TERMS OF SERVICE
Last Updated: October 14, 2018
These Terms of Service (“Terms”) govern your access and use of the online service made available to you by Fair Med Care, LLC., (“Fair Med Care”,” “we,” “us,” or “our”) at a designated web address (“Service”).
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Fair Med Care will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
License. Provided you comply with these Terms, Fair Med Care grants you a limited, revocable, nontransferable, non-assignable, non-exclusive license to access and use the Service solely for your own personal and noncommercial purposes.
Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Fair Med Care or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Fair Med Care or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Fair Med Care to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Fair Med Care.
Restrictions on Your Use of the Service; Compliance with Laws.
You may download and print one copy of the Service’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without the prior written consent of Fair Med Care. You may not use the Service for unlawful purposes. You may not access, use, or copy any portion of the Service or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancel-bots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Service or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Fair Med Care.
You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Service.
Your Account. While you can request appointments with health care providers through the Service without creating a Fair Med Care account, you will be required to create an online Fair Med Care account in order to save your profile and to take advantage of other features of the Service. You will be required to submit certain information in order to set up your account, including your mobile telephone number, which will be used to log in to your account via two-factor authentication with one-time PINs provided by Fair Med Care to you via text message. You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including those PINs. In connection with your access to and use of the Service and that of any person authorized by you to access and use the Service on your behalf, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to Fair Med Care in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. If you submit the personal information of any person other than yourself in setting up profiles in your account or otherwise in using the Service, you warrant that you have that person’s permission to provide Fair Med Care with that information. Fair Med Care reserves the right, in its sole discretion, to terminate your use of the Service for any reason without notice or liability, including the unauthorized use of your mobile telephone and the PINs provided by Fair Med Care and your breach of these Terms.
Text messages from Fair Med Care. While it is not necessary to create an online Fair Med Care account to search for or request appointments with health care providers, you will be required to create an online Fair Med Care account and to provide us with your mobile telephone number in order to save your profile and take advantage of other Service features. If you create an online Fair Med Care account, Fair Med Care will text you a PIN each time you log in to your account for security reasons, which PIN will be your password for that session. You may choose to stop receiving text messages as described below, but opting out of receiving text messages will impact your ability to access your online Fair Med Care account. Fair Med Care will send you text messages pertaining to appointments that you have booked via the Service (e.g., appointment reminders and live waitlist updates) and any follow-up appointments, whether or not you have an online Fair Med Care account. We may also send you invitations via text message to review a health care provider that you have visited. Message and data rates may apply. To stop receiving messages at any time, reply “STOP” to any text message you receive.
Text and email messages from your health care providers. Health care providers using the Service may contact you via text messaging or email to remind you of an appointment and to provide general health/medication/insurance reminders and information. We will ask you to consent to receive messages via text message before you receive any messages from a health care provider. By consenting to receive this information via text message or email, you understand there may be some level of risk that the information in the email or text message could be read by a third party. Health care providers have agreed not to send personal detailed health information via text or email, such as the reason for visit. By the same token, patients are advised not to share personal health information via text message.
Fair Med Care and health care providers using the Service to send messages are not responsible for unauthorized access of protected health information while in transmission to the individual based on the individual’s request. Furthermore, Fair Med Care and health care providers are not responsible for safeguarding information once delivered to the patient. By consenting, you agree to receive insecure text messages at your given phone number or any number forwarded or transferred to that number or insecure emails. The consent to receive text messages or emails will apply to all future appointment reminders/feedback/health/medication information unless you request health care provider stop sending the messages by replying “STOP.”
If you are not the intended recipient to any text messages or emails sent by Fair Med Care or the healthcare providers using the Service, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. Also, if you are not the intended recipient to text messages please reply “STOP” to any text messages you receive.
Termination. Fair Med Care may terminate these Terms without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination of these Terms you must promptly cease accessing and using the Service.
Appointment Availability. The availability of health care provider appointments that you can request through the Service may change at any time without notice to you. Health care provider locations remain valid while they are listed on the Service. Health care provider services may not be available in your area.
NO WARRANTY. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. FAIR MED CARE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SERVICE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. FAIR MED CARE DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE. FAIR MED CARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. FAIR MED CARE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.
FAIR MED CARE IS NOT A HEALTH CARE PROVIDER AND IS NOT A COVERED ENTITY UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILTY ACT OF 1996 AND ANY REGULATIONS PROMULGATED THEREUNDER (“HIPAA”). TO THE EXTENT FAIR MED CARE CREATES, RECEIVES, MAINTAINS, OR TRANSMITS PROTECTED HEALTH INFORMATION, AS THAT TERM IS DEFINED UNDER HIPAA, FAIR MED CARE WILL ONLY ACCESS, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION AS PERMITTED BY APPLICABLE FEDERAL AND STATE LAWS, INCLUDING HIPAA, AND PURSUANT TO ANY CONTRACTUAL OBLIGATIONS FAIR MED CARE HAS WITH HEALTH CARE PROVIDERS. FAIR MED CARE IS NOT RESPONSIBLE FOR THE ACTIVITIES OR OMISSIONS OF HEALTH CARE PROVIDERS AS IT RELATES TO HOW THEY RETAIN, SECURE, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION. WHILE FAIR MED CARE AIMS TO PROVIDE YOU WITH ONLY ACCURATE AND UP-TO-DATE INFORMATION ABOUT AVAILABLE HEALTH CARE PROVIDERS IN YOUR AREA, FAIR MED CARE DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF HEALTH CARE PROVIDER INFORMATION ON THE SERVICE. ADDITIONALLY, THE MENTION OF A PARTICULAR HEALTH CARE PROVIDER ON THE SERVICE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY FAIR MED CARE, AND THE RATINGS FOR EACH HEALTH CARE PROVIDER ARE AGGREGATED AND AVERAGED THROUGH PATIENT REVIEWS AND DO NOT REFLECT THE OPINIONS OF FAIR MED CARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIR MED CARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. FAIR MED CARE HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM FAIR MED CARE OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAIR MED CARE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF FAIR MED CARE HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL FAIR MED CARE’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You will indemnify, defend, and hold harmless Fair Med Care, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your appointment requests made through the Service, you violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Force Majeure. Fair Med Care will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Fair Med Care’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
Audit. Fair Med Care and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.
Feedback. Fair Med Care welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Governing Law. These Terms are governed by the laws of the state of Delaware, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in San Francisco, California, with respect to any dispute arising under these Terms unless otherwise determined by Fair Med Care in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Fair Med Care and limit the manner in which you can seek relief from us.
Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”) will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the Fair Med Care’s intellectual property or other proprietary rights, Fair Med Care may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Fair Med Care; Fair Med Care’s affiliates; Fair Med Care’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Service; and any third-party beneficiaries.
Arbitrator. Arbitration proceedings will be administered by the American Arbitration Association (“AAA”) before an arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The prevailing party will bear all costs of arbitration, including all attorneys’ fees. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
Place. The place of arbitration will be San Francisco, California, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Fair Med Care, except that our affiliates are third-party beneficiaries of these Terms.
Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or arbitration) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
Notices. All notices, consents, requests, demands, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, by electronic mail.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Fair Med Care may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding these Terms to us by email at FairMedCare99@gmail.com or by mail at 2404 U.S. HIGHWAY 19 HOLIDAY, FL 34691.