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The
Foundation for Medical Practice Education
Web Site Agreement
The fmpe.org Web Site (the "Site") is an online information service provided
by The Foundation for Medical Practice Education ("fmpe.org "), subject
to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. fmpe.org MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are fmpe.org,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
materials. You agree to grant to fmpe.org a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to fmpe.org by all means and in any media
now known or hereafter developed. You also grant to fmpe.org the right
to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no
recourse against fmpe.org for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to fmpe.org.
TRADEMARKS
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of fmpe.org. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of
the Site.
You understand that, except for information, products or services clearly
identified as being supplied by fmpe.org, fmpe.orgdoes not operate, control
or endorse any information, products or services on the Internet in any
way. Except for fmpe.org- identified information, products or services,
all information, products and services offered through the Site or on
the Internet generally are offered by third parties, that are not affiliated
with fmpe.org a. You also understand that fmpe.org cannot and does not
guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
fmpe.org PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
fmpe.org SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. fmpe.org DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. fmpe.org HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT
WILL fmpe.org BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE,
OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF fmpe.org OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, fmpe.org LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
fmpe.org
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non-fmpe.org web site, please understand that it is independent
from fmpe.org, and that fmpe.org has no control over the content on
that web site. In addition, a link to a fmpe.org web site does not mean
that fmpe.org endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless fmpe.org, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third
Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of fmpe.org and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its own
behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Canada applicable to agreements made and to be performed in
Canada. You agree that any legal action or proceeding between fmpe.org
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Canada . Any cause of action or claim
you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause
of action is barred. fmpe.org's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this
Agreement. fmpe.org may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights
not expressly granted herein are reserved.
COPYRIGHT
NOTICE.© 1999-2001 PriorityDigital.com.
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