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Terms and Conditions for FAIMER® Website

Welcome to the Foundation for Advancement of International Medical Education and Research website (the "Site") owned and operated by the Foundation for Advancement of International Medical Education and Research ("FAIMER"). This agreement contains the terms and conditions upon which you (the "User") may access and use this Site (the "Terms and Conditions"). By visiting the Site, you, the User, acknowledge and accept these Terms and Conditions. FAIMER reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to you, and your continued use of the Site after reasonable notice of such modifications will be deemed your acceptance of any changes to these Terms and Conditions.

1. Grant of License. FAIMER grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions. 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 the Services. As a further condition of use of the Services, all Users warrant to FAIMER that they will not use the Services for any purpose that is unlawful, prohibited by any applicable regulation, or is otherwise inconsistent with these Terms and Conditions.

2. FAIMER User Name and Password Policy. Your use of certain portions of this Site requires a FAIMER User Name and password. You agree to be solely responsible for the confidentiality and use of your User Name and password, as well as for any communications entered through the Site using your User Name and password. You agree to (a) immediately notify FAIMER of any unauthorized use of your User Name and password or FAIMER account or any other breach of security, and (b) ensure that you exit from your FAIMER account at the end of each session. FAIMER reserves the right to delete or change a User Name and/or password at any time and for any reason. FAIMER cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

3. On-line Fellowship Applications. You may apply for the FAIMER Institute, FAIMER Regional Institutes, and FAIMER International Fellowship in Medical Education (IFME) programs through the Site. You agree to provide complete and accurate responses to all questions on the on-line application. You agree to be bound by all of the provisions set forth in the on-line application.

4. On-line Employment Applications. You may search for employment opportunities and apply for employment through the Site. You agree to provide complete and accurate responses to all questions on the on-line employment application. You agree to be bound by all of the provisions set forth in the on-line employment application, including the "Applicant’s Statement."

5. FAIMER 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. 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 FAIMER account information and application status is current as of the date indicated and is not a definitive status of your account unless so stated.

6. Communications and Electronic Signatures. You agree to accept all communications from FAIMER regarding use of the Site at the addresses you provide to FAIMER. Please promptly e-mail FAIMER with any changes to your information. FAIMER 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 FAIMER 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.

7. 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, FAIMER does not grant any express or implied right(s) to Users of this Site. Removing or altering the copyright notice on any material on this Site is prohibited. FAIMER owns a copyright in the Site as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancement of the Site’s content.

Unless otherwise indicated, all content on the Site is copyrighted by Foundation for Advancement of International Medical Education and Research. All rights reserved.

The FAIMER logo and all other trademarks, names, logos, and icons identifying FAIMER or FAIMER’s services are proprietary marks of FAIMER.

8. Privacy Policy. Please see FAIMER’s Privacy Policy for a summary of FAIMER’s practices regarding the collection and use of non-public personal information.

9. Compliance with Applicable Laws. User’s access to this Site is governed by all applicable local, state, national and international laws and regulations.

10. Code of Conduct. You agree not to do any of the following:

11. Links to Other Sites. FAIMER may offer links to other web sites ("third-party sites") that may offer various products, services, and/or information. These third-party sites have not necessarily been reviewed by FAIMER and are maintained by third parties over which FAIMER exercises no control. Accordingly, FAIMER expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.

12. Disclaimers. WHILE FAIMER ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, FAIMER 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 OR SERVICES AVAILABLE ON OR THROUGH THIS SITE. FAIMER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. THE SITE 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 FAIMER OR ECFMG AND ALL OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, 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 FAIMER 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.

13. Indemnity. You agree to defend, indemnify, and hold harmless FAIMER and ECFMG 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. FAIMER 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 FAIMER. You agree to cooperate as fully as reasonably required in FAIMER’s defense of any claim.

14. Submissions. FAIMER welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for FAIMER to adopt, use, copy, modify, distribute, transmit or display worldwide, or act on such Submissions without additional approval or consideration.

15. 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. FAIMER reserves the right to remove any material on the Site which allegedly infringes another person’s copyright. Notices to FAIMER regarding any alleged copyright infringement on the Site should be directed to: Elizabeth Ingraham. E-mail: eingraham@ecfmg.org. Phone: (215) 823-2108. Facsimile: (215) 387-9963.

16. Governing Law. This 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 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. The Site is controlled and operated by FAIMER from its office within the United States. FAIMER makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

17. Waiver. Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by FAIMER 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.

18. 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.

19. Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and FAIMER as a result of this Agreement or User’s utilization of this Site.

20. Entire Agreement/Reservation of Rights. These Terms and Conditions, together with the FAIMER Privacy Policy which are hereby incorporated as if set forth fully herein, represent the entire agreement between the User and FAIMER 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 FAIMER with respect to this Site. Any rights not expressly granted herein are reserved.

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[Posted July 5, 2006; updated August 31, 2006, October 26, 2006, November 20, 2008, June 1, 2016]