My FairCareMD


FairCare, LLC

1133 Broadway, Suite 706

New York, NY 10010

917.832.1705 | F: 917.832.1706


Terms of Use for Providers

Updated March 31st, 2010


Terms used in this document (and other ways we will refer to them)

The general public (“Consumers” or “Users”)

FairCare, LLC (the “Company”, “the Site”, “We”, “Us”, “Our” or "FairCareMD")

Website (the "Website", or the “Site”)

This document (this "Agreement", or “Terms of Use for Providers” or “Terms of Use”)

You or Your ("Subscriber" “Member”, or “Provider”)

FairCareMD service (the "Service")

Registration for the Service (“Registration or “Subscription””)


Welcome to FairCareMD, the service for health care Providers to post pricing and connect with the general public online, operated by FairCare, LLC. By using the FairCareMD Website, You agree to be bound by these Terms of Use, whether or not You register as a Subscriber of FairCareMD. If You wish to become a Subscriber and make use of the FairCareMD service, please read these Terms of Use. You will then be required to register for the Service, which includes completing an application and providing various items of information about You and Your services. If you object to anything in this Agreement or the FairCareMD Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by FairCareMD at any time, effective upon posting on the FairCareMD Website, as a FairCareMD Provider, You will be notified upon next login of changes to this Agreement and must agree to the changes. That stated, We will make best efforts to notify You of any changes using all electronic means available, generally email and notification when You log in.


  1. Patient - Provider Relations (We can help start them, but they are Your responsibility)

FairCareMD is not responsible for Your clinical, professional, financial or other relationships with Your patients. For example, We recommend that You only accept cash or credit from Your patients that come to You through FairCareMD, however, You, in Your discretion determine the type of financial relationship that suits you best. If You balance bill, accept insurance assignment, double bill or otherwise do not abide by the terms of Your agreements with patients, they will complain about You on FairCareMD. If too many patients complain about Your practice though, We reserve the right to remove Your information from the system. In no way will FairCareMD be held accountable for Your relationships with Your patients. We believe that if You honor Your contracts and give great care, You will do well here.

  1. Payer, Licensing, and Gorvernment Relations (We are not responsible for Your relationship with any payer or the governemnt)

We are not responsible for Your clinical, professional, financial or other relationships with any payer, licensing, or governmental body. For example, We recommend that You only accept cash or credit from Your patients that come to You through FairCareMD, however, You, in Your discretion determine the type of financial relationship that suits you best. If You balance bill, accept insurance assignment, double bill or otherwise do not abide by the terms of Your agreements with payers We are not responsible. In no way will FairCareMD be held accountable for Your relationships with any governing body, board, insurance company, or any other entity. You must abide by the rules of such organizations. We are not responsible for those relationships.

  1. Electronic Agreement (whenever possible, We do things electronically)
    This Agreement is an electronic contract that sets out the legally binding terms of Your use of the Website and Your Subscription in the Service. This Agreement may be modified by FairCareMD from time to time, such modifications to be effective upon posting by FairCareMD on the Website and emailed to the email address(es) We have on record for Your account. This Agreement includes FairCareMD's Use and Content Requirements, FairCareMD's Privacy Policy, FairCareMD's Online Advertising Media Kit, FairCareMD’s Subscription and Pricing, and any notices regarding the Website. By accessing the Website or becoming a Subscriber, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

  2. Electronic Form (again, whenever possible, We do things electronically)
    By accessing the Website or becoming a Subscriber, You consent to have this Agreement provided to You in electronic form.

  3. Non-electronic Copy (if You really want to kill a tree, We will send You a paper copy)
    You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to customerservice@FairCareMD.com.

  4. Withdrawing Your Consent (if You don’t like it, leave)
    You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form.

    1. Effect. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, We will discontinue Your then-current username and password. This means that You will not have the right to use the Service unless, and until, We issue You a new username and password.

    2. Notice. To withdraw Your consent and/or request a non-electronic copy of this Agreement, please send an email to withdraw@FairCareMD.com

    3. Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after We receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of Your withdrawal.

  5. Access and Retention (if You don’t have internet access you probably can’t use Our website)
    In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this Agreement for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Via the Website, We will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.

  6. Eligibility (qualified healthcare providers ONLY please)
    You must be qualified healthcare provider to register as a subscriber of FairCareMD as a provider of services. Your qualifications are determined by the licensing and/or certifying entity that governs Your specialty.
    Subscription Service is void where prohibited. By using the Website, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You also agree to promptly notify FairCareMD of any changes in the status of Your licensing and certification. This is Your responsibility.

  7. Subscription (prices may vary)
    The terms of Your subscription, pricing and billing are explained in the area labeled “Subscription Pricing” available on the Website. The pricing of such services is subject to change and includes promotional pricing that is variable by region, specialty, and other factors.

  8. Term (You can cancel at any time but please do not always expect a refund)
    This Agreement will remain in full force and effect while You use the Website and/or are a Subscriber. You may terminate Your Subscription at any time, for any reason, by sending FairCareMD written notice of termination to FairCareMD, LLC at the address on the Website or email notice of termination to customerservice@FairCareMD.com. If You terminate Your Subscription, Your Subscription will remain active until the end of Your then-current subscription period (that is, the subscription period through which You had paid prior to Your termination). FairCareMD may terminate Your Subscription by sending notice to You at the email address you provide in Your Registration, or such other email address as You may later provide to FairCareMD. If FairCareMD terminates Your Subscription in the Service because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at the sole discretion of FairCareMD. FairCareMD is not required to provide notice prior to terminating Your Subscription. FairCareMD is not required, and may be prohibited, from disclosing a reason for the termination of Your account. Even after Your Subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

  9. Use and Content (please follow the rules for what You can and cannot post, as described in a separate document entitled, ”Use and Content Requirements”.)
    Your use of the Service and the content of the information that You post on the Website must be in compliance with the FairCareMD Use and Content Requirements, available on the Website. To summarize Our Use and Content document, try to imagine a PG-13 rating here.

  10. Customer Service (please be nice to Our people or We will terminate Your Agreement)
    FairCareMD provides assistance and guidance through its customer service representatives. When communicating with Our customer service representatives, You may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that Your behavior towards any of Our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate Your Subscription and You will not be entitled to any refund of unused subscription fees.

  11. Modifications to Service (We may need to change what We are doing but We will keep You informed. In fact, We will only change if a significant population of the Users and Subscribers of the Site tell Us to!)
    FairCareMD reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FairCareMD shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

  12. Blocking of IP Addresses (if there is a problem, We will do our best to block You from coming back)
    In order to protect the integrity of the Service, FairCareMD reserves the right at any time in its sole discretion to block Subscribers from certain IP addresses from accessing the Website.

  13. Subscriber Disputes (You are responsible for what happens between You and others on the site)
    You are solely responsible for your interactions with any and all people on the site, including but not limited to fellow Providers, Consumers, prospective patients, moderators, and any others. FairCareMD reserves the right, but has no obligation, to monitor disputes between You and Consumers.

  14. Privacy (beware of HIPAA or other privacy violations – You are responsible for them if they happen on the Site under Your account)
    Use of the Website and/or the Service is also governed by our Privacy Policy. Providers, their employees, and their agents should be particularly aware of their obligations of patient confidentiality pursuant to state and federal laws, including without limitation their obligations under the Health Insurance Portability and Accountability Act (“HIPAA”), both in communicating with FairCareMD and in responding to a review of their services posted on our Website. FairCareMD does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and FairCareMD’s Terms of Use. FairCareMD does not comply with HIPAA and is not required to do so. That stated, We do our best to treat all information as confidential and ask that You do as well.

  15. Disclaimers (You are solely responsible for what You post. We will do our best to keep everything working right on the Site, but if there is a problem We will not be responsible for any financial or legal damages that ensue.)
    FairCareMD is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by Users of the Website, Consumers, Subscribers or by any of the equipment or programming associated with or utilized in the Service. FairCareMD is not responsible for the conduct, whether online or offline, of any User of the Website, Consumer or Subscriber of the Service. FairCareMD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user, Consumer or Subscriber communications. FairCareMD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users, Consumers and/or Subscribers or to any other person's computer related to or resulting from the Service. Under no circumstances will FairCareMD or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website, or any interactions between Users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FairCareMD expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FairCareMD cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
    FairCareMD makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website.

  16. Links (We aren’t responsible for anything linked to on Our Site either)
    The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FairCareMD has no control over such sites and resources, You acknowledge and agree that FairCareMD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FairCareMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

  17. Limitation on Liability (if something goes wrong, We are only liable for the amount you paid to us)
    In no event will FairCareMD be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Web site or the Service, even if FairCareMD has been advised of the possibility of such damages. FairCareMD is not a referral service and does not guarantee that Your listing on the Website will result in any patients, clients or business for You. FairCareMD will not be responsible for any claim, dispute or legal proceeding that occurs between You and any third party, including, but not limited to, Consumers and others who access the Website. FairCareMD will not be responsible for the performance of any services by You, and will not have any involvement in the transaction between You and Your patients or clients. FairCareMD has no control over the use of the Website, and does not guarantee the suitability of any Consumer who may access your services. FairCareMD does not guarantee the truth or accuracy of the information provided by Consumers, and does not guarantee that a Consumer will consummate a transaction with you, or have the wherewithal to pay for the transaction. FairCareMD does not guarantee continuous and secure access of the Website, and cannot completely guard against interruptions caused by factors outside of our control, including malicious attack on the Website. Accordingly, to the extent legally permitted, FairCareMD excludes all implied warranties, terms and conditions. FairCareMD is not responsible for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising out of the Website and its use. Notwithstanding anything to the contrary contained herein, FairCareMD's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to FairCareMD for the Service during the term of Subscription.

  18. U.S. Export Controls (Our lawyers say We have to put this in, don’t ask Us why)
    Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported

    1. into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or

    2. to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

  19. Jurisdiction and Choice of Law (if We have to fight it out in court, it will be in NYC)
    If there is any dispute arising out of the Website and/or the Service, by using the Website, You expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.

  20. Indemnity by You (You agree not to blame Us for anything, even if You live in California)
    You agree to indemnify and hold harmless FairCareMD and its officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential), including reasonable attorney’s fees, of every kind and nature, known and unknown, arising out of or in any way related to disputes between You and any third party, including, but not limited to, Consumers and other patients or clients. California Health Care Providers specifically waive California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

  21. No Third Party Beneficiaries (this Agreement is just between Us)
    You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

  22. Agency (You do not represent FairCareMD, nor do We represent You)
    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  23. Other Instruments (You will read, agree to, and sign other documents this Agreement refers to)
    You agree that You will execute any other instruments and documents that are or may become necessary or convenient to make this Agreement and the Service usable.

  24. Headings (this text after the number but before the paragraph is not the legal statement, it is only here to help make it more readable)
    The headings in this Agreement are used only to add clarity and organization, and are not to be considered part of the terms of this Agreement.

Use and Content Requirements
Your access to the FairCareMD website is governed by the following:

  1. Use by Subscribers (please use FairCareMD how it was intended)
    Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of FairCareMD, which may be revoked at any time, for any reason, in FairCareMD's sole discretion.

  2. Account Security (please do your best to keep Your account secure. We are not responsible for security breaches, though We will do our best to prevent them.)
    You are responsible for maintaining the confidentiality of the username and password that You designate during the Registration process, and You are fully responsible for all activities that occur under Your username and password. You agree to:

    1. immediately notify FairCareMD of any unauthorized use of Your username or password or any other breach of security, and

    2. ensure that You exit from your account at the end of each session. FairCareMD will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. If you share Your computer with others, You may wish to consider disabling your auto-sign in feature for Your FairCareMD account.

  3. Content on FairCareMD (We are not responsible for any of it)

    1. Proprietary Rights
      FairCareMD retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FairCareMD, and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

    2. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by FairCareMD, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FairCareMD does not:

      1. guarantee the accuracy, completeness, or usefulness of any information on the Service, or

      2. adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will FairCareMD or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Subscribers.

    3. Content Posted by You on FairCareMD.

      1. You are solely responsible for the Content that You publish or display (hereinafter, "post") on the Service. You will not post on the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Subscriber. If information provided to FairCareMD, or another Subscriber, subsequently becomes inaccurate, misleading or false, You will promptly notify FairCareMD of such change.

      2. You understand and agree that FairCareMD may review and delete any content, messages, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of FairCareMD violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers.

      3. By posting Content to any public area of FairCareMD, you automatically grant, and You represent and warrant that You have the right to grant, to FairCareMD, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of Your content by FairCareMD will not infringe or violate the rights of any third party.

      4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FairCareMD reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Subscription of such violators. It includes, but is not limited to, Content that:

        1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

        2. harasses or advocates harassment of another person;

        3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

        4. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

        5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

        6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

        7. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

        8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

        9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

        10. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

      5. Your use of the Service, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations.

      6. You may not transmit any chain letters or junk email to Consumers. Although FairCareMD cannot monitor the conduct of its Subscribers off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent.

      7. All information you include in Your Subscriber profile must be accurate, current and complete.

      8. You understand that all offerings you create are permitted to be copied by other Subscribers for the purpose of offering the same services but with different providers or prices.

    4. Content Posted by others on FairCareMD.

      1. User Generated Content (UGC) posted on FairCareMD is not the responsibility of FairCareMD. Users are solely responsible for the content that they publish or display (hereinafter, "post") on the Service. FairCareMD will remove any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) as soon as is practical AFTER notification. Users are not generally allowed to provide inaccurate, misleading or false information to the Company. If information provided to FairCareMD, or another Subscriber, subsequently becomes inaccurate, misleading or false, you will promptly notify FairCareMD of such change.

        1. All User generated reviews of your practice or offerings will be reviewed by You or Your agent prior to online publication. This process allows You to verify that the patient was actually seen by You and that You approve the publication of the statements made by your patients. You have the right to allow publication of any commentary about Your practice. As such, FairCareMD maintains no responsibility for any content that is published about You, Your practice, or Your activities on FairCareMD.com or associated sites.

      2. Your use of the Service, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations.

      3. Excessive negative reviews that You choose not to publish may be cause for termination of your subscription. 30% negative reviews is considered too many but due to sampling and severity, lower negative review frequency may lead to termination of this Agreement.

      4. Your Stars, a graphical representation of your ratings will reflect a simple average of all ratings, not just those You choose to allow to be published.

      5. By accepting this Agreement you release FairCareMD and all Users and Subscribers to the Services from all liability related to consumer reviews, User generated content and all actions related to said content.

    5. Prohibited Activities
      FairCareMD reserves the right to investigate and terminate Your Subscription if You have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that You may not engage in with respect to the Service:

      1. You will not express or imply that any statements You make are endorsed by FairCareMD without Our specific prior written consent.

      2. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

      3. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

      4. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

      5. You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.

      6. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

      7. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

      8. You will not "frame" or "mirror" any part of the Service or the Website, without FairCareMD's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to FairCareMD or the Service or the Site in order to direct any person to any other web site for any purpose.

      9. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

      10. You will not slander other Providers or Users of the Site or make negative comments about them or other offerings.

    6. Copyright Policy
      You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

  4. Services and Pricing (You should really read this whole section)
    Your access to the FairCareMD website is governed by the following:

    1. Subscription and Subscription Pricing
      You will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, You must upgrade Your Subscription to the Service or otherwise purchase the additional Site feature. Please see the FairCareMD Online Advertising section of the Site or request a Media Kit for a description of the current subscription plans and their prices. Please note that the Subscription policies that are disclosed to You in subscribing to the Service are deemed part of this Agreement.

    2. Subscriptions; Charges on Your Billing Account.

      1. General
        FairCareMD bills you through an online account (your "Billing Account") for use of the Service. You agree to pay FairCareMD all charges at the prices then in effect for any use of the Service by You or other persons (including your agents, staff, office managers,…) using your Billing Account, and You authorize FairCareMD to charge Your chosen payment provider (Your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. FairCareMD reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

      2. Recurring Billing
        By entering into this Agreement, You acknowledge that your Subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. FAIRCAREMD MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY FAIRCAREMD) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FAIRCAREMD REASONABLY COULD ACT.

      3. Current Information Required
        YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FAIRCAREMD IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE FAIRCAREMD ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FAIRCAREMD MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FAIRCAREMD).

      4. Payment Method
        The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If FairCareMD does not receive payment from your Payment Method Provider, You agree to pay all amounts due on Your Billing Account upon demand.

      5. Change in Amount Authorized
        If the amount to be charged to Your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and FairCareMD shall provide, notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern Your use of Your Payment Method. You agree that FairCareMD may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

      6. Auto-renewal
        Your FairCareMD Subscription will be automatically extended for successive renewal periods of the same duration as the Subscription term originally selected, at the then-current non-promotional subscription rate. If You resign, You may use your Subscription until the end of Your then-current subscription term; your Subscription will not be renewed after Your then-current term expires. However, You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

      7. Reaffirmation of Authorization
        Your non-termination or continued use of the Service reaffirms that FairCareMD is authorized to charge your Payment Method. FairCareMD may submit those charges for payment and You will be responsible for such charges. This does not waive FairCareMD's right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially subscribed to the Service.

      8. Free Trials and Other Promotions
        Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your Subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact FairCareMD to have the charges reversed within fourteen (14) days of the charge.

    3. Modifications to Service
      FairCareMD reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FairCareMD shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

    4. Other: This Agreement contains the entire agreement between You and FairCareMD regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
      Information Terms of Use – Registered Member
      Read This Terms of Use Agreement Before Accessing Website.
      Effective Date: This Terms of Use Agreement was last updated on 3/2/2010.
      This Terms of Use Agreement sets forth the standards of use of the FairCare, LLC Online Service for Registered Members. By using the FairCareMD.com website You (the “Member”) agree to these Terms of Use. If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at FairCareMD.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

    5. Description of Service
      FairCare, LLC is providing Member with information services. Member must provide

      1. all equipment necessary for their own Internet connection, including computer and modem and

      2. provide for Member’s access to the Internet, and

      3. pay any fees relate with such connection.

  5. Disclaimer of Warranties. (things may break, We will do our best to prevent this but if they do, We are not responsible for damages or refunds)
    The site is provided by FairCare, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. the Company shall have no liability for any interruptions in the use of this Website. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

  6. Limitation of Liability (another important section We will not summarize)
    FAIRCARE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FAIRCARE, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FAIRCARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  7. Indemnification (You agree not to sue Us, no matter what)
    Member agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

  8. Subscriber’s Account (You are responsible for the use of Your account and security of Your password)
    All Subcribers of the Service shall receive a password and an account. Subcribers are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Subcriber agrees to notify the Company of any unauthorized use of Subcriber’s account or any other breach of security known or should be known to the Subcriber. Subcriber’s right to use the Service is personal to the Subcriber. Subcribers agrees not to resell or make any commercial use of the Service without the express written consent of the Company.

  9. Modifications and Interruption to Service (We may change at some point)
    The Company reserves the right to modify or discontinue the Service with or without notice to the Member. The Company shall not be liable to Member or any third party should the Company exercise its right to modify or discontinue the Service. Member acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  10. Third-Party Sites (blah blah blah… no seriously, links may be broken or go to irrelevant places, We are not responsible)
    Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and We are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

  11. Partner Sites (be good to Our partner sites, especially HealthcareBlueBook.com)

Partner sites, defined as sites that FairCareMD has agreements with such as HealthcareBlueBook.com, often provide more extensive access to FairCareMD subscribers than can be obtained otherwise. Inappropriate duplication, publication, or dissemination of partner data is grounds for legal action per partner site's terms and conditions and termination of Your use of the service.

  1. Disclaimer Regarding Accuracy of Information (despite Our best efforts, We might be wrong about stuff)
    Service or Product specifications and other information have either been provided by vendors or collected from publicly available sources. While the Company makes every effort to ensure that the information on this Website is accurate, We can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and You acknowledge that any reliance on representations and warranties provided by any vendor shall be at Your own risk.

  2. Governing Jurisdiction of the Courts (if You must sue, please do it in New York)
    Our Website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that Our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access Our Site, You agree to do so subject to the internal laws of the State New York. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any dispute.

  3. Compliance with Laws (don’t break laws of wherever You are either)
    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  4. Copyright and Trademark Information (We own all the content and You can only use it with Our permission)
    All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2014 FairCare, LLC, will all rights reserved, or is the property of FairCare, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FairCare, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FairCare, LLC.
    FairCareMD™ and FairCareFinder™ are proprietary marks of FairCare, LLC. FairCare, LLC’s trademarks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among Consumers, or in any manner that disparages or discredits FairCare, LLC All other trademarks displayed on the Company’s Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with the Company.

  5. Notification of Claimed Copyright Infringement (if You must sue, send it to Our lawyer directly)
    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FairCare, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
    By Mail
    FairCare, LLC
    8650 Southwestern Blvd., Suite #3111

Dallas, Texas 75206

by fax: (917) 832-1706, by Telephone: (917) 832-1705, by Email: legal@FairCareMD.com

  1. Botnets (don’t be an evil robot)
    The Company retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

  2. Other Terms (congratulations, You made it this far – this particularly turgid bit of legalese says 1) don’t throw the baby out with the bath water, 2) if we sell the Company, the Agreement survives; and 3) that You agree to the Privacy Policy too)
    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FairCare, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.




Revised March 4th, 2010 Page 17 of 17