The Facial Pain Association (FPA) owns, operates and/or controls a network of websites and web pages, including www.tna-support.org and www.facepain.org and its associated and/or successor internet addresses (collectively, the “Site”). Should FPA elect to participate in social media channels such as Facebook, Twitter or YouTube, or other existing or future digital or other interactive media opportunities, such pages, profiles, accounts and such other features or functionality in which FPA may participate are included within the definition of “Site.”
While FPA uses commercially reasonable efforts to provide accurate information, FPA does not guaranty the accuracy of such information. Some information may be cutting edge, up-to-the-minute research data that has not yet been corroborated. Moreover, FPA does not review the content of all material posted to or accessible through links from the Site. As a result, all items of Licensed Content contained on the Site may not be current, accurate or complete. Furthermore, because many factors go into the decision-making process with respect to diagnosis and treatment, and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. DIAGNOSIS AND ADVICE ABOUT TREATMENT OF YOUR CONDITION SHOULD BE PROVIDED BY A PHYSICIAN.
Privacy and Data Security
FPA values its relationship with Site visitors and members and uses commercially available technology to safeguard any personal information collected through the Site. Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure. You transmit personal information at your own risk. FPA does not guaranty or warranty the security of information you transmit.
Information Collected: In general, you may visit the Site without revealing personal information about yourself. Associated businesses and other companies providing services to or on behalf of FPA (such as, for example, companies assisting with the hosting, operation or features of the Site, fundraising, advertising and promotions, credit card or other internet payment functionality such as PayPal and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of your visit. This may include, without limitation, your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set your browser either to notify you when you receive a cookie or to refuse to accept cookies. However, if you do so you may not be able to participate in certain of the Site’s features.
Information that personally identifies you, such as your name, address, e-mail address, telephone number as well as demographic data specific to you may also be collected from a variety of sources. For example, you may provide personally identifiable information directly when seeking disease, caregiver, and health care professional information. It also may be gleaned through the Site or collected from other sources. FPA’s database is accessible only by FPA personnel and service providers who are contractually required to maintain the confidentiality of information. Credit card information collected in connection with a transaction are completed through a third-party vendor with [same] Secure Sockets Layer (SSL) security.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right or invade another’s rights of privacy or publicity (collectively, “Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site, use the Site to solicit others, or advertise anything. Framing, in-line linking or other means of associating the Site or Licensed Content with another or with any material, link or information not originating with FPA is expressly prohibited.
You may not probe, scan or test the vulnerability of the Site or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Site or any Licensed Content, or attempt to access any materials or information through any means not purposely made available by FPA through the Site. Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
Social Media Channels/Forums/User Submissions
Certain more interactive portions of social media channels and other digital media forums require special mention. FPA insists that all statements made about it and its activities be accurate, not misleading and not contain unsubstantiated statements. Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Site, generally and through social media channels and other public forums, or email to FPA (collectively, “Communications”) are non-confidential.
By submitting Communications to the Site, you grant FPA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Communications solely for the purpose of displaying, distributing and promoting the Communications.
FPA has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that your submission of any suggestions, ideas, images, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. FPA HAS NO LIABILITY FOR AND WILL BE FREE TO COPY, DISCLOSE, DISTRIBUTE, INCORPORATE AND OTHERWISE USE ALL OR ANY PART OF ANY COMMUNICATIONS FOR ANY AND ALL COMMERCIAL OR NONCOMMERCIAL PURPOSES IN ANY MEDIUM WHATSOEVER WITHOUT ADDITIONAL CONSENT OR APPROVAL FROM YOU. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.
You are solely responsible for your Communications and your activities on the Site. Although FPA will not, and has no obligation to, monitor your Communications, it has the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and/or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will FPA or its affiliates be liable in any way for any Communications, your or another’s use of the Site or any Licensed Content and/or Communications, including but not limited to any errors or omissions in any Licensed Content and/or Communications, or for loss or damage of any kind incurred as a result of the use of any Licensed Content and/or Communications via the Site. Statements about materials sold through the Site or other statements or claims made through public, interactive areas provided on the Site are not guaranteed or warrantied by FPA. FPA cautions you not to rely on such statements and advises that you perform your own independent research.
FPA’s Proprietary Rights
You acknowledge that this Site contains Licensed Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, and/or other proprietary rights (collectively “Proprietary Rights”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You shall at no time assert any claims of ownership over any Licensed Content by reason of your use of or any right to use this Site. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Licensed Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Licensed Content, in whole or in part. The FPA authorizes you to view and use the Licensed Content on this Site solely for your personal, noncommercial use consistent with the laws governing Proprietary Rights. The use of the Licensed Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without the FPA’s prior written approval.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE FPA, ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND/OR EMPLOYEES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL THE FPA, ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND/OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE LIMITATION OF LIABILITY PROVIDED FOR HEREIN SHALL BE EFFECTIVE IN SUCH JURISDICTION TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.