- Agreement. FCMSMD.ORG IS AN INTERNET-BASED ON-LINE INFORMATION AND COMMUNICATION SERVICE. BY ACCESSING OR USING FCMSMD.ORG, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE FCMSMD.ORG. FCMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF FCMSMD.ORG SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- License. We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this web site for your personal use only. Original articles, publications, contributions, graphics and other materials published by persons or entities other than FCMS are not the responsibility of FCMS as to accuracy or to any conclusions. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at:
Medical Staff Services
c/o Chinese Hospital
845 Jackson Street
San Francisco, California 94133
- Usage Rules. As a condition of your use of this web site, you warrant to us that you will not use this web site for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any part of this web site at our sole discretion.
- Links. From time to time, FCMSMD.ORG may contains links to web sites operated by other parties. The links are provided for your convenience only. We do not control such web sites, and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. FCMS does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
- Warranty Disclaimer. The information provided through this Service is for educational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. ADVICE RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON FOR MEDICAL OR HEALTH DECISIONS AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. We assume no responsibility for how you use the information provided through this web site. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition. WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT OR THE TIMELINESS OR ACCURACY OF THE INFORMATION OR THE SUITABILITY OF ANY PRODUCTS AND SERVICES MENTIONED IN THIS SERVICE FOR ANY PURPOSE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SERVICE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
- Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FCMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.
- Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER FCMS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF FCMSMD.ORG. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FCMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF FCMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF FCMSMD.ORG.
- Third Party Rights. The provisions of paragraphs 6 (Indemnification) and 7 (Waiver, Release and Limitation of Liability) are for the benefit FCMSMD.ORG and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- User Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use FCMSMD.ORG in accordance with this Agreement. You agree to be financially responsible for your use of FCMSMD.ORG (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between FCMS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco County, California, United States. Any cause of action or claim you may have with respect to FCMS must be commenced within one (1) year after the claim or cause of action arises. FCMS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. FCMS may assign its rights and duties under this Agreement to any party at any time without notice to you.
- Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.