The following is a partial list of the type of actions that you may not engage in with respect to the Site or Service:
- You will not impersonate any person or entity.
- You will not express or imply that any content on the Site is endorsed by FSMB without its specific prior written consent.
- 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 interfere with or disrupt the Service, or the servers or networks connected to the Service or Site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- 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 Site or Service, 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.
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.
The information on this Site CANNOT be used for credentialing or privileging purposes. For credentialing entities needing to meet the standards of the Joint Commission (JCAHO), National Committee for Quality Assurance (NCQA) or the Utilization Review Accreditation Committee (URAC), please visit FSMB's Physician Data Center for the necessary information.
The FSMB reserves the right to view, monitor, and record activity on this Site without notice to, or permission from, you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if FSMB believes in good faith that applicable law, regulation, or legal process requires it; (b) if such disclosure if necessary or appropriate to operate this Site or Service; or (c) to protect its rights or property or the rights or property of its users and affiliates.
In order to protect the integrity of the Site or Service, FSMB reserves the right at any time in its sole discretion to block Accounts or vistors from certain IP addresses from accessing the Site.
FSMB owns and retains all proprietary rights in the Site and the Service. The Site and Service may 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.
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 Site or 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.
The licensure and disciplinary information provided on this Site and in connection with the Service has been provided to the FSMB by its member state medical and osteopathic boards. The information is refreshed on a regular, periodic basis, but is not to be considered real-time. Disciplinary information provided as part of the Service represents only final, public actions taken by a state medical or osteopathic board against a physician. The disciplinary information does not include current investigations or actions currently under review or appeal. Real-time disciplinary information may be available from individual state medical and osteopathic boards. For the contact information of a board, please visit https://www.fsmb.org/contact-a-state-medical-board/.
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 or any of its affiliates, advertisers, promoters or distribution partners 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 any interactions between users of the Site, whether online or offline. The Site and Service, and any information contain on it, 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 or Service.
In addition to the preceding paragraph and other provisions of this Agreement, any information 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 physician.
Information on a physician's certification provided on the Site or in connection with the Service is proprietary data maintained in a copyrighted database compilation owned by the American Board of Medical Specialties, or has been provided by the American Osteopathic Information Association, and all copyrights apply all rights are reserved by these original sources of this information.
The Site or 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.
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.
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.
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.
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.
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.
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.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
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.
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.