Acceptance of Terms
First Medical Experts, Inc. (“FME “) welcomes you to use our website and online tools and resources, together referred to as the “Service.” FME provides its online Service to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice. In addition, you shall be subject to any posted guidelines or rules applicable to such Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By using the Service in any way, you are agreeing to fully comply with the TOS, and should you object to any term or condition for the use of the Service or contained in the TOS, your only recourse is to discontinue using the Service.
Through the Service, you may have opportunities to post your own Content. Content includes, but is not limited to, postings, stories, messages, emails, texts, images, photos, video, or other material (“Content”). FME may require you to register to utilize some or all of FME ‘s Services. You agree to provide accurate, complete and current information about yourself in all required fields. FME reserves the right to terminate your registration and to refuse or remove any of your Content, if it believes that the information provided by you is false, inaccurate or incomplete. Content posted by users does not represent the opinion of FME , its principal or representatives. All Content is the sole responsibility of the person from whom the Content originated, and you agree that users bear all legal liability resulting from the posting of Content. FME makes no representations as to the accuracy or validity of user-generated Content and is not liable in any way for the use of or reliance upon such Content. Whenever possible, such information is marked with the name of the source. FME reserves the right to pre-screen, move, refuse, or remove any of your Content, or to bar access to the Service, at any time for any reason and without prior notice. By using the service, you may be exposed to Content that you find indecent, offensive or otherwise objectionable. You may report such Content or other Content or conduct that violates these TOS. However, FME will determine, without limitation and in its sole discretion, as what action, if any, should be taken with respect to such activity.
You agree that all postings and communications you make through the Service are your sole responsibility. This means that you, and not FME , are entirely responsible for all Content you post. Any use of the Service that is in violation of the above will be subject to immediate removal and user/account suspension or termination, at the sole discretion of the FME .
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT FME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FME MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. FME IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT FME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF FME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to indemnify and hold FME , its principals, officers, directors, employees, agents, successors, and assigns harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content that you submit, post or make available through the FME ‘s Service, of your use of the FME ‘s Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of the rights of another.
You agree and acknowledge that the laws of the State of California shall govern the Terms and the relationship between you and FME without regard to its conflict of law provisions. You agree and acknowledge to submit to the personal and exclusive jurisdiction of the courts located within the State of California. You agree and acknowledge that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or forever be barred.
The Terms constitutes the entire agreement between you and FME and governs your use of the Service, superseding any prior agreements between you and the FME . The FME ‘s failure of to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Reporting of Violations
Please report any violations of these to: firstname.lastname@example.org