My FairCareMD

FairCareMD Terms of Use Policy

(Providers, please see the Provider Terms and Conditions Policy for additional terms for your use of the service.)

This Terms of Use Agreement (“Agreement”) is made between FAIRCARE, LLC, a New York limited liability company (“FairCareMD”, “us”, or “we”) and any person (collectively “you”, ”your”, “user”,  “patient” or “I”) who completes the registration process to open and maintain an account with FairCare.

By clicking the “I accept” button or accessing, using or installing any part of the service, as defined below, you expressly agree to and consent to be bound by all of the terms of this agreement. If you do not agree to all of the terms of this agreement, you may not access, use or install any part of the service or site.  Further, by clicking the “I accept” button you expressly agree and consent to the privacy policy {link – section III below} of this site.

  1. 1.WE ARE NOT DOCTORS AND ARE NOT GIVING MEDICAL ADVICE 

FAIRCAREMD and any employees or officers ARE NOT GIVING MEDICAL ADVICE or SUGGESTING ANY COURSE OF ACTION for your particular situation or medical condition.  We only offer a marketplace platform that allows Providers of Health related services  to offer their services.  Always seek the advice of a medical professional for any problems you are experiencing.  FairCare LLC is not responsible for anything that happens as a result of your visit to the site.

  1. 2.KEEP YOUR PRIVATE INFORMATION PRIVATE 

Do not make public anything you do not want to be public.  We highly recommend using a pseudonym for your username rather than your real name (so use “katlady22 instead of “KathleenDelaney”.  If you choose to a username that can be recognized as your real name, many activities on the site could be more public than you would wish.  FAIRCARE IS NOT RESPONSIBLE FOR THE PRIVACY OF INFORMATION THAT YOU CHOOSE TO SHARE.  We only publish your username, not the email address or the name on your account.  If you want a provider to know your real name then you will have the option to release that information at any time.  Health information is private information.  Please help us keep it so for you.  Please see the complete Privacy Policy {link} for more information.

  1. 3.WE DO NOT ENDORSE, RECOMMEND, OR IN ANY WAY CONDONE ANY PARTICULAR SERVICE 

FairCareMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. FairCareMD has not evaluated the education, training, experience or credentials of any doctors or health care providers listed on the FairCareMD site. Reliance on any information provided by the FairCareMD is solely at your own risk.

  1. 4.The Service and Registration 

    1. a.Description. The Service consists of access to a personal web page that allows you to track your various offers and favorite providers as well as comments and requests you have made.  All of this collectively is referred to as your “DoneDealDashboard”.  From this dashboard you can manage your Health-related Provider information, subject to the terms, conditions and limitations set forth in this Agreement. The Service is proprietary to FairCareMD (or its licensors) and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. FairCareMD agrees to provide you with non-exclusive access to or use of the Service.  

    2. b.Use of Content. FairCareMD authorizes you to view or download a single copy of the material on the FairCareMD Site solely for your personal, noncommercial use. FairCareMD owns all rights, title and interest, including, without limitation, any and all copyrights and intellectual property rights, in and to any and all pages of this Site and any and all forms or other content available for download, except where otherwise licensed from a third party. 

    3. c.Neither FairCareMD nor this site provides medical advice. The contents of the FairCareMD site, including, without limitation, text, graphics, images and other material contained on the FairCareMD site, (“content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. FairCareMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. FairCareMD has not evaluated the education, training, experience or credentials of any doctors or health care providers listed on the FairCareMD site. Reliance on any information provided by the FairCareMD is solely at your own risk. 

    4. d.Accessibility. From time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that FairCareMD may undertake from time to time; or (iii) causes beyond the control of FairCareMD or that are not reasonably foreseeable by FairCare. If you come to rely upon FairCareMD to find providers then you should ensure that you save, print, and keep copies of contact information and Deals you have negotiated in advance in case our site is offline when you need us.  

  2. 5.Representations and Warranties 

You represent and warrant to FairCareMD that: (a) you are over the age of eighteen (18) and have all power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and (c) you have provided, if requested, accurate and complete registration information, including, without limitation, your legal name, address, email and telephone number.

  1. 6.Acceptable Use Policy 

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use or misuse of the Service, including, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity of the author or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, “trojan horses” or any other malicious code or program; or (h) engage in any other activity deemed by the FairCareMD to be in conflict with the spirit or intent of this Agreement.

  1. 7.Limitations 

    1. a.Liability of FairCare. The use of the FairCareMD Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control of FairCare. Under no circumstances shall FairCareMD be liable to you or any other person for any direct, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the service and terminate this agreement. 

    2. b.Passwords. You are solely responsible for any authorized or unauthorized access to your account by any person. You will bear all responsibility for the confidentiality of your password and promptly inform the FairCareMD of any need to deactivate a password. You grant FairCareMD and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store and use your information in connection with operation of the Site. FairCareMD does not assume any responsibility or liability for any information you submit or your use or misuse of information transmitted or received using the FairCare’s Services. 

    3. c.Privacy. It is the policy of FairCareMD to respect your privacy. The personal information you submit to FairCareMD is governed by the FairCareMD Privacy Policy. This section is a summary of the FairCareMD Privacy Policy. If there is any conflict in the terms of this Agreement and the FairCareMD Privacy Policy, the terms of the FairCareMD Privacy Policy apply. FairCareMD will not monitor, edit, or disclose any individually identifiable information about you or your account, including, without limitation, its contents, without your prior consent, unless FairCareMD has a good faith belief that such action is necessary to: (i) comply with applicable law; (ii) protect and defend the rights or property of FairCare; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service. Your IP address is transmitted and recorded with each message you send from the Service. FairCareMD provides certain information collected from you and other users in aggregate form third persons such as advertisers.  Such data does NOT include any information that could be used to personally identify you specifically but may include age, gender, and other basic demographic information.  

  2. 8.Termination 

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate your use of the FairCareMD Site at any time and for any reason. FairCareMD reserves the right, in its sole and absolute discretion and without prior notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; or (c) terminate or amend this Agreement. If your use of the Services is terminated for any reason, you may contact us at datarequests@FairCareMD.com to request a copy of your stored data.  We also recommend backing it up to your local hard drive periodically.

  1. 9.Disclaimer of Warranties 

The service is provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use or misuse of the service is at your sole risk. FairCareMD does not warrant that the service will be uninterrupted or error free, nor does FairCareMD make any warranty as to any results that may be obtained by use of the service. FairCareMD makes no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, in relation to the service.

  1. 10.Indemnification 

You agree to indemnify, hold harmless and defend FairCare, its shareholders, directors, officers, employees and agents for, from and against any action, cause, claim, damage, debt, demand or liability, including, without limitation, reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use or misuse of the Service, including, without limitation, any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

  1. 11.FindCare Function 

You understand and appreciate the fact that by making a submission on the site in any form (GiveCare, Care Request, responding to offers) will involve the release of the minimal amount of information about your personal health needs to FairCare LLC and that some of this information may need to be conveyed to potential providers in order to acquire the care you have requested.  Through your personal profile or the data you enter you can control what information is provided or use a pseudonym to protect your identity.  You acknowledge this and agree to this limited release whenever your submit a FindCare Request or other automated process that sends information to health providers on the site or off.

  1. 12.Miscellaneous 

    1. a.Law. This Agreement shall be governed by the laws of the State of New York without reference to conflicts of laws. 

    2. b.Amendment.  FairCareMD shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein.  By clicking the “I accept” button each time the Agreement is presented to you at the time of access, link to or use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms. 

    3. c.Waiver and Severability.  No failure, delay in exercising or enforcing any right or remedy hereunder by FairCareMD shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. 

    4. d.Survival. The respective rights and obligations of the parties under Sections 2, 3, 4, 6, 7, 8, 9 and 10 shall survive any termination or expiration of this Agreement. 

    5. e.Integration.  Except as expressly provided elsewhere on the Site, these Terms and Conditions and the FairCareMD Privacy Policy constitute the entire agreement between you and FairCareMD with respect to the use of the FairCareMD Site and Content. 

Thank you for your cooperation. We hope you find this site useful and convenient. Questions or comments regarding this website should be customerservice@FairCareMD.com.

You understand that by clicking “I Accept” you authorize us to share your aggregate information, as discussed in the FairCareMD Privacy Policy.

You understand that by clicking “I Accept” you authorize that you understand and agree to all information contained in this policy as well as the Privacy Policy {link} that it refers to.