collect and use information we obtain from you.

8. DISCLAIMER OF WARRANTIES

THE TELEHEALTH SERVICES ARE PROVIDED ON AN 'AS IS' AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FCSA AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE LICENSORS, SUPPLIERS, SHAREHOLDERS, PARTNERS, PROPRIETORS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE "THE FCSA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR THAT THE TELEHEALTH SYSTEM WILL MEET YOUR REQUIREMENTS. THE FCSA PARTES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE TELEHEALTH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE FCSA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR MATERIALS IN THE TELEHEALTH SERVICES OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT THE FCSA PARTIES) EXPRESSLY ASSUME THE ENTIRE RISK OF MAINTENCE, REPAIR AND OPERATION OF THE TELEHEALTH SYSTEM.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE ON THE PART OF THE FCSA PARTIES, SHALL THE FCSA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, TELEHEALTH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR ALLEGED TO ARISE OR BE CAUSE BY IN CONNECTION WITH, WITHOUT LIMITATION: (A) YOUR USE OF THE TELEHEALTH SYSTEM OR RELIANCE THEREON OR ANY INFORMATION USED OR COLLECTED ABOUT YOU ON OR THROUGH THE TELEHEALTH SYSTEM, OR (B) THE USE OF OR RELIANCE ON ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, (C) ANY INACCURACY, ERROR, OR DELAY IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION OR DELIVERY OF INFORMATION, AND ANY LOSS OR DAMAGE ARISING THEREFROM, (D) ANY NEGLIGENCE OF FCSA OR ITS AGENTS, OR ANY FORCE MAJEURE EVENT, UNAUTHORIZED ACCESS OR THEFT, OPERATOR ERRORS, COMMUNICATIONS OR SYSTEMS FAILURES OR ANY EVENT OUTSIDE OF THE CONTROL OF FCSA; (E) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE TELEHEALTH SYSTEM; OR (F) ANY OTHER MATTER RELATING TO THE TELEHEALTH SYSTEM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS THE FCSA PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM AMOUNT OF ONE THOUSAND DOLLARS ($1,000). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FCSA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF THE TELEHEALTH SERVICES, CONTENT, OTHER MATERIAL OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

10. INDEMNIFICATION

You agree to defend the FCSA Parties against all claims, proceedings, liabilities, demands, settlements or actions,including without limitation, reasonable legal and accounting fees, arising from or relating to your violation of these Terms (each a “Claim”) and you shall indemnify and hold FCSA Parties harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.

11. TERMINATION

We reserve the right in our sole discretion to terminate, suspend or restrict your access to and use of the Telehealth Services, or any part of the Telehealth Services, without notice and for any and all reasons, and without any liability whatsoever to you or any third party. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Telehealth Services. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded relating to the Telehealth Services, as well as any copies of such materials, whether made under the terms of these Terms or otherwise (if any).

12. USE OUTSIDE NEW JERSEY

FCSA is based in Montclair, New Jersey, in the United States of America. FCSA makes no claims that the Telehealth Services is appropriate or may be used outside of the State of New Jersey or outside of the United States. Access to the Content or the Telehealth Services may not be legal by certain persons or in certain states of the United States or countries. If you access the Telehealth Services from outside the State of New Jersey, or outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

13. GOVERNING LAW; SURVIVAL

These Terms are governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to the Telehealth Services or these Terms must be commenced within one (1) year after the claim or cause of action arose.

You expressly agree that exclusive jurisdiction for any dispute with FCSA, or in any way relating to your use of the Telehealth Services, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving FCSA or the FCSA Parties.

The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Entire Agreement.

14. ENTIRE AGREEMENT

These Terms, together with our Privacy Statement which is incorporated by reference constitute the entire agreement between you and FCSA and your use of Telehealth Services, and supersede any prior understanding or agreements (written or oral).

15. CONTACT INFORMATION

FIBROMYALGIA CARE SOCIETY OF AMERICA (FCSA)

40 South Fullerton Avenue, Montclair, NJ 07042

Phone: 973-954-5647

Email: info@fibro.org