Terms

Terms of Use Agreement

This Terms of Use Agreement (this “Agreement”) is entered into by and between FamCarePlus LLC (the “Author”) and you (“You” or “you”), the user of this mobile application, which is known as FamCarePlus (the “App”).  Access to, use and/or browsing of the App is provided subject to the terms and conditions set forth in this Agreement.  By accessing, using, and/or browsing the App, You hereby agree to the following terms and conditions.

The App is open to You, the App user who is the primary care giver to the patient or representative, including those of the clinical team who serve as the primary medical professionals in care of the patient.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S OR HOSPITAL (HEALTHCARE FACILITY) OR CLINICIANS LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH IN THIS AGREEMENT, PLEASE EXIT THE APP IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE APP. AUTHOR RESERVES THE RIGHT TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THIS AGREEMENT AT ANY TIME.  SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR REMOVAL SHALL BE EFFECTIVE IMMEDIATELY.

BY ENTERING THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE, EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

LICENSE; SCOPE OF USE

Subject to the terms and conditions of this Agreement, Author grants you a limited, non-transferable, and revocable license to view, use and download a single copy of the App for your informational, personal, non-commercial use (the “License”). The License does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted, if at all, by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Author or its licensors. You may not use this App for any purpose (a) which would be contrary to Author’s business interest, or (b) to Author’s actual or potential economic disadvantage in any respect, including using the App to develop a competing application. All rights not specifically and expressly granted under the License are reserved by Author.

The App is licensed, not sold. The License confers no title to or ownership in the App and should not be construed as a sale of any rights in or to the App.  Author may terminate, change, suspend, or discontinue any aspect of the App, including the availability of any features of the App, at any time and in Author’s sole discretion.

COMPLIANCE WITH LAWS

You agree to comply with all laws, rules and regulations applicable to your use of the App. In addition, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

MEDICAL ADVICE DISCLAIMER

The Author provides the App along with services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only.  The Author does not provide any medical advice on or from the App, and the Information should not be so construed or used as such.  Using, accessing, and/or browsing the App and/or providing personal or medical Information does not create a physician-patient relationship.  Nothing contained in the App and/or the Information is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the App or Information provided by the App.

FINANCIAL, LEGAL, AND OTHER ADVICE DISCLAIMER

You hereby acknowledge that nothing contained in the App and/or the Information shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the App and/or the Information.

GENERAL INFORMATION DISCLAIMER

The Information expressed in the App and the App are not necessarily the opinions of the Author and do not necessarily reflect the opinion of his employer(s). The App and the Information are created by the Author in his individual capacity, are the Author’s personal App and Information, are not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.

Any Information on the App are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding without Author’s prior written consent.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date.  Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the App; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations, addition, or deletions to the Information at any time without notice.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

The App may, from time to time, contain links to third party web sites for purpose of providing further family-centered support. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the Information on such third party web sites, or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.  THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

DISCLAIMER OF ALL WARRANTIES

THE INFORMATION MADE AVAILABLE ON THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AUTHOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION, THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON OR THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE APP REGARDING TREATMENT OF MEDICAL CONDITIONS, ACTION, OR APPLICATION OF MEDICATION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE APP OR THE INFORMATION, WILL THE AUTHOR OR HOSPITAL (HEALTHCARE FACILITY) OR CLINICIANS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AUTHOR OR HOSPITAL (HEALTHCARE FACILITY) OR CLINICIANS SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE APP OR THE INFORMATION FOR DAMAGES AS A RESULT OF LOST PROFITS, LOSS OF GOOD WILL, WORK STOPPAGE, FAILURE OF PERFORMANCE, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DELETIONS OF FILES, MISTAKES, DEFECTS, ERRORS, INTERRUPTIONS OR COMPUTER FAILURE OR MAILFUNCTION; ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY THE AUTHOR’S OR HOSPITAL’S (HEALTHCARE FACILITY) OR CLINICIANS’ ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND THE AUTHOR’S OR HOSPITAL (HEALTHCARE FACILITY) OR CLINICIANS’ CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE APP AND/OR THE INFORMATION.

ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE APP AND/OR THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE APP AND/OR THE INFORMATION; OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE APP AND/OR THE INFORMATION.

INDEMNIFICATION

You agree to fully indemnify and hold the Author or Hospital (Healthcare Facility) or Clinicians harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this App, (2) any violation of law that occurs by you through the App, and/or (3) anything you do using the App and/or the Information contained therein.

YOUR PROVISION OF PERSONAL INFORMATION TO AUTHOR

When you provide Information about yourself, you agree to: (a) provide accurate, current, and complete Information about yourself; and (b) maintain and promptly update such Information to keep it accurate, current and complete. If you provide any Information that is untrue, inaccurate, or incomplete, or Author has reasonable grounds to suspect that such Information is untrue, inaccurate, or incomplete, Author has the right to suspend or terminate any account you establish in connection with your use of the App and/or Information and refuse any and all current or future use of the App and/or Information or any portion thereof.

USER CONTENT ON THE APPLICATION

You understand that all Information that are posted on or transmitted in connection with the App by you or another user are the sole responsibility of the person from whom such content originated. This means that you, and not Author, are responsible for all content that you upload, post, email, transmit or otherwise make available in connection with the App.  Author does not control the content posted and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the App, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Author be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available in connection with the App.

COMMENTS IN MESSAGING GUIDELINES

Consider your comments carefully and do not include anything in a comment that you would like to keep private because the App is open to the user who is the primary care giver to the patient or representative, and those of the clinical team who serve as the primary medical professionals in care of the patient. 

In connection with your use of the App and/or access to the Information, you agree not to:

1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way;
2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted in connection with the App;
4. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
7. upload, post, email, transmit or otherwise make available 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;
8. interfere with or disrupt the operation of the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; or
9. collect or store personal data about other users.

Although Author may not pre-screen content, Author has the right, but not the obligation, to delete or move any content for any reason. Without limiting the foregoing, Author has the right to remove any content that violates this Agreement.

YOUR GRANT OF LIMITED LICENSE

By uploading or making available any Information to the clinicians in the form of user generated comments, you grant the clinical team the use of your comments for purposes of informing their assessment of the patient.

By posting or submitting the content to the App, you grant Author, clinical team, and its affiliates the right to use, reproduce, display, perform, adapt, modify, remove, distribute, have distributed, and promote the content in any form, anywhere and for any purpose, subject to Author’s terms and condition and any privacy policy, if any. You represent and warrant that you own or otherwise control all rights in and to any such content, and that public posting and use of your content by Author will not infringe or violate the rights of any third party.

REGISTRATION AND PASSWORDS

The App may permit or require you to register or obtain a password prior to permitting access to certain products or services and/or the Information available through the App. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

The App and the Information is protected by United States copyright, trademark, trade secret, and patent laws. The Author hereby reserves any and all intellectual property rights in the App and the Information.  Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the App and/or the Information, or any components thereof, without the express written permission of the Author.

AGE RESTRICTION

The App and the Information is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the App and the Information.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Author shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Author seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.

ATTORNEYS’ FEES

In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys’ fees and costs.

SEVERABILITY

If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the App, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Illinois. You further agree that any claims or causes of action arising out of or related to this Agreement and the App, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author of the App concerning your use of the App and the Information contained therein.

MODIFICATION

The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App.

WAIVER

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

THE APP AND THE INFORMATION CONTAINED THEREIN ARE MADE AVAILABLE BY THE AUTHOR FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, AND/OR PROGNOSIS.  BY ACCESSING THE APP AND/OR THE INFORMATION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO CLINICIAN-PATIENT OR CLINICIAN-CAREGIVER RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE APP AND/OR THE INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN OR CLINICIAN IN YOUR STATE.

TERMINATION

Author reserves the right, in his sole discretion, to terminate your access to all or part of the App, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.

QUESTIONS

If you have any questions about this Agreement, you can contact us.