Welcome to the World Directory of Medical Schools website and its services (collectively, the “Services”) owned and operated by the World Federation for Medical Education (“WFME”) and the Foundation for Advancement of International Medical Education and Research (“FAIMER”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User”) may access and use the Services.
By using the Services, 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 that you accept such Terms and Conditions and are legally bound by them. If you do not agree to these Terms and Conditions, please discontinue your use of the Services.
WFME and FAIMER reserve the right to change the Terms and Conditions under which the Services and their offerings are extended to you. Your continued use of the Services following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
1. Grant of License. WFME and FAIMER grant you, the User, a personal, revocable, non-exclusive, non-transferable license to use the Services conditioned on your continued compliance with these Terms and Conditions. Users may print and download materials and information from the Services 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 represent and warrant to WFME and 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. Users and User IDs. Your use of certain portions of the Services requires authentication of your identity through provision of a user ID, password, and, in some cases, answers to challenge questions (“User ID”). No User ID may be transferred from one individual to another individual without the express written permission of WFME and FAIMER.
Anyone with knowledge of your User ID can gain access to the restricted portions of the Services, your account and/or other information, and transactions available to you. Accordingly, you will keep your User ID confidential. By agreeing to these Terms and Conditions, you are solely responsible for the confidentiality and use of your User ID, as well as for any communications entered through the Services using your User ID. WFME and FAIMER shall not be under any duty to inquire as to the authority or propriety of any instructions given to WFME and FAIMER by you or under your User ID. WFME and FAIMER will not be liable for any loss, cost, expense or other liability arising out of (directly or indirectly) any such instructions. You agree to (a) immediately notify WFME and FAIMER of any unauthorized use of your User ID, or your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WFME and FAIMER reserve the right to delete or change a User's User ID at any time and for any reason. WFME and FAIMER will not be liable for any loss or damage arising from your failure to comply with this Section 2.
FME and FAIMER reserve the right to view, monitor and record your use of the Services, including, without limitation, your navigation, searching, and usage statistics. WFME and FAIMER may also use data it collects for editorial and feedback purposes, for WFME and FAIMER marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, or to customize the content and layout of the web site. Aggregated and anonymized data on Users activity may be used by WFME and FAIMER for its internal, marketing and other purposes.
You are responsible for (a) obtaining and maintaining computer hardware, software, network infrastructure and ancillary services (collectively, the “Equipment”) to connect to, access or otherwise use the web site or the Services, (b) paying third party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the website or the Services, and (c) ensuring that the Equipment is compatible with the website or the Services.
3. Account Access. You understand that your use of the Services 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 Services, and such consent shall be effective at all times that you use the Services. 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 WFME and FAIMER through the Services, such information will be 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 WFME and FAIMER for any purpose.
5. Notices, Communications, and Electronic Signatures. You agree to accept all communications from WFME and FAIMER regarding use of the Services at the address(es) you provide to WFME and FAIMER.
Users can request updates to their email addresses by contacting WFME and FAIMER at firstname.lastname@example.org.
WFME and FAIMER are entitled to rely on the email address and address of residence/postal mailing address that you last provided to us. You waive any and all claims resulting from failure to receive communications because of changes in your addresses not communicated to WFME and FAIMER as specified above.
You will be bound by any affirmance, assent or agreement you transmit through the Services. When in the future you use the Services, 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 in the Services, unless otherwise indicated, is protected by law, including, but not limited to, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, WFME and FAIMER do not grant any express or implied right(s) to Users of the Services. Copyright and other proprietary rights in the Services, or portions thereof, may be held by individuals and/or entities other than WFME and FAIMER. Removing or altering the copyright notice on any material in the Services is prohibited. WFME and FAIMER own a copyright in the Services as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancement of the Services’ content.
Unless otherwise indicated, all content is copyrighted by the World Federation for Medical Education and the Foundation for Advancement of International Medical Education and Research. All rights reserved.
The WFME and FAIMER logos and all other trademarks, names, logos, and icons identifying WFME or FAIMER are proprietary marks of WFME or FAIMER, as applicable.
8. Compliance with Applicable Laws. User’s access to the Services is governed by all applicable international, federal, state, and local laws, and you agree to comply with all such laws.
9. Code of Conduct. You will not do any of the following:
10. Assumption of Risk. Use of the Internet and the Services is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While WFME and FAIMER have endeavored to create secure and reliable Services, the confidentiality of any communication or material transmitted to/from the Services over the Internet cannot be guaranteed. Accordingly, WFME and FAIMER and their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, agents, 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 the Services and must make his or her own determination as to these matters. WFME and FAIMER shall have no liability for interruptions or omissions in Internet, networking or hosting services.
11. Law Enforcement. WFME and FAIMER reserve the right to view, monitor, and record activity in the Services 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 in the Services. WFME and FAIMER will also comply with all court orders involving requests for such information.
12. Links to Other Sites. WFME and FAIMER may offer links to other websites (“Third-party Sites”) that may offer various products, services, and/or information. Users should be aware that use of Third-party Sites may be subject to separate terms and conditions, information collection practices, and other provisions. WFME and FAIMER cannot ensure that users will be satisfied with any products or services offered and/or purchased from such Third-party Sites. WFME and FAIMER do not endorse any of the products or services offered in any Third-party Sites. Further, WFME and FAIMER have 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 WFME and FAIMER’s Control; Force Majeure. Users expressly absolve and release WFME and FAIMER, and their respective affiliates, subsidiaries, officers, directors, shareholders, licensees, successors, assigns, legal representatives, and agents, from any claim of harm or loss resulting from any cause beyond WFME and FAIMER’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. THE INFORMATION AVAILABLE IN THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WFME AND FAIMER MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICES OR IN THE INFORMATION AVAILABLE IN THE SERVICES AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE IN OR THROUGH THE SERVICES. WFME AND FAIMER MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE IN OR THROUGH THE SERVICES 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 WFME OR FAIMER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, ANY DELAY OR INABILITY TO USE THE SERVICES, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE IN THE SERVICES, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WFME AND FAIMER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WFME’S AND FAIMER’S LIABILITY TO YOU FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR ACCESS OR USE OF THE WEBSITE, OR THE SERVICES OFFERED (FOR ANY CAUSE OF ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, WFME AND FAIMER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE SERVICES SHALL NOT EXCEED $1,000.00.
15. Indemnity. You agree to defend, indemnify, and hold harmless WFME and FAIMER and their respective affiliates and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, agents, 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 (a) your use of the Services, or (b) any breach by you of this Agreement. WFME and FAIMER reserve the right 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 WFME and FAIMER. You will cooperate as fully as reasonably required in WFME and FAIMER's defense of any claim.
16. Submissions. WFME and FAIMER welcome submissions in the form of feedback and suggestions about how to improve our products and Services. Any ideas, suggestions, information, know-how, material, images, or any other content (collectively, “Content”) received through the Services, will be deemed to include a royalty-free, transferable, perpetual, irrevocable, nonexclusive right and license for WFME and FAIMER to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, edit, 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. WFME and FAIMER may, but will not be obligated to use, and/or provide any author attributions related to, the Content.
You agree that the Content will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement. WFME and FAIMER reserve the right, but are not obligated, to monitor your Content and remove any Content that WFME and FAIMER consider, in their sole discretion, to constitute misuse of these rules. WFME and FAIMER may restrict, suspend, or terminate your use of the Services where, in WFME’s and FAIMER’s sole discretion, they believe that there may have been such misuse. The following examples include misuse of the Services: (a) claiming a relationship with or speaking for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to WFME and FAIMER); (b) providing false or misleading personal information or email addresses, or impersonating any other person or entity; (c) harming minors in any way; (d) harassing another person; (e) unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable Content; (f) infringing any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (g) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
The list above only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses of the Services that may result in the restriction, suspension, or termination of your use of the Services.
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. WFME and FAIMER reserve the right to remove any material from the Services which allegedly infringes another person’s copyright. Notices to WFME and FAIMER regarding any alleged copyright infringement in the Services should be directed to: email@example.com.
18. Term. This Agreement will remain in full force and effect while you use the Services and/or have an account on the website. You may terminate your account and your participation in the Services at any time, for any reason, by sending an email request to firstname.lastname@example.org.
WFME and FAIMER may immediately terminate this Agreement or immediately suspend or terminate your access to your account on the website or the Services at WFME’s and FAIMER’s discretion with or without notice at any time. WFME and FAIMER may send notice of such termination or suspension to you at the email address you provided at the time of creating your account or such other email address as you may later provide to WFME and FAIMER.
Upon termination of this Agreement by either party, your right to access the website and to receive the Services will terminate immediately. After this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 13-15, 17-25.
19. Governing Law. This Agreement has been made in, and will be construed and enforced in accordance with the federal laws of the United States and the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of laws principles. Any action to enforce this Agreement will be brought in the federal or state courts residing in Philadelphia, Pennsylvania, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. You agree to submit to the jurisdiction of the state and federal courts in Pennsylvania for the purposes of any judicial proceedings relating to or arising from this Agreement not subject to arbitration as set forth in Section 21. The Services are controlled and operated by WFME and FAIMER from their World Directory offices within the United States. WFME and FAIMER make no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where any of the contents of the Services are illegal is prohibited. Those who choose to access the Services from other locations do so of their own volition and are responsible for compliance with applicable local laws.
20. 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 WFME or 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.
21. Arbitration; Waiver of Class Action. While WFME and FAIMER make every reasonable effort to resolve any disagreements you may have with us, if these efforts fail, you and we agree that all claims, disputes or controversies arising out of or relating to this Agreement or your use of the Services are subject to binding arbitration. This includes claims based on contract, tort (including intentional tort), fraud, agency, your or WFME’s or FAIMER’s negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. As used in this Agreement, WFME and FAIMER include their respective parents, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors. Notwithstanding the above, we both agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights or to otherwise obtain provisional relief pending a decision on the merits by the arbitrator.
YOU, ON THE ONE HAND, AND WFME AND FAIMER, ON THE OTHER HAND, ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR, ON THE ONE HAND, OR WFME’S OR FAIMER’S, ON THE OTHER HAND, INDIVIDUAL CAPACITY AND IN SO DOING YOU, ON THE ONE HAND, AND WFME AND FAIMER, ON THE OTHER HAND, HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Consumer Arbitration Rules in effect on the date the arbitration is filed (“AAA Rules”). The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. Judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction. Any arbitration hearing that you attend will be held at a place chosen by the AAA in Philadelphia, Pennsylvania. The parties shall mutually choose one arbitrator within 30 days of instituting the arbitration; otherwise the AAA shall choose the arbitrator. The language of the arbitration shall be English. Any claim you have must be commenced within one year after the claim arises.
22. 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.
23. Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and WFME or FAIMER as a result of this Agreement or User’s utilization of the Services.
24. Anti-Hacking. You will not, nor will you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Services or any content. You will 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.
Last updated November 3, 2016.