Terms of Use

Website Terms of Use.
Effective Date: January, 2009

Welcome to the Fibroid Relief (“FR”) website!
We know that understanding your and your family’s health issues and health care options is very important to you. We are excited to bring you a wealth of information about technology development, patient treatment, diagnostic tools, and a robust community area where you can share your experiences and learn from the experiences of others. Please explore our website (the “Site”), and if you decide to participate in our forums, message boards and blogs please register as a member. By registering, you provide us with the information we need to enable you to post and become an active participant on the Site and any related services.

As with any website providing tools and information, there are rules about what you can and can’t do, what we will and won’t do, and what promises we do and don’t make to you. Those are captured below in our Terms of Use. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site.

The following terms constitute an agreement between you and FR, the operator of the Site (“we” or “us”). This agreement (“Terms of Use”) governs your use of the Site, both as a casual visitor and as a member.

BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the Commonwealth of Virginia any dispute that you may have with us or the Site. Please note that we offer the Site “AS IS” and without warranties.

1. About the Site – We are not providing medical advice, diagnosis or treatment, or advice about what providers to use. The Site is an informational resource for you, and we hope a valuable one, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own needs.
The Site contains a range of information to increase patient awareness and access to new treatment options for uterine fibroids, aiming at supporting women suffering from uterine fibroids who seek non-invasive treatment alternatives, including raising awareness about the benefits of focused ultrasound technology, regardless of manufacturer, as well as promoting patient access to these technologies through educational and advocacy activities. There are articles, tools, real life stories, newsletters, information regarding treatment centers and physicians, images, and other related content (the “Content”) we have written; commissioned from medical writers; links to content from well respected sources (see our ‘Useful Links’ page for a list); and user submitted content, such as forum, message board and blogs’ postings, where users can post questions, discuss their stories, compare notes, etc. Some of the Content we write and/or commission may be written by medical and health experts and reviewed by medical experts before it is posted. Content submitted by users is not reviewed or verified by us. Content provided via the Useful Links page is the sole responsibility of the third party providing that content, and is neither review nor verified by us. We do not accept advertising on the Site. Everything we offer on the Site is referred to in these Terms of Use collectively as “the Services.” Most of what’s on the Site is viewable without registering with us, but to actively participate in our forums, message boards, blogs and/or store your information, you must register. Information on registration can be found below. Please review our Privacy Policy for additional information.

2. Changes to These Terms of Use – These Terms of Use govern your relationship with us and our suppliers. We may change these Terms of Use at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and Services, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms of Use have been updated. If you disagree with the changes to these Terms of Use, discontinue your use of the Site, or if you have registered, cancel your registration. We recommend that you print or copy any information you have stored through the Services prior to cancelling. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Use regularly.

3. Registration – In order to register, you will provide some basic information to us about yourself, such as your first and last name, email address, and optional information that won’t be publicly viewable, as your address, phone numbers, location and work information. During registration you will provide an e-mail address and create a password. These are your credentials for accessing Services that are only available upon registration, like the posting rights on the forums, message boards and blogs (“Credentials”). You will also select a screen name that will be your “username” on the Site. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others.

4. Your Personal Information – The FR Privacy Policy explains the information practices that apply to the personal information we have about you, as well as the choices you can make about the ways this information is used. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us. Additionally, you agree that we may use your Credentials to authenticate you on any Service or the Site.

5. Your Responsibilities – You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Please contact us if you believe your password may have been compromised. You may use the Site and Services for lawful, non-commercial purposes only. When participating in our communities you must comply with the Posting Guidelines. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

6. Limitation on Use of Automated Tools – You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information, and preclusion of any further access to the Site.

7. Changes to the Services – We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Use.

8. Links to Other Sites – The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

9. Additional Terms – Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

10. No Spam – You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may revoke your registration or stop your access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

11. Content You Post or Submit – The Site includes a community area, where members can post messages and information (“Postings”) such as forums, message boards, blogs, and personal stories, that can be accessed and viewed by others, including the public in general. When you submit Postings keep in mind that they are not confidential and that they can be copied and pasted on other personal and community websites. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may only post Postings to public areas on the Site that you created or that you have permission to post. You may not post Postings that violate these Terms of Use or the Posting Guidelines, and we reserve the right to block your ability to post and/or to access the Site and Services if you do. It is important that you act responsibly when providing these opinions. Please give clear, honest information about the doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. You also have the opportunity to give your opinion regarding articles and user contributed Content. Please be respectful and thoughtful with your ratings. Your ratings are considered Postings and must comply with the Posting Guidelines.
You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us and our affiliates a right and license to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose, unless you expressly ask us otherwise and/or choose to use an alias or screen name only for postings of your medical real life story.
While some community areas are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content by using the Report Abuse link in community areas, and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them.
In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property rights in and to any material that we create based upon or incorporating your feedback.

12. Your Use of Content – All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only, including the right to link information on a personal or community webpage, in accordance and subject to these Terms of Use. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain. Visit our Copyright Permission Page [link] for information on how you can request limited permission to reproduce certain Content from the Site.

13. Linking To This Website – You generally do not need to obtain permission from FR to put a text link on your site that links back to the fibroidrelief.org website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website:
The link must be a text-only link that clearly includes the phrases “fibroidrelief.org” or “Fibroid Relief.”
The link must “point” to a page on http://www. fibroidrelief.org /
If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page. For example, if the link points to the “About Reimbursement” area of the Site, the link should include the words “About Reimbursement – Fibroid Relief.”
The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with FR’s good name and trademarks
The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by FR.
The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows.
The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious

14. Important Notice about Information offered on the Site – The treatment centers, doctors and hospitals information is provided as a convenience to You and as a general reference for information regarding where to find places that treat uterine fibroids with focused ultrasound surgery. It is not intended to be the only means for verifying the credentials, qualifications, or abilities of any treatment center, physician or hospital listed in the Site. Inclusion of a treatment center, physician or hospital in the Site does not imply referral, endorsement, or recommendation by us or our suppliers, nor does omission of any individual or facility signify disapproval. Although we update the Site regularly, we do not guarantee that all physician and provider information is current and accurate. In addition, any ratings and reviews of treatment centers, doctors and hospitals by users of our site are opinions as expressed by these consumers. Any reliance upon this information is solely at your discretion and we make no representation that information provided by those posted ratings and reviews is complete or accurate. The provider, treatment center and hospital information, reviews and/or ratings may be based on historical information and practices and should not be considered any form of representation that such historical information or practices are still accurate or will continue in the future. We and our suppliers are not responsible for the medical treatment or lack of treatment that you receive from any doctor, treatment center or hospital in this Site. This information is not verified or fact-checked by us or our suppliers. You are solely responsible for any decisions or actions you take based on information provided in the Site.

15. International Use – The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

16. We Make No Warranties – WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A FOCUSED ULTRASOUND SURGERY FOUNDATION REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk.

17. We Do Not Provide Medical Advice – THIS SITE AND THE SERVICES OFFER HEALTH RELATED INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL AND RESEARCH PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

18. General Limitation of Liability – YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED ONE HUNDRED DOLLARS (US $100). WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

19. Termination – We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is canceled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time on the Account information page. We recommend that you transfer any information stored on the Site prior to terminating your registration.

20. Indemnification – Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

21. Electronic Contracting and Notices – Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Service.

22. Entire Agreement -This contract and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. Choice of Law and Location for Resolving Disputes – You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to conflict of laws rules. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in City of Charlottesville. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

24. Assignment – We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.

25. Procedures for Making Claims of Copyright Infringement – We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and email address so that we may contact you.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on this Site can be reached as follows:

By mail: [General Counsel]
Focused Ultrasound Surgery Foundation
213 Seventh Street, NE
Charlottesville, VA 22902

By phone: 434.220.4991
By email: copyright@fibroidrelief.org

This contact information is only for reporting copyright infringement. Please see the Contact Us section for contact information for other topics.

26. Trademarks – All trademarks appearing on the Site are the property of their respective owners, including, without limitation, FR. No right, license or interest to such trademarks is granted by this Agreement.