Terms and Conditions for ECFMG® Web Sites and Mobile Application
Welcome to the Educational Commission for Foreign Medical Graduates web sites and mobile application (collectively, the “Services”) owned and operated by the Educational Commission for Foreign Medical Graduates (“ECFMG”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User”) may access and use these Services.
Terms and Conditions
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 equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree to these Terms and Conditions, please discontinue your use of the Services.
Please note that ECFMG reserves 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. This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use the Services conditioned on your continued compliance with the Terms and Conditions of this Agreement. 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 warrant to ECFMG 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. Password Policy. 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. Anyone with knowledge of your password and the answers to your challenge questions, if applicable, can gain access to the restricted portions of the Services, your account and/or other information, and transactions available to you. Accordingly, you must keep your password and answers to your challenge questions secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password and answers to your challenge questions, as well as for any communications entered through the Services using these authentication items. You agree that ECFMG shall not be under any duty to inquire as to the authority or propriety of any instructions given to ECFMG by you or under your authentication items; ECFMG will not be liable for any loss, cost, expense, or other liability arising out of any such instructions. You agree to (a) immediately notify ECFMG of any unauthorized use of your authentication items, or your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ECFMG reserves the right to delete or change a User's authentication items at any time and for any reason. ECFMG cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
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 ECFMG through the Services, you agree to provide 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 ECFMG for any purpose.
5. Notices, Communications, and Electronic Signatures. You agree to accept all communications from ECFMG regarding use of the Services at the addresses you provide to ECFMG.
For applicants for USMLE examinations and/or ECFMG Certification, please promptly update any changes to your information by accessing ECFMG’s On-line Applicant Status and Information System (OASIS) or MyECFMG.
If you are subscribed to one or more of ECFMG’s e-mail newsletters, such as The ECFMG® Reporter, and your e-mail address changes, you must update your e-mail address for each e-newsletter. To update your e-mail address in your e-newsletter subscription(s), visit the Publications page of the ECFMG Web Site at https://www.ecfmg.org/resources/publications.html, click on the newsletter(s) you receive, unsubscribe your old e-mail address, and subscribe your new e-mail address.
For applicants for employment, please promptly update any changes to your information by accessing the on-line employment application at https://www.ecfmg.org/about/careers.html.
Users of the ECFMG Medical School Web Portal (EMSWP) can request updates to their e-mail addresses by contacting their medical school's EMSWP Coordinator. The EMSWP Coordinator can request such changes for all Users at the medical school by accessing EMSWP at https://emswp.ecfmg.org. The medical school's EMSWP Coordinator can also request such changes by contacting ECFMG's EMSWP Administrator by e-mail at email@example.com. ECFMG's EMSWP Administrator will review these requests and, if approved, implement the requested changes.
Users of the Electronic Portfolio of International Credentials (EPIC) Physician Portal can update their e-mail addresses by accessing EPIC at https://epic.ecfmgepic.org. Users of the EPIC Report Portal can request updates to their e-mail addresses by contacting their organization’s EPIC Coordinator. The organization’s EPIC Coordinator can request such changes for all Users at the organization by contacting EPIC Support Services at ECFMG at firstname.lastname@example.org.
Users of GEMx Electives can update their contact information, including e-mail address, by accessing their account at https://students.gemxelectives.org.
ECFMG is entitled to rely on the e-mail address and address of residence/postal mailing address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your addresses not communicated to ECFMG as specified above.
You agree to be bound by any affirmance, assent or agreement you transmit through the Services. You agree that, 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. On-line Employment Applications. You may search for employment opportunities and apply for employment with ECFMG through the ECFMG Web Site at www.ecfmg.org. 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."
7. Intellectual Property Rights. All material contained in the Services, 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, ECFMG does 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 ECFMG. Removing or altering the copyright notice on any material in the Services is prohibited. ECFMG owns a copyright in the Services as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancement of the Services' content. ECFMG®, CSA®, FAIMER®, EPICSM, GEMxSM, ECHOSM, the ECFMG logo, the EPIC logo, the GEMx logo, the ECHO logo, and all other trademarks, names, logos, and icons identifying ECFMG or ECFMG’s products are proprietary marks of ECFMG, or their respective owners.
9. Compliance with Applicable Laws. User's access to the Services is governed by all applicable federal, state, and local laws.
10. Code of Conduct. You agree not to do any of the following:
- Restrict or inhibit any other authorized user from using and enjoying the Services. This includes, without limitation: (a) using, or attempting to use, any account without the owner's permission, or (b) obtaining or soliciting another person's password or other personal information under false pretenses.
- Interfere (or attempt to interfere) with the operation of the Services. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Services, or attempting to do so.
- Post, store, or transmit any knowingly inaccurate or misleading personal, financial, or organizational information.
- Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by ECFMG) information or material. ECFMG reserves the right to edit or delete information or material that it determines to be objectionable.
- Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use the Services to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Use the Services to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights.
- Use the Services to post, store, or transmit materials in violation of another party's privacy or publicity rights. This includes, without limitation, posting, storing, or transmitting images without obtaining the permission of individuals identifiable in the images.
- Use the Services for any unlawful purpose.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile, or disassemble any portion of the Services.
11. 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 ECFMG has endeavored to create secure and reliable Services, please be advised that the confidentiality of any communication or material transmitted to/from the Services over the Internet cannot be guaranteed. Accordingly, ECFMG and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, 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.
12. Law Enforcement. ECFMG reserves 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. ECFMG will also comply with all court orders involving requests for such information.
13. Links to Other Sites. ECFMG may offer links to other web sites (“third-party sites”) that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. ECFMG cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. ECFMG does not endorse any of the products or services offered in any third-party sites. Further, ECFMG has 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.
14. Events Beyond ECFMG's Control. Users expressly absolve and release ECFMG from any claim of harm resulting from a cause beyond ECFMG'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.
15. DISCLAIMERS. WHILE ECFMG ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE IN THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, ECFMG 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. ECFMG MAKES 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 ECFMG 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 ECFMG 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. IN SUCH JURISDICTIONS, ECFMG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE SERVICES SHALL NOT EXCEED $1,000.00.
16. Indemnity. You agree to defend, indemnify, and hold harmless ECFMG and its affiliates 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 Services or any breach by you of this Agreement. ECFMG 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 ECFMG. You agree to cooperate as fully as reasonably required in ECFMG's defense of any claim.
17. Submissions. Through EMSWP's GEMx program, authorized institutional users may enter and publish images of and content about their institutions and the institutions’ programs. ECFMG also welcomes 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, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for ECFMG 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.
18. 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. ECFMG reserves the right to remove any material from the Services which allegedly infringes another person's copyright. Notices to ECFMG regarding any alleged copyright infringement in the Services should be directed to: Elizabeth Ingraham, Assistant Vice President, Communications & Outreach, ECFMG. E-mail: email@example.com. Phone: (215) 823-2108. Facsimile: (215) 387-9963.
19. 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 Services are controlled and operated by ECFMG from its offices within the United States. ECFMG makes 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 ECFMG 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. 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.
22. Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and ECFMG as a result of this Agreement or User's utilization of the Services.
23. Anti-Hacking. You may not, nor may 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 may 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.