Terms of Use Agreement

Last revised on Jan 15, 2014

This Terms of Use Agreement ("Agreement") contains the terms and conditions upon which you may access and use the FSMB services (the "Service") available through www.fsmb.org website and all other websites operated by the FSMB ("Site").

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site. This Agreement may be modified by the FSMB from time to time, such modifications to be effective upon posting by the FSMB on the Site. This Agreement includes FSMB's Acceptable Use Policy for Content Posted on the Website, FSMB's Privacy Policy, and any notices regarding the Site or Services.

To agree to these terms, click "Agree". If you do not Agree to these terms, do not click "Agree", and do not use the Site or Services.

Products. The products and features ("Product" or "Products") available via this Site are provided by the Federation of State Medical Boards ("FSMB").
Account. In order to use and purchase Products, you must complete the registration process and create an account ("Account") with the FSMB. You must establish an user identification ("User ID") and password. By creating an Account you certify that you are eighteen (18) years or older and that all of the information provided incident to your registration is true, accurate, complete, and up to date. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You further agree to abide by all of the terms and conditions concerning your use of the Service, including any specific terms and conditions relation to particular Products that you purchase.
Account Information. You must provide current, complete and accurate information for your Account. You must promptly update all information to keep your Account current, complete and accurate (such as a change in billing address), and you must promptly notify FSMB if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your User ID or password). Changes to Account information can be made at Account Settings on the Site. If you fail to provide FSMB any of the foregoing information, you agree that you are responsible for fees accrued under your Account.
Account Security. You are responsible for maintaining the confidentiality of your User ID and password and you are responsible for all activities that occur under your username and password. You agree to immediately notify FSMB of any unauthorized use of your User ID or password or of any other breach of security. You agree to ensure that you exit from your Account at the end of each session. FSMB will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your User ID, password, or other Account information.
Payment Authorization. By placing an order for a Product, you authorize FSMB to send you a monthly invoice detailing your charges and you agree to pay the invoice within 30 days of the invoice date. You authorize FSMB to charge you any sales or similar taxes that may be imposed on purchased Products. You agree to pay for the Products in U.S. Dollars. In the event of nonpayment of an invoice, FSMB may suspend access to your Account and your Account may be subject to termination without notice. All sales of Products are final and you will not be entitled to a refund for any Product once it is delivered to you.
Prohibited Activities. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

b. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
You will not "frame" or "mirror" any part of the Service or Site, without FSMB's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to FSMB, the Service, or Site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or Site or cause others to do so.

Termination of Account. Your Account will remain active until terminated. You may terminate your Account at any time, for any reason, by contacting FSMB. FSMB reserves the right to investigate and terminate your Account if you have misused the Site, any Products, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. If you fail to comply with any of the provisions of this Agreement, the FSMB, at its sole discretion, without notice to you may (i) terminate this Agreement and/or your Account, and you will be liable for all amounts due under your Account, up to and including the date of termination or (ii) prohibit your access to Products. FSMB is not required, and may be prohibited, from disclosing a reason for the termination of your account.
Modifications to Service. FSMB reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or the Site (or any part thereof) with or without notice. You agree that FSMB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Site.
Blocking of IP Addresses. In order to protect the integrity of the Service, FSMB reserves the right at any time in its sole discretion to block Accounts or visitors from certain IP addresses from accessing the Site.
Proprietary Rights. FSMB owns and retains all proprietary rights in the Site and the Products. The Site and Products contain the copyrighted material, trademarks, and other proprietary information of FSMB. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. The use of the Service for such activities, except as permitted in this Agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Privacy and Communications. Use of the Site and the Service is also governed by our Privacy Policy. When you establish an Account, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the FSMB Privacy Policy for more information regarding these communications.
Disclaimers. FSMB is not responsible for any incorrect or inaccurate information posted on the Site or in connection with the Service, whether caused by users of the Service or by any of the equipment or programming associated with or utilized in the Service. FSMB is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. FSMB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or Service. FSMB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Accounts or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. If there is a system error or other problem concerning your Account, you agree to promptly notify the FSMB.

Under no circumstances will FSMB be responsible for any loss or damage, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Account users, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and FSMB expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FSMB cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. FSMB makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FSMB has no control over such sites and resources, you acknowledge and agree that FSMB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FSMB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will FSMB be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if FSMB has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FSMB's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FSMB for the Service provided.
U.S. Export Controls. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against FSMB in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against FSMB any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and FSMB (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FSMB (except for small-claims court actions) may be commenced only in the federal or state courts located in Tarrant County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Governing Law. This Agreement, and any dispute between you and FSMB, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnification. You agree to indemnify and hold FSMB, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service and Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and a self addressed stamped envelope to: FSMB, 400 Fuller Wiser Road, Euless, TX 76039.
Entire Agreement. This Agreement constitutes the entire agreement between you and the FSMB and governs your use of the Service and Site, superseding any prior agreements between you and the FSMB. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by FSMB at any time.