WEBSITE TERMS OF USE

Last Updated: 12/23/2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH OUR PRIVACY POLICY, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE.

1. ACCEPTANCE OF TERMS

These Website Terms of Use, which include our Privacy Policy (“Terms”) state the terms and conditions under which you may use our website located at https://www.fibro.org/ including without limitation any internal pages therein (the “Website”) . By accessing, browsing and/or using the Website 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 any of the Services. We reserve the right to amend these Terms at any time by posting the amended terms on our Website. You should therefore check this page and our Privacy Policy page regularly. Your use of our Website 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 on the Website, including all 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”). You may not copy or use any Content in any way unless prior written consent is obtained from FCSA or the owner or in accordance with the rights granted in the Acceptable Use section below. The product names and trademarks on the Website, including without limitation Fibro, FCSA and The Caterpillar Walk® are the registered and/or unregistered marks of FCSA or its licensors (“Trademarks”). You may not use any of the Trademarks other than as expressly provided in the Acceptable Use section below.

3. COPYRIGHT COMPLAINTS

We respect the rights of the intellectual property of others, and we ask users of our Website to do the same. We may, in appropriate circumstances and in our discretion, take steps to disable and/or terminate access to any of our Website 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. ACCEPTABLE USE

We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to: (a) access and use our Content and our Website; (b) access, use, download, distribute and reproduce in electronic or hardcopy form Content that is expressly authorized for such purposes, and (c) to reproduce certain of our Trademarks that are expressly authorized for reproduction on our Website. You represent, warrant and agree that you will not use any of our Content or Website or any other materials for any purpose or in any manner that is prohibited by these Terms or by applicable law. Without limitation, you may not do the following: (a) send unsolicited commercial email to the email addresses provided on the Website; (b) post or transmit to or from the Website 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; (c) disrupt, interfere or attempt to interfere with the proper functioning of the Website, or (d) frame, mirror or display the contents of any part of any Website within any materials not originated by FCSA.

5. USER-PROVIDED CONTENT AND SUBMISSIONS

We welcome your feedback and suggestions about how to improve our Website and well as any other materials or content that you may provide to us. We have no obligation to accept or use any such materials or content nor do we have any obligation to keep it confidential. You shall retain ownership of any ideas, suggestions, information, know-how, photographs, videos, images, materials or any other material or content that you provide to us (“Submissions”) and all Submissions shall be deemed to include a royalty-free, perpetual, irrevocable worldwide nonexclusive right and license for FCSA and each user of our Website to access, use, publish, reproduce, disseminate, transmit, distribute, copy, create derivative works of, display (in whole or in part) and otherwise exploit the Submission without additional approval or consideration, in any form, media or technology now existing or later developed for the full term of any rights that may exist to the contrary, and you hereby waive all claims to the contrary. You represent and warrant that you have all rights to use such Submissions and to grant us the rights herein, and that all such Submissions comply with the provisions of these Terms and all applicable laws. You accept all risks relating to the submission of and use of the Submissions.

6. THIRD PARTY INFORMATION AND LINKS TO OTHER SITES

Our site may contain links to other resources and sites on the internet. FCSA has no control over such sites or resources and the content and use of these linked sites are the sole responsibility of such sites and their contributing authors. n the event that you purchase or access products and services though our Services that are provided by third parties, such third parties are solely responsible for the quality and delivery of their products and services and FCSA has no control over the quality or timing of delivery. FCSA provides such links for convenience only, and does not endorse any product or service linked to or referenced in our website. If you choose to access a third-party website linked or listed on any of our Website or order any products or services from such third party you do so entirely at your own risk.

Our Website may also contain information provided by third parties, including Submissions from other users. Such information does not necessarily represent the opinion of FCSA.

You may freely link to our homepage on our Website, although we reserve the right to rescind our consent to any such in our sole discretion, and to take any legal action we deem appropriate.

7. USE OF PERSONALLY IDENTIFIABLE INFORMATION

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

8. DISCLAIMER OF WARRANTIES

All Content, Submissions, posts, articles and messages that appear in our Website, including those provided by FCSA, are provided for general information purposes only. They do not represent individual medical advice, counsel concerning individual treatments or medical care, referrals to healthcare professionals, or any other recommendations. You should not rely on any information in the Content, Submissions or on the Website to replace consultations with your doctor and other qualified healthcare professionals regarding your individual health needs. Statements or opinions expressed by physicians and other independent authors reflect the views of each such individual and do not necessarily reflect the views or any official policy of FCSA.

THE WEBSITE AND ALL CONTENT AND SUBMISSIONS AND OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FCSA AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE LICENSORS, SHAREHOLDERS, PARTNERS, PROPRIETORS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE “THE FCSA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FCSA PARTES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE FCSA TELEHEALTH SYSTEM 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 FCSA TELEHEALTH SYSTEM OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR OTHERWISE.

9. ASSUMPTION OF RISK

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE CONTENT, SUBMISSIONS, THE WEBSITE OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AND YOUR USE AND THE PERFORMANCE THEREOF, WHETHER PROVIDED BY FCSA OR THIRD PARTIES, IS ASSUMED ENTIRELY AND SOLELY BY YOU.

10. LIMITATION OF LIABILITY

IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, SECURITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE. IN NO EVENT SHALL ANY OF THE FCSA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SUBMISSIONS, WEBSITE, OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR THIS AGREEMENT, 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 CONTENT, SUBMISSIONS OR WEBSITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, OR RELIANCE THEREON OR ANY INFORMATION USED OR COLLECTED ABOUT YOU ON OR THROUGH THE WEBSITE, 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 WEBSITE OR SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS THE FCSA PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED TWENTY DOLLARS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

11. INDEMNIFICATION

You agree to defend the FCSA Parties against all claims, proceedings, demands, or actions arising from or relating to your use of the Content, Submissions, Website, or other information provided on or through the Website or these Terms or your breach 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.

12. TERMINATION

We reserve the right in our sole discretion to terminate or restrict your access to and use of the Website, or any part of the Website, 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 Website. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded from any Website, as well as copies of such materials, whether made under the terms of these Terms or otherwise.

13. USE OUTSIDE OF NEW JERSEY

Our Website is intended for use in the State of New Jersey and the United States only, and we make no representation or warranty that our Website or its Content is suitable or authorized for use in other locations. If you access any of our Website from any other jurisdiction, including those outside of the United States, you do so entirely at your own risk and you understand and consent to the collection, storage, processing and transfer of your information by us, including to and from our third party contractors and business partners, as described in these Terms.

14. GOVERNING LAW

These Terms and the relationship between you and FCSA shall be governed by the law of the State of New Jersey and those of the United States without regard to any conflict of law rules. You and FCSA agree to submit to the exclusive and personal jurisdiction and venue for any dispute in the state and Federal courts of Newark, New Jersey, USA. Any cause of action you may have with respect to the Website or these Terms must be commenced within one (1) year after the claim or cause of action arose.

15. WAIVER

In the event that any portion of the Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms shall remain in full force and effect. No waiver of any term of our Terms shall be deemed a continuing waiver of such term or any other term. The failure of FCSA to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

16. ENTIRE AGREEMENT

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

17. CONTACT INFORMATION

Please direct all questions and comments to:

FIBROMYALGIA CARE SOCIETY OF AMERICA (“FCSA”)

40 South Fullerton Avenue, Montclair, NJ 07042

Phone: 973-954-5647

Email: info@fibro.org