Terms and Conditions of Use

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Effective June 1, 2012

The following terms constitute an agreement between you and Online Awesome, LLC. Online Awesome LLC (“The Company”) is the operator of www.Fibromyalgia-treatment.com (the “Site”) and the FibroTrack Online Fibromyalgia Management System (the “Application”). For purposes of this agreement, the term “Site” will refer to both the website located at www.Fibromyalgia-treatment.com and the FibroTrack application. This agreement governs your use of the Site and/or Application, both as a casual visitor and a registered member as outlined below.

By accessing or using the Site, you agree to be bound by the terms of this Agreement. To the extent you register on the Site as a member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to members shall apply to you as well.

This Site Does Not Provide Medical Advice

All of the material provided on the Site, such as text, articles, interviews, videos, treatment option information, dosages, potential results, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Online Awesome LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Online Awesome LLC, by persons appearing on the Site at the invitation of Online Awesome LLC, or by other members is solely at your own risk. All legal language aside and for clear understanding – any actions you decide to take based on anything you may have read on the Site or in the FibroTrack application are your sole responsibility and the responsibility for any adverse or negative outcome is entirely your own.

Membership Eligibility

To become a member and access the area on this Site reserved for members (the “Member Area”) the company  requires that you are either a (a) an individual who has been diagnosed with Fibromyalgia or who may suspect a diagnosis of Fibromyalgia or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient who seeks to join the Site, (c) a health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants or (e) guest as authorized by an Online Awesome member or employee.

Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.

Acceptable and Legal Use of Site by Members

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading. Members who violate this provision may be banned from the Site at the sole discretion of Online Awesome LLC and in the event a user is banned no refunds of fees paid will be forthcoming.

No Interference with Operation of Site

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or allow others use of your membership account to take such actions.

Non-Commercial Use Only

The Site content, including the Member Area and the content and information contained in the Member Area, is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from Online Awesome LLC. Members of the Site with individual commercial interests may not solicit or overtly promote their products or services within the Member Area. All content shared within the site is not for external use. To garner permission and access to members, please direct all media and analyst inquiries to http://www.fibromyalgia-treatment.com/contact-us/and all other requests to http://www.fibromyalgia-treatment.com/contact-us/.

Posting and Use of Content in the Member Area

The Member Area includes community areas, such as forums and member social networking areas, where members may post messages, images, and other content (“User Submissions”). If you are a member, you (or the author) owns the copyright in the messages, images, and other content you post in the Member Area, but by posting such content within User Submissions to the Member Area you grant Online Awesome LLC and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.

While some community areas in the Member Area are monitored periodically for topicality, Online Awesome LLC has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.

Privacy

You agree that you have read, understood and accept Online Awesome’s Privacy Policy. This policy explains Online Awesome’s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.

Online Awesome’s designated Copyright Agent for notice of claims of infringement is:

Online Awesome LLC

Terry Springer

4010 Night Sky Lane

Cumming, GA  30041

telephone: 678-522-5093

email:  terry@fibrotrack.com

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Online Awesome LLC at support@fibrotrack.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Links to Other Websites

The Site may contain links to other websites that are not under the control of Online Awesome LLC. The inclusion of any link does not imply endorsement by Online Awesome LLC of such site and Online Awesome LLC is not responsible for the content of such linked sites.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Online Awesome LLC of any unauthorized use of your membership password or login or any other breach of security.

Membership Termination

You agree that Online Awesome LLC may, with or without cause, immediately terminate your Site or FibroTrack membership or limit or terminate your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Online Awesome LLC of a member’s membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Online Awesome LLC has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

The FibroTrack application requires a paid membership to access. Fees paid to Online Awesome LLC for membership can vary and Online Awesome LLC reserves the right to modify the membership fee schedule whenever desired without prior notice to members or users. The monthly fee defined and agreed upon at the time of membership purchase will remain in effect for the duration of the paid membership with any changes in fees to be implemented upon account renewal at the end of the agreed upon period.  The member and/or user agrees that membership fees must be paid according to the terms defined at the time the member subscribed to the FibroTrack service.

Online Awesome LLC reserves the right to from time to time change the terms of this Agreement and fee structures for membership and/or to provide additional optional services for a fee.

Refund Policy

Online Awesome LLC offers a 30 day no questions asked money back guaranty for the FibroTrack membership application. If for any reason you are not satisfied with the service and functions you receive as part of your FibroTrack membership you may contact Online Awesome LL anytime within 30 days of having subscribed to the FibroTrack paid membership by emailing to billing@fibrotrack.com. Refunds may be issued for cancellations of membership after the initial 30 day guaranty has expired at the sole discretion of Online Awesome LLC.

Data Ownership

All data or information entered into the FibroTrack application or posted to or uploaded to the Site by members that is of a non-personal nature (personal nature to include name, contact information, billing information or any personally identifying information) and excluding material protected by Copywrite as outlined above is considered the sole property of Online Awesome LLC. All member personal information is held in the strictest confidence and will not be shared by Online Awesome LLC with any individual or entity for any reason without the specific members authorization. Any member information that the member chooses to share with other members within the FibroTrack members area is shared at the sole discretion of the member. Online Awesome LLC is not liable for any negative outcome or result associated with a members decision to share information within the members area.

Disclaimer of Warranties

The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Online Awesome LLC does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Online Awesome LLC does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected.

The advice, recommendations, information, and conclusions posted or emailed by other members or guests of the Site are not in any way vetted, approved or endorsed by Online Awesome LLC, and you use such information at your own risk.

Limitation of Liability

Under no circumstances shall Online Awesome LLC, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.

Indemnification

You agree to indemnify and hold harmless Online Awesome LLC, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

International Users

Online Awesome LLC makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our privacy policy. If you are a non-U.S. user, you acknowledge and agree that Online Awesome LLC may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our privacy policy. If you do not consent to such transfer, you may not use this Site.

Member Notices

If you register as a member, you agree that Online Awesome LLC may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).

Governing Law and Venue

This agreement shall be governed by the laws of the State of Georgia and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Georgia, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Georgia.

Miscellaneous Terms

Online Awesome LLC, Fibromyalgia-Treatment.com and FibroTrack and the FibroTrack logo are trademarks of Online Awesome LLC. You agree not to display or use these trademarks in any manner without Online Awesome’s prior, written permission.

Online Awesome may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

 

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