FLCCC Alliance Terms and Conditions
Last Updated: February 16, 2024
Welcome to www.covid19criticalcare.com. The Front Line COVID-19 Critical Care Alliance (“FLCCC Alliance,” “FLCCC,” “we,” “us,” or “our”) was organized in March 2020 by a group of highly published, world-renowned critical care physicians – with the academic support of allied physicians from around the world – to research and develop lifesaving protocols to prevent and treat COVID-19 in all stages of illness. We are a registered 501(c)(3) in Delaware.
These Terms and Conditions (“Terms”) govern your access to and use of the www.covid19criticalcare.com website subdomains and online services (“Services”) that we operate and that link to these Terms (collectively, the “Website” or “Site”). Please review these Terms carefully before using the Website because they are a legal contract between you and FLCCC. By using the Website, or by viewing anything made available through the Website, including our affiliated video postings or social media accounts (including but not limited to protocols, research papers, consultations, programs, videos, posts, e-newsletters, emails, social media posts and/or other communications or services (collectively, the “Services”), you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Website or the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted throughout the Website. You accept any changes to the Terms by continuing to use the Website after we post the changes. If you do not agree to the Terms, do not use the Website or our Services.
All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Website or the Services. If you use or access the Website or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. Our Website is not intended for those under the age of 18 – if you access this Website or the Services, you represent and warrant that you are at least 18 years of age.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION AND JURY TRIAL.
Nature of Content
The Website Content is educational and informational in nature and is provided only as general information and is not medical or psychological advice, opinion, diagnosis, treatment, or guarantee. The Website is not intended to create and does not constitute any professional relationship between the FLCCC Alliance (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the FLCCC Alliance’s independent contractors, experts, or agents. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject, and matter but is merely intended to serve as one resource for general and educational purposes.
Our Website Disclaimers are also expressly incorporated into these Terms, and you acknowledge and agree to them when you use the Website.
Privacy Notice
Our Privacy Policy and Notice is also incorporated into these Terms by reference and constitutes a part of these Terms. By using the Website, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy and Notice.
Prohibited Conduct
You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or in a manner that violates any law(s). For example, and without limitation, you may not:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide; Engage in unauthorized spidering, scraping, or harvesting of content or personal information, or use any other unauthorized automated means to compile information; Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website; Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited; Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to the FLCCC Alliance’s or its users’ computers or systems; Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”); Violate, or encourage any conduct that would violate, any applicable law or regulation; Engage in fraud or misuse of the Services;
Cause damage, embarrassment, or adverse publicity to the FLCCC Alliance; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Website or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.
User Communications
Unless specifically requested, the FLCCC Alliance does not wish to receive any confidential, proprietary, or trade secret from you via the Website (including via contact email made available on the Website) or via other communications such as phone messages, text messages, and/or emails. You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, texts, pictures, photographs, graphics, logos, illustrations, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques, or other materials submitted, posted, uploaded, sent, or otherwise transmitted to us (“User Content”). If you send the FLCCC Alliance any User Content, you grant the FLCCC Alliance a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license, and sublicense (through multiple levels) such User Content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any User Content, when you post comments to our Website, or via mentions on social media, you also grant us the right to use the name or username that you submit with any comment, review, or other content, in connection with the comment or other content.
You agree not to provide User Content that:
Infringes on the copyright, trademark, patent, or other intellectual property rights of any third party; Is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually explicit;
Violates a third party’s right to privacy or publicity; Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification; Contains epithets or other language or material intended to intimidate or incite violence; Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component; Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities or otherwise engages in commercial activity; or Violates any applicable local, state, national or international law, or advocates illegal activity. We are not obligated to use your User Content. We do not guarantee any confidentiality with respect to any User Content.
The obligations that you have to us under these Terms shall survive termination of the Website, any use by you of the Website, any User Content uploaded or sent through the Website or other means, or these Terms.
Intellectual Property/Copyright and Trademark
This Website contains content that is protected under the copyright, trademark and other intellectual property laws of the United States and other countries (“Content”) and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or elsewhere indicated on the Website, all intellectual property rights in the Content are owned by us or our third-party licensors to the full extent permitted under United States and international intellectual property laws, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. As an educational 501(c)(3) organization, FLCCC disseminates information sheets for public distribution.
FLCCC publishes content under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, which requires:
- Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- NonCommercial — You may not use the material for commercial purposes.
- NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material.
Your use of this Website does not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content (for instance, downloadable PDF information sheets intended for public distribution), provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Website, including the FLCCC Alliance name and logo, without our prior written consent. To request permission, you may provide a link to the top page of the Website unless and until the FLCCC Alliance gives notice that you must discontinue linking to the Website. You may not store electronically any significant portion of Content from this Website. The use of Content from this Website on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without our prior written approval.
FLCCC reserves the right, at its sole discretion, to modify, disable access to, or discontinue, temporarily or permanently, all or any part of this Website or any information contained thereon without liability or notice to you.
Americans with Disability Act Notice
If you have difficulty accessing or reading our pages due to a disability as we continue to build our site, please contact us at [email protected].
Claims of Infringement
The FLCCC Alliance respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the FLCCC Alliance will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. The FLCCC Alliance will disable and/or remove access to the Website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the FLCCC Alliance Copyright Agent the following information:
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website. Provide your mailing address, telephone number and, if available, email address. Include both of the following statements in the body of the Notice: “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to the FLCCC Alliance Designated Copyright Agent:
Copyright Agent
Front Line COVID-19 Critical Care Alliance
2001 L St NW Suite 500
Washington, DC 20036
Email: [email protected]
While the FLCCC Alliance considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
Third-Party Content and Links to Third-Party Websites
The Website may contain links to third-party content that take you outside of the Website and the Services (“Linked Sites”). In addition, certain Content may also be licensed from third parties and their Content may be subject to additional terms or restrictions. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for such Linked Sites or Licensed Content, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies. Use of any linked third-party content is at the user’s own risk. None of the links on this Site should be deemed to imply that the FLCCC Alliance endorses the Content or has any affiliation with the persons or entities associated therewith, nor have we attempted to verify the truth or accuracy of any such opinion, claim, or comment.
Testimonials and Endorsements
We post testimonials and endorsements for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Any testimonials or real-world experiences presented on this Website are for purposes of illustration only. Testimonials, endorsements, examples, and photos represent the views of one individual and the results they have personally achieved or are comments from individuals who can speak to our character and/or the quality of our work. Results vary and these testimonials and endorsements do not constitute a warranty, guarantee, or prediction regarding the outcome of any past, ongoing, or future conversation or interaction with you.
No Credentialing
To the extent the Website lists consultants (“Practitioners”), we are merely a directory and do not certify or credential Practitioners and shall not be liable for certifying or credentialing Practitioners. We make no representations or warranties about any Practitioner, nor do we have any responsibility over, or for supervising, any outside clinical practice such Practitioner may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any Practitioner. The inclusion of a list of Practitioners on the Website does not imply recommendation, referral, or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.
We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Practitioner. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Practitioner that may be mentioned on the Website. We do not make any treatment decisions.
You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Practitioners have the background, certification, and licensing they claim to have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website Content including Practitioner profiles.
Indemnification
You agree to defend, indemnify, and hold harmless the FLCCC Alliance, its officers, directors, affiliates, agents, and employees, from and against any claims, losses, damages, fines, penalties, or other liabilities in any way associated with: Use of and access to the Website or Services; Violation of any of these Terms; Violation of any third party right, including any copyright, trademark, trade secret or privacy right related to your User Content (as applicable) or use of this Website.
Education, Not Medical Advice; No Doctor/Patient Relationship
FLCCC provides users with online access to learn about FLCCC’s efforts to evaluate and recommend optimal treatments for COVID-19 based on clinical experience and evaluation of the best available research. The description of these approaches does not create a doctor/patient relationship with the user, nor a consultation relationship with the user’s physician. Information is not intended as a replacement for diagnosis or treatment by your doctor. Nothing on this Website provides medical advice or any form of diagnosis or treatment of any kind to users. Medical decisions should be made by the patient’s physician or another authorized healthcare provider, who can consider and review FLCCC materials and have knowledge of the patient’s medical history and condition. All information provided by FLCCC or in connection with the Website is offered to promote consideration by trained healthcare professionals of possible treatments and for general informational purposes and is not medical advice to users.
Status of Recommendations
FLCCC’s COVID-19 protocols have been developed by experienced physicians treating COVID-19 patients; at this time, they have not been adopted as medical consensus. While clinical experience and research to date are promising, recommendations may be subject to controversy and differences of opinion among medical authorities. Public health agencies and regulatory bodies may have taken positions that are contrary to the views expressed on this Website. The US Food and Drug Administration (FDA) has not approved ivermectin specifically for COVID-19 or other repurposed medications in the FLCCC treatment protocols suggested for treatment, such as hydroxychloroquine or fluvoxamine. Such medications are repurposed drugs and recommended for uses other than their FDA originally approved uses. This is a common practice in medicine known as “off-label” use.
Public Health Notice
The role of the I-PREVENT Protocol as part of other preventative measures is a determination that should be made with appropriate medical advice.
FDA Dietary Supplement Notice
The dietary ingredients discussed are not intended for use by consumers to diagnose, treat, cure, or prevent any disease. The information contained on this Website has not been evaluated by the Food and Drug Administration.
Use of information; No Guarantees, Warranties; Website and Medical Services
This site represents FLCCC’s effort to provide educational material, which reflects the judgment of its professional staff; this is not a peer-reviewed journal, a sponsored publication, or the product of gatekeeping and editing beyond the FLCCC organization. Neither FLCCC nor its principals or any individual associated with FLCCC are responsible or liable for the use or misuse of the information provided whatsoever or of the content of any websites accessed through links on this Website. Reliance on any information provided by FLCCC or its staff is solely at your own risk. This Website and any of the links it contains are for educational, informational, and service/product description purposes only.
COVID-19 is a serious disease whose outcome depends on numerous factors including pre-existing conditions and timing of treatment. No guarantees can be made that patients will experience benefit or not suffer adverse effects. The information provided in or through this Website pertaining to your health or wellness is not intended to be a substitute for professional medical advice, nor is it intended for direct use by consumers to diagnose, cure, treat, or prevent any medical problem. Always seek the advice of a qualified health professional regarding any questions or concerns you have about your specific health or any medications or dietary supplements you are currently taking before implementing any recommendations or suggestions from this Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. No recommendations are being made for you to start, change, or discontinue any treatment being provided by a qualified health professional. If you have or suspect that you have a medical health problem, contact a qualified health professional promptly. If you are experiencing a medical emergency, dial 911 or visit your closest Emergency Room. Do not use this Website for emergency situations.
Medical Center Affiliations
Many of the physicians and other healthcare practitioners serving and supporting FLCCC’s mission are on staff or otherwise affiliated with hospitals or medical centers. The views expressed by FLCCC and individual FLCCC physicians and clinical advisors are their own and do not necessarily reflect the view of their hospital or medical center. Statements on the FLCCC site should not be taken as a reflection of the view of any other organization and any liability on the part of any hospital or medical center is hereby disclaimed.
Affiliates
FLCCC may promote, market, affiliate with, or partner with other individuals or businesses in exchange for affiliate commission or financial compensation. We only recommend products or services we use personally or for our patients and believe will add value to our visitors. You agree that any such promotion or marketing does not serve as an endorsement. You are still required to use your own judgment to determine that any such program, product, or service is appropriate for you. You are accessing this affiliate program, product, or service at your own risk. You agree that we are not liable in contract, tort, or any other cause of action for any program, product, or service we may promote, market, share, or sell on or through this Website.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE WEBSITE OR OTHERWISE BY THE FLCCC ALLIANCE; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY THE FLCCC ALLIANCE OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, THE FLCCC ALLIANCE DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE WEBSITE OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE; OR (2) THAT THE WEBSITE, WEBSITE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE FLCCC ALLIANCE (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, STAFF, EMPLOYEES, OR ANY INDIVIDUAL OR PRACTITIONER ASSOCIATED WITH FLCCC, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE FLCCC ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE FLCCC ALLIANCE’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, OR EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FLCCC ALLIANCE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FLCCC ALLIANCE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
Applicable Law; Jurisdiction
These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of Wisconsin, as applicable, without giving effect to their principles of conflicts of law. By using the Website, you waive any claims that may arise under the laws of other countries or territories.
Dispute Resolution; Class Action Waiver
With respect to any and all disputes arising out of or in connection with the Website or these Terms (including, without limitation, the Privacy Notice), the FLCCC Alliance and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and the FLCCC Alliance do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. By your use of this site, you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the FLCCC Alliance will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. The FLCCC Alliance and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in Madison, Wisconsin, or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the FLCCC Alliance is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
Separate Terms and Conditions
In connection with your use of the Website, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Website. Any supplemental terms will not vary or replace these Terms regarding any use of the Website, unless otherwise expressly stated.
Miscellaneous
These Terms constitute the entire agreement between the FLCCC Alliance and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the FLCCC Alliance as a result of these Terms or your access to and use of the Website. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
FLCCC is organized as a 501(c)(3) Organization under the Internal Revenue Code. It serves educational and advocacy purposes. Donations are tax-deductible; donors are always advised to consult their accountant. Requests for annual statements or other public documents may be sent to [email protected]
Contact Information
If you have any questions about the Terms, please contact us at:
Front Line COVID-19 Critical Care Alliance
2001 L St NW Suite 500, #50108
Washington, DC 20036
Email: [email protected]
FLCCC Privacy Policy and Notice of Information Practices
Last Updated: September 26, 2022
The FLCCC Alliance respects the privacy of visitors to our websites and online services and values the confidence of our partners, patients, and employees. This Privacy Policy and Notice of Information Practices (“Privacy Notice”) sets forth the FLCCC Alliance’s practices regarding the collection, use and disclosure of information that you may provide through the website(s) that we operate, their subdomains, and all portals, applications, products, services, events and any interactive features, applications or other services that link to this Privacy Notice (“Website” or “Site”), as well as Personal Information provided to the FLCCC Alliance by any means. Additional privacy disclosures may be made at the time of collection of the information. Please read the entire Privacy Notice before using our Website or our Services. By using the Website, you agree to abide by the terms of this Privacy Notice. This Privacy Notice is also part of our Terms and Conditions, which govern your use of the Website.
Your Safety and the Security of Your Personal Information
As with all information on the internet, we urge our users to proceed with caution to maintain their digital privacy. Our priority is your safety and security online. We only use the information you provide to us to provide you with the services we offer, and we will not ask you for information that is not required for our services. Please do not provide us with additional personal or health information if it has not been requested, and do not provide us with protected health information of any patient. If you provide us with personal information, such as uploading a photo or video to our social media or commenting on another user’s video, please make sure that your content does not include personal information that could be used to specifically identify you or those around you, such as full names, physical addresses or locations, passwords, or other personal information that is not available to the public.
Please note that email sent to or from FLCCC is not encrypted, and such information is not secured. Email communication also is not compliant with HIPAA security standards, and any personal information, including protected health information, could be exposed if sent through insecure means. FLCCC is not responsible for the privacy or security of information sent via email and disclaims any liability under HIPAA or other federal, state, or international laws relating to information privacy.
While we maintain a variety of security procedures to help protect against loss, misuse, unauthorized access, disclosure, alteration, or destruction of the information you provide through the Website, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.
Collection of Information
We may ask you for some or all of the following types of information when you access various content or features of the Website or submit content, or directly contact us:
Contact information, such as name, email address, postal address, organization, and telephone number; The contents of your message to us in any “Contact Us” form, email communication, or telephone call; If you request to join the Alliance, we may ask for your medical specialty, city, state and country, URL address, hospital or organizational affiliation, or the components of FLCCC Protocols you have used and your comments or observations on the protocols’ use; Online identifiers, such as Internet Protocol (“IP”) address, cookies, username, and password;
Information from social media and payment processor (such as PayPal) accounts; Language preference; Search queries; and Correspondence and other information that you send to us.
We also may collect certain information automatically when you visit the Website, including: Your IP address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area; Other unique identifiers, including mobile device identification numbers (e.g., IDFA, Android/Google Advertising ID, IMEI); Your browser type and operating system; Your device characteristics; Sites you visited before and after visiting the Sites; Pages you view and links you click on within the Sites, including remembering you and your preferences; Your device location and/or other geolocation information, including the zip code, state, or country from which you accessed the Sites; Information collected through cookies, web beacons and other technologies; Information about your interactions with email messages, such as the links clicked on and whether the messages were received, opened, or forwarded.
Standard Server Log Information
We may use cookies, pixel tags, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. By using the Website, you consent to our use of cookies and similar technologies. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products, services, or features on the Website.
Use of Information
We may use information that we collect through the Website or in person for a variety of purposes, including to:
Operate and improve our Website, products, information, and services; Understand you and your preferences to enhance your experience and enjoyment using our Website, products, and services; To perform our contractual obligations with you and with others; Respond to your comments and questions; Provide and deliver products, information, or services you request; Meet our audit, compliance, and regulatory obligations as a non-profit; Send you information, including emails, newsletters, confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; Communicate with you about upcoming events and news about products, information, and services offered by the FLCCC Alliance or our affiliates; Link or combine with other personal information we get from third parties, to help understand your needs and provide you with better service; provide statistics or research on issues relating to the Alliance; Comply with a law, court order, or other judicial or administrative process; Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and As otherwise described to you at the point of collection or pursuant to your consent.
Sharing of Information
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
Corporate Parents, Partners, and Affiliates. As applicable, we may share your information with affiliated entities for a variety of purposes, including research, business, operational and marketing purposes.
Service Providers. We may share your information with service providers that perform certain functions or services on our behalf (such as host the Website, manage databases, process data, third-party payment processors, perform analyses or send communications for us).
Other Parties When Required by Law or as Necessary to Protect the Website. We may disclose your information to third parties in order to: protect the legal rights, safety, and security of the FLCCC Alliance, affiliates, and the users of our Website; enforce our Terms and Conditions; prevent fraud (or for risk management purposes); and comply with or respond to law enforcement or legal process or a request for cooperation by a government entity, whether or not legally required.
In Connection with a Transfer of Assets. If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
Other Parties with Your Express or Implied Consent. We may share information about you with third parties when you consent to such sharing (e.g., if you use a link to share an article from the Website to social media, or if you ask us to provide your information to a third party).
Aggregate Information. We may disclose to third parties information that does not describe or identify individual users, such as aggregated website usage data or demographic reports, or research results. This information is not considered personal information. In addition, we may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the Website. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable some of these technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Website may no longer be available to you. You understand that when you use the Website, these analytics providers may collect information related to your use of the Website. You may have more options in our
Response to “Do Not Track” Signals
Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. However, because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals.
Children’s Privacy
The FLCCC Alliance respects the privacy of children, and no part of our Site is targeted to attract anyone under the age of 18. The FLCCC Alliance does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent. If you believe we have information regarding a child under the age of 18 that you have not authorized, you may contact us at [email protected] to request deletion of that information.
International Transfers of Information
If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. Your information, including your Personal Information, may be transferred to – and maintained on – computers located in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. Your consent to this Privacy Notice, followed by your submission of your information represents your agreement to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States.
The FLCCC Alliance will take all the steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Notice and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Your Choices Regarding Your Personal Data
If you receive emails or other communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, or by contacting us directly at our contact information below. If you opt out, we may still send you non-promotional emails, such as emails about our ongoing business transactions (such as a donation receipt). We ask that you keep your information updated, and you may request changes or updates to your personal information by sending a request to us at [email protected]. Users in certain jurisdictions may have additional rights, as outlined below.
Your Data Protection Rights Under the General Data Protection Regulation (GDPR)
If you are a resident of or located within the European Economic Area (“EEA”), you have certain additional data protection rights. These rights include:
- The right to access, update or delete the information we have on you. Whenever possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Information.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where the FLCCC Alliance relied on your consent to process your personal information.
Legal Basis for Processing Personal Information Under GDPR
In most instances, the FLCCC Alliance is a controller of Personal Information; however, in some instances, the FLCCC Alliance may be a processor of Personal Information. FLCCC Alliance’s legal basis for collecting and using the Personal Information described in this Privacy Notice depends on the Personal Information we collect and the specific context in which we collect it.
The FLCCC Alliance may collect or process your Personal Information because:
- We need to provide a service to you;
- You have given us your consent to do so;
- The processing is in our legitimate interests, and it is not overridden by your rights; or
- To comply with the law.
Retention of Information
The FLCCC Alliance will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The FLCCC Alliance will also retain Personal Information and usage data for internal analysis purposes. Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site or we are legally obligated to retain this data for longer periods.
Disclosure of Personal Information
Disclosure for Law Enforcement – Under certain circumstances, the FLCCC Alliance may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Legal Requirements
The FLCCC Alliance may disclose your Personal Information in the good faith belief that such action is necessary to:
To comply with a legal obligation; To protect and defend the rights or property of the FLCCC Alliance; To prevent or investigate possible wrongdoing in connection with the Service; To protect the personal safety of users of the Service or the public; and/or To protect against legal liability.
Exercising Your Rights Under GDPR
If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the details in the Contact Information section below. You may make a request related to your personal information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.
Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.
Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us at [email protected].
For more information about GDPR, please contact your local data protection authority in the EEA.
Your Additional Data Protection Rights Under the Lei Geral de Proteção de Dados (LGPD)
If you are located in the national territory of Brazil, you have certain additional data protection rights under the Lei Geral de Proteção de Dados (“LGPD”). These rights include:
The right to confirmation of the existence of the processing; The right to access the data; The right to correct incomplete, inaccurate, or out-of-date data; The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD; The right to the portability of data to another service or product provider, by means of an express request; The right to delete personal data processed with the consent of the data subject; The right to information about public and private entities with which the controller has shared data; The right to information about the possibility of denying consent and the consequences of such denial; and The right to revoke consent.
Legal Bases for Processing Data Under the LGPD
The FLCCC Alliance’s legal bases for collecting or processing your Personal Information are as follows:
- We need to provide a service to you;
- You have given us your consent to do so;
- The processing is in our legitimate interests, and it is not overridden by your rights; or
- To comply with the law.
Duration of Processing
The FLCCC Alliance will process and retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
The FLCCC Alliance will also retain Personal Information and usage data for internal analysis purposes. Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site or we are legally obligated to retain this data for longer periods.
Exercising Your Rights Under the LGPD
If applicable, you may exercise any of your rights under the LGPD by submitting a verifiable data subject request to us by using the details in the Contact Information section below. You may make a request related to your personal information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of Brazil in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in order to obtain the information. We will respond to your request within 15 days or let you know if we need additional time.
California – Shine the Light Act – Third Party Marketing
California Civil Code Section 1798.83 permits California residents to request information regarding the disclosure of their personal information to third parties for the third parties’ direct marketing purposes. At this time, the FLCCC Alliance does not share any personal information with third parties for their direct marketing purposes. Furthermore, as a non-profit 501(c)(3), FLCCA is not subject to the California Consumer Privacy Act (CCPA) at this time.
Social Networking Services
The FLCCC Alliance may work with certain third-party social media providers to offer you their social networking services through our Website. For example, you can use third-party social networking services, including but not limited to Facebook, Twitter, and others to share videos and other information about your experience on our Website with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Website. These third-party social networking services also may notify your friends, both on our Website and on the social networking services themselves, that you are a user of our Website or about your use of our Website, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
Use of SMS
FLCCC does not use SMS to conduct marketing campaigns, however, we are required to provide the following disclaimer: By providing my phone number to “FLCCC”, I agree and acknowledge that “FLCCC” may send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and you will be able to Opt-out by replying “STOP”. For more information on how your data will be handled please see the privacy policy statement below.
Privacy policy: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Policy Updates
This Privacy Notice may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display a ‘last updated’ date on the policy so that it will be easier for you to know when there has been a change. If we make any material change to this Privacy Notice regarding use or disclosure of personal information, we will provide advance notice through the Website. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. If you are concerned about how your personal information is used, please visit our Site often for this and other important announcements and updates.
Contact Information
If you have any questions about this Privacy Notice, please contact us at:
Privacy Officer
Front Line COVID-19 Critical Care Alliance
2001 L Street NW, Suite 500
Washington DC 20036
Email: [email protected]
