FPA Website Terms of Use

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.”

The Site is provided to visitors and users (collectively and individually, “you” or “your”) only if you agree to these Terms of Use unconditionally and without modification by you. Additional terms and conditions, which are incorporated into these Terms of Use, may apply to purchases made through the Site and to specific portions or features of the Site (such as the Discussion Forum). These Terms of Use and any additional terms are a binding, legal contract. PLEASE TAKE THE TIME TO READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY FEATURES OF THE SITE. By accessing, registering on or otherwise using the Site, you unconditionally agree to be bound by these Terms of Use and all applicable laws WHETHER OR NOT YOU HAVE READ THEM.

The Site and all material posted on the Site or otherwise approved by FPA (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Site and these Terms of Use. You may view the Licensed Content for your own personal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without FPA’s prior written approval is strictly prohibited. FPA gathers information through multiple sources. This means that Licensed Content is not only provided by FPA but also gathered through its members and visitors, links to organizations and publications and the research and medical community.

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.

Information Use/Sharing: FPA will not trade, sell or share your personal information with third parties without your consent unless required by law or other than as disclosed to you in these Terms of Use or when the information is collected. Except as limited by these Terms of Use, FPA may use any information gained through the Site for any legal purpose. If you access the Site outside the United States, your connection is through and to servers located in the United States. Any personal information you provide will be processed and maintained in the United States on FPA’s servers and/or other network systems operated by or for FPA’s benefit. If you access the Site and/or reside outside of the United States, your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in your country. Personal information is required to become an FPA member, fulfill your requests for items, literature or other information, to respond to your inquiries, correct problems with the Site, to notify you of new treatment or other medical information, to enlist your participation in advocacy, educational programs, email campaigns, surveys, or promotions. It may be required or helpful to customize Licensed Content, improve customer support services, conduct research, advertising, marketing and promotional campaigns, or to provide anonymous reporting for internal use and to third parties. Information collected from any source may be combined. Your information may be used for administrative and other purposes deemed necessary to maintain, service and improve the Site, FPA products and services. It may also be aggregated and made available without identifying you to ascertain trends, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Site.

By accessing and using the Site, you agree that information you have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time.

User Conduct

In general, FPA expects visitors to interact with FPA and other users of the Site in a courteous manner and in compliance with all laws. If you choose to “follow” or connect to FPA through social media channels, you agree to comply with their rules, guidelines, best practices, terms of service as they may establish from time to time in addition to these Terms of Use and any addition rules, terms of use, conduct codes that FPA may establish in connection with your use of FPA’s social media channels. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with FPA or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that you know contains viruses or malicious code, is false, misleading, defamatory, vulgar, obscene, threatening, libelous, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.

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.

Indemnity

You agree to indemnify, defend, release and hold FPA, its officers, directors, members, suppliers, service providers, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including costs of investigation and reasonable fees of attorneys and other professionals, due to or arising out the posting or use of anything you submit, transmit through or upload to the Site, your Communications, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any Rights. In the event you provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify FPA and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur including but not limited to loss of income, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against FPA by any third party based upon the information you provide or your use of the Site.

Modifications to the Site and these Terms of Use

From time to time FPA may change the Licensed Content, the products and services offered, disable certain features of the Site or expand the Site’s capability. FPA also reserves the right at any time and from time to time to modify these Terms of Use, the Site, its functionality and capabilities and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

Links

The Site contains links to other internet websites or resources. When you click a hyperlink to other internet websites or resources accessible through the Site, you leave the Site. FPA has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the terms of use and the privacy policies of any sites that you visit to learn more about their information-gathering practices and other policies. FPA expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, advice, research, data or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that FPA endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that FPA shall not be responsible or liable, directly or indirectly, for any harm, damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services, advice or materials available on or through any such link, site or resource.

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.