Terms of Use

Effective Date: July 23, 2024

Introduction

Welcome to www.faucherdirectcare.com (the “Website”), operated by Faucher Direct Care PC (“FAUCHER DIRECT CARE,” “Company,” “we,” or “us”). We are a direct primary care medical practice located in Worcester, Massachusetts.

These Terms of Use are entered into by and between you and FAUCHER DIRECT CARE. The following terms and conditions govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with FAUCHER DIRECT CARE and meet all of the foregoing eligibility requirements.

Intellectual Property

We provide information about our services, including frequently asked questions. All content provided on the Website is intellectual property that belongs to us, our licensors, or other providers of such materials, and is protected by United States and international intellectual property laws, including but not limited to copyright, trademark, patent, trade secret, and other proprietary rights laws.

You are permitted to download information from the Website for your own personal informational use only. You are not allowed to copy, distribute, adapt, or transmit content from this Website unless you have advance, written permission from us. You may not use or duplicate any FAUCHER DIRECT CARE logos, slogans, designs, or trademarks without advance, express written permission. To request permission, send an email to jarrod.faucher@faucherdirectcare.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You agree that all information you provide via this Website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Links to Other Websites

Except for our contracted third-party service providers, links on the Website that lead to outside services and resources are provided for convenience only. We do not control the accuracy or availability of those outside services and resources. Any concerns regarding any such service or resource, or any link, should be directed to the particular service or resource.

Third Party Content and Websites

We respect copyright and trademark laws. This Website may include content provided by third parties, and those creators retain all rights to their works, except where noted. All statements and/or opinions expressed in those materials are solely the opinions and responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of FAUCHER DIRECT CARE. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

SMS Communications

FAUCHER DIRECT CARE may communicate with patients and website users via SMS text messaging through Spruce Health, our contracted SMS platform provider. SMS communications are subject to separate SMS Terms of Service and SMS Privacy Policy, both available below on this page. You will only receive SMS messages from us after providing your separate, affirmative consent. You may opt out at any time by replying STOP to (508) 276-7109. SMS opt-in consent data will not be shared with any third parties for marketing or promotional purposes.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree that:

• You will not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website;
• You will not use any device, process, or means to monitor or copy any of the material on the Website without our prior written consent;
• You will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; and
• You will not otherwise attempt to interfere with the proper working of the Website.

No Guarantees

Though we strive to keep the information available on the Website current and accurate, errors and omissions can occur. We provide the information on the Website with no representations or guarantees of accuracy, completeness, or timeliness. FAUCHER DIRECT CARE will not be liable to you or any other person for any damages that result from the use or inability to use the Website, or as a result of any content, information, services, or resources made available through the Website.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT DUE TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FAUCHER DIRECT CARE NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. FAUCHER DIRECT CARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FAUCHER DIRECT CARE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF PROPERTY, PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CAUSE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless FAUCHER DIRECT CARE, its affiliates, licensors, and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, your violation of any applicable law or regulation, or the infringement by you of any intellectual property or other right of any person or entity.

About These Terms — General Provisions

If we do not immediately take action to address a violation of these Terms of Use, we are not waiving our rights to take action in the future. If any particular provision of these Terms of Use is found to be unenforceable, that provision will be severable and will not affect any of the other provisions.

This Website is owned and operated by us from our offices in Massachusetts. We provide this Website for use only by persons located in the United States. Your use of the Website will be governed by the laws of the Commonwealth of Massachusetts. The sole jurisdiction for any legal claim arising out of or related to your use of the Website will be an appropriate federal or state court located in Massachusetts.

At FAUCHER DIRECT CARE’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. The most current Terms of Use will be posted here on the Website and will be effective upon posting. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.