TERMS OF USE:

U.S. ME/CFS CLINICIAN COALITION

TERMS OF USE AND PRIVACY POLICY

PLEASE READ THE TERMS OF USE BELOW AND THE ACCOMPANYING PRIVACY POLICY CAREFULLY BEFORE USING THE U.S. ME/CFS CLINICIAN COALITION WEBSITE (The “Website”).

The U.S. ME/CFS Clinician Coalition (The “Coalition”), also known as the ME/CFS Clinician Coalition, is a coalition of clinicians experienced in the diagnosis and management of myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS). Their website is available at MECFSClinicianCoalition.org.

The Coalition may revise and update The Terms of Use and The Privacy Policy at any time and from time to time and at its sole discretion. If significant changes are made to The Terms of Use or The Privacy Policy, these changes will be publicized on The Website.

The use of any personal information you provide to the U.S. ME/CFS Clinician Coalition is governed by the U.S. ME/CFS Clinician Coalition Privacy Policy. To the extent that there is an inconsistency between The Terms of Use and The Privacy Policy, The Terms of Use shall govern.

By using the U.S. ME/CFS Clinician Coalition Website (The “Website”), you signify your assent to all the terms contained in The Terms of Use and The Privacy Policy that were in place when you used The Website. If you do not agree to all of the terms and conditions contained in The Terms of Use and The Privacy Policy, do not use The Website!

You may see the current version of The Terms Of Use and The Privacy Policy by clicking on the links for these documents at the bottom of all pages of The Website. If you have questions about The Privacy Policy or The Terms of Use, you may contact The Coalition through the form on the Contact page of The Website.

Policy Last Updated August 29, 2020

TERMS OF USE

These Terms of Use apply to your use of The Website and other resources provided by The Coalition that are intended for use by healthcare professionals. The Terms Of Use govern your use of The Website. Your use of The Website constitutes your agreement to The Terms of Use. If you do not agree to The Terms of Use, do not use the Website!

MEDICAL DISCLAIMER

• The U.S. ME/CFS Clinician Coalition Website contains text, documents, images, links to materials in document repositories and on external websites, videos, and other materials, referred to as “Content,” that were created by The Coalition and/or provided by third parties.
• Any Content provided on or through The Website is for informational purposes only. IT DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. If you are a consumer who chooses to use The Website, you should always seek the advice of a qualified medical provider with any questions on your medical condition. Do not disregard the advice of medical professionals or delay seeking their advice because of information you read on The Website. If you are currently in a medical crisis, immediately contact your medical provider or your local emergency assistance contact numbers.
• While The Coalition takes care to ensure the quality of The Content on The Website, there may be omissions or inaccuracies in that Content. Further, scientific and medical knowledge about ME/CFS is changing rapidly and may have changed since this information was last reviewed by professionals. Medical providers must also note that some treatments mentioned on or through The Website, while in line with generally accepted best medical practice, may not be approved specifically for use in ME/CFS by the U.S. Food and Drug Administration. Therefore, the medical provider is urged to continually seek up-to-date information and also consult recognized drug product information for approved uses of treatments mentioned on or through this Website.
• The Coalition does not specifically endorse any test, treatment, or procedure mentioned on The Website.
• The Coalition does not claim ownership of and makes no representations, warranties, or guarantees for the accuracy, quality, or timeliness of information, materials, statements, services, or communications that may be provided by individual members of The Coalition in their role as independent medical providers. The Coalition is not liable for any inaccuracies or errors therein.

NO WARRANTY

THE WEBSITE AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE.” THE COALITION DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. THE COALITION DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE COALITION DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY DATA, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COALITION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

NEITHER THE COALITION, NOR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, AND/OR AGENTS, NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF THE COALITION OR ITS AFFILIATES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR OTHER WEBSITE-RELATED CONTENT, INFORMATION, SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR SUCH CONTENT, INFORMATION, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST THE COALITION.

INDEMNIFICATION

You agree to indemnify and defend the Coalition its affiliates, and the participants, members, volunteers, staff, employees, suppliers, directors, and agents of The Coalition and its affiliates from any claims, actions, losses, liabilities, damages, costs, and expenses (including attorneys’ fees and costs) directly or indirectly arising from your (a) use of the Website, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. The Coalition reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of The Coalition.

Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Website. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions that are not resolved by mutual agreement shall be governed by California law, without giving effect to principles of conflicts of laws provisions thereof, and submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. The arbitration shall take place in Orange County, California unless the parties otherwise agree in writing. Within fourteen (14) days thereafter, the arbitrator shall arrive at a final decision, which shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final, binding and conclusive on the parties and shall constitute the only method of resolving disputes or matters subject to arbitration pursuant to this Terms and Conditions; provided, however, nothing shall prohibit the parties from seeking injunctive relief and/or other equitable remedies in a court of competent jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof.

THE ME/CFS CLINICAL COALITION WEBSITE CONTENT

• With the exception of third-party information discussed below, all information, material, content, and intellectual property contained on The Website, including The Coalition trademarks and logos, is the sole and exclusive property of The Coalition and is protected by U.S. and international copyright laws as well as other federal, state, local, and international laws and regulations. Use of The Content on The Website is subject to all such laws and regulations as well as the terms of use defined in this policy.

• Third-party Information: The Website provides links to materials provided by third parties, including but not limited to materials on or available through third-party websites, publications, and document repositories. Your use of content provided on third-party websites and other online sources is subject to the terms of use and privacy policies posted on those sites. Those terms of use and privacy policies should be reviewed prior to using the content from those sites. Your use of content on those third-party websites is at your own risk. The inclusion of links on The Website to this third party information does not constitute endorsement of that information by The Coalition. The Coalition is not responsible for the content of those sites and makes no representation or warranty as to their completeness or accuracy.

USAGE OF THE SITE AND GRANT OF LICENSE

• The Website is intended for medical providers including clinicians and other healthcare professionals. By using The Website, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.
• The Website is not intended or designed for those under the age of 18. We do not knowingly collect personal information from those individuals.
• While consumers, including patients, may access the site, The Website has not been intended for consumers, is not designed to provide patient education, does not create or constitute any patient-physician relationship, and must not be used as a substitute for professional medical advice.
• Medical providers may use this site for their own use. Medical providers may also use The Content of this site in presentations at conferences and meetings as long as the source is clearly acknowledged.
• No one is allowed to modify, lease, license, sell, create derivative works, publish, or market this information, including for commercial purposes, without the prior written approval of The Coalition.
• Your use of this site constitutes your acknowledgement and acceptance that, without prior notice, the site content may be updated at any time and the site may become unavailable at any time.
• Your access to this site may be restricted at any point in time and without prior notice if you do not comply with The Terms of Use and The Privacy Policy.
• Mobile Use: You are responsible for any fees, including but not limited to that for data usage, emails, and for roaming that your mobile network provider charges you for its services as a result of using The Website.

PRIVACY

We collect, store, and use personal data that you voluntarily provide in accordance with The Privacy Policy. The use of any personal information you provide to The Coalition is governed by The Privacy Policy. To the extent that there is an inconsistency between The Terms of Use and The Privacy Policy, The Terms of Use shall govern.

USER SUBMISSIONS

• Users may voluntarily submit information through forms on The Website Contact page, surveys, emails, or through other online mechanisms that may be provided, as described in The Privacy Policy.
• The Contact page provides a mechanism for any user to report technical issues with The Website. The Contact page also provides a form intended only for medical providers to contact The Coalition. This form is not intended for anyone who is not a medical provider.
• We welcome feedback from medical providers on The Website. Feedback can be provided through the form on the Contact page. Your feedback on The Website will become our property upon submission and you agree to irrevocably assign to us, all right, title, and interest in your feedback. We will be free to use, copy, modify, publish, and distribute your feedback as we see fit and without compensation to you.
• We reserve the right to review any submissions made through The Website forms, emails, surveys, and other mechanisms and delete without response or comment any that do not comply with their intended purpose as described above.
• Information about a particular patient case must not be submitted through any forms, surveys, emails, or other mechanisms provided on The Website or other online mechanisms. Any such submission will be deleted without comment or response.
• Submission of information that is obscene, threatening, harassing, or abusive in any way will not be tolerated and will be deleted without comment or response

COPYRIGHT INFRINGEMENT

If you believe that The Website infringes on your copyright, report that using the designated form on the Contact page of The Website. List the copyrighted work of concern as specifically as possible and the specific page of The Website that you believe infringes on the copyrighted material.

OPT-IN AND OPTING OUT OF FUTURE COMMUNICATIONS

• By voluntarily providing personal information as noted above and in The Privacy Policy, you consent to the collection and use of your personal information in accordance with The Terms of Use and The Privacy Policy. The terms and conditions in The Terms of Use and The Privacy Policy apply to all personal information collected by the U.S. ME/CFS Clinician Coalition on The Website, by email, survey, or other online mechanisms, by phone, or by similar means.
• If you are a medical provider who opted in to receiving future communications from The Coalition and you wish to opt-out of these communications, you may inform us of that by using the form on the Contact page. You may also use this form to let us know that you wish to change personal information. We will use appropriate methods to validate your request prior to processing such requests.