Welcome to the Educational Commission for Foreign Medical Graduates web site (the "Site") owned and operated by the Educational Commission for Foreign Medical Graduates ("ECFMG"). This Agreement contains the terms, covenants, conditions, and provisions (the "Terms and Conditions") upon which you (the "User") may access and use this Site.
By visiting the Site, you, the User, indicate that you understand these Terms and Conditions and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree to these Terms and Conditions, please discontinue your use of the Site.
Please note that ECFMG reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
1. Grant of License. This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to ECFMG that they will not use this Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms and Conditions.
2. Password Policy. Your use of certain portions of this Site requires a USMLE™/ECFMG Identification number and password. Anyone with knowledge of your password can gain access to the restricted portions of this Site, your account and/or other information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password, as well as for any communications entered through the Site using your password. You agree that ECFMG shall not be under any duty to inquire as to the authority or propriety of any instructions given to ECFMG by you or under your password; ECFMG will not be liable for any loss, cost, expense or other liability arising out of any such instructions. You agree to (a) immediately notify ECFMG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ECFMG reserves the right to delete or change a password at any time and for any reason. ECFMG cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Account Access. You understand that your use of the Site may involve the transmission to and from you of information that may be considered personal and/or financial information. You consent to the transmission by electronic means of such information through the Site, and such consent shall be effective at all times that you use the Site. You understand that your account information is current as of the date indicated and is not a definitive statement of your account.
4. Provision of Information. When you provide information to ECFMG through the Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from ECFMG for any purpose.
5. Notices, Communications, and Electronic Signatures. You agree to accept all communications from ECFMG regarding use of the Site at the addresses you provide to ECFMG. Please promptly update any changes to your information by either (1) updating such information on-line by accessing OASIS or (2) completing a Request to Change Applicant Contact Information (Form 182) and returning it to ECFMG. You can download Form 182 from the Site or contact ECFMG to obtain a copy. ECFMG is entitled to rely on the e-mail address and mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or mail address not communicated to ECFMG as specified above.
You agree to be bound by any affirmance, assent or agreement you transmit through the Site. You agree that, when in the future you visit the Site, your agreement or consent to these Terms and Conditions will be legally binding and enforceable and the legal equivalent of your handwritten signature.
6. Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, ECFMG does not grant any express or implied right(s) to Users of this Site. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than ECFMG. Removing or altering the copyright notice on any material on this Site is prohibited. ECFMG owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's content. ECFMG®, CSA®, FAIMER®, the ECFMG logo and all other trademarks, names, logos, and icons identifying ECFMG or ECFMG's services are proprietary marks of ECFMG.
7. Privacy Policy. Please see ECFMG's Privacy Policy for a summary of ECFMG's practices regarding the collection and use of non-public personal information. For privacy practices specific to the Step 2 Clinical Skills Scheduling Web Site, please see this site's User Agreement. Acceptance of these Terms and Conditions constitutes consent to ECFMG's collection and use of non-public personal information as outlined therein.
8. Compliance with Applicable Laws. User's access to this Site is governed by all applicable federal, state and local laws.
9. Code of Conduct. You agree not to do any of the following:
10. Assumption of Risk. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While ECFMG has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, ECFMG and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
11. Law Enforcement. ECFMG reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. ECFMG will also comply with all court orders involving requests for such information.
12. Links to Other Sites. ECFMG may offer links to other web sites ("third-party sites") that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. ECFMG cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. ECFMG does not endorse any of the products or services offered in any third-party sites. Further, ECFMG has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
13. Events Beyond ECFMG's Control. Users expressly absolve and release ECFMG from any claim of harm resulting from a cause beyond ECFMG's control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
14.DISCLAIMERS. WHILE ECFMG ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, ECFMG MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. ECFMG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL ECFMG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ECFMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, ECFMG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED $1,000.00.
15. Indemnity. You agree to defend, indemnify, and hold harmless ECFMG and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. ECFMG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ECFMG. You agree to cooperate as fully as reasonably required in ECFMG's defense of any claim.
16. Submissions. ECFMG also welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for ECFMG to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.
17. Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. ECFMG reserves the right to remove any material on the Site which allegedly infringes another person's copyright. Notices to ECFMG regarding any alleged copyright infringement on the Site should be directed to: Elizabeth Ingraham, Manager, Publications & Special Projects, ECFMG. E-mail: eingraham@ecfmg.org. Phone: (215) 823-2108. Facsimile: (215) 387-9963.
18. Governing Law. This Agreement, excluding the IMED User Agreement, has been made in, and will be construed and enforced in accordance with the laws of the commonwealth of Pennsylvania, as applied to agreements entered into and completely performed in the Commonwealth of Pennsylvania. Any action to enforce this Agreement, excluding the IMED User Agreement, will be brought in the federal or state courts presiding in Pennsylvania, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by ECFMG from its offices within the United States. ECFMG makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
19. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by ECFMG of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
20. Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
21. Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and ECFMG as a result of this Agreement or User's utilization of this Site.
22. Anti-Hacking. You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others, including, but not limited to passwords, account or other information.
23. Entire Agreement/Reservation of Rights. These Terms and Conditions, together with the ECFMG Privacy Policy, the Step 2 Clinical Skills Scheduling Web Site User Agreement, and the IMED User Agreement, which are hereby incorporated as if set forth fully herein, represent the entire agreement between the User and ECFMG with respect to use of and material available on or through this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and ECFMG with respect to this Site. Any rights not expressly granted herein are reserved.