[Last update: May 6, 2022]
Last Updated: May 6, 2022
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”), a member of Intealth. This page contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User”) may access and use these Services.
By using the Services, you, the User, indicate that you understand and accept these Terms and Conditions and our Privacy Notice (collectively “the Agreement”) and that you 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 (including by e-mail or by updating the date at the top of this page) will be 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. Eligibility for Use of Services. To use the Services, you must be, and represent and warrant that you are, 18 years of age or older and able to agree with the Terms and Conditions. If you are agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree and bind such organization or entity to these Terms and Conditions (in which case, the references to “you” and “your” in this Agreement, except for in this clause, refer to that organization or entity). If ECFMG has previously prohibited you from accessing or using the Services, you are not eligible to access or use the Services.
3. User Accounts. Your use of certain portions of the Services may require you to create a User Account, which requires a User ID, password, and, in some cases, answers to challenge questions. Anyone with knowledge of your User ID, 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 User Account information confidential. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your User Account information, as well as for any communications entered through the Services using these authentication items. You agree to (a) immediately notify ECFMG of any unauthorized access or use of your User Account or any other breach of security, and (b) exit your User Account at the end of each session. ECFMG reserves the right to delete or change a User's Account information 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 3.
4. Privacy Notice. You understand that your use of the Services may require the transmission of information that may be considered personal data. Please see Intealth’s Privacy Notice for a summary of Intealth’s and its member organizations’, ECFMG’s and FAIMER’s, practices regarding how we collect, use, and share the data we collect from and about you. Acceptance of these Terms and Conditions constitutes consent to Intealth’s Privacy Notice.
5. Accuracy of Account Information and Data. You have the sole responsibility for the accuracy, quality, integrity, legality, and reliability of all data you provide to ECFMG. You understand that your account information is current as of the date indicated and is not a definitive statement of your account. ECFMG will not be liable for any loss, cost, expense, or other liability arising out of any such data you provide to ECFMG.
6. 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).
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.
7. On-line Employment Applications. You may search for employment opportunities and apply for employment with Intealth and its member organizations, ECFMG and FAIMER, 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."
8. Intellectual Property Rights. All material contained in the Services, unless otherwise indicated, is owned by ECFMG and 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. Intealth, ECFMG®, CSA®, FAIMER®, EPICSM, GEMxSM, ECHOSM, the Intealth logo, the ECFMG logo, the EPIC logo, the GEMx logo, the ECHO logo, and all other trademarks, names, logos, and icons identifying Intealth, 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:
11. Termination. The Agreement will continue to apply until terminated by either you or ECFMG. Without limiting the foregoing, ECFMG has the right to immediately terminate or suspend your access to the Services for any violation of the Agreement at any time with or without notice.
12. 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.
13. 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.
15. 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, public health crises, or governmental restrictions.
16. Warranties Disclaimed. 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, AVAILABILITY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE IN OR THROUGH THE SERVICES FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS 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 TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO: ANY DELAY, INABILITY TO ACCESS OR USE, OR INTERRUPTION TO THE SERVICES; ANY DELAY, INABILITY TO ACCESS OR USE, OR INTERRUPTION TO YOUR ACCOUNT; UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT; ANY INACCURACY OF DATA; ANY LOSS OF DATA; 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.
17. 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.
18. 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. Copyright Complaints. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") to ensure that material from the Services does not infringe on the copyright, trademark, or other intellectual property rights of others. Notices to ECFMG regarding any alleged copyright infringement related to the Services should be directed to: Elizabeth Ingraham, Assistant Vice President, Communications & External Affairs, Intealth. E-mail: email@example.com. Phone: (215) 823-2108. Facsimile: (215) 387-9963.
20. Governing Law. This Agreement has been made in, and will be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. 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.
21. 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.
22. Severability. If any part of this Agreement 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 this Agreement shall continue in effect.
23. 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.
24. 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.
25. Entire Agreement/Reservation of Rights. These Terms and Conditions, together with the Intealth Privacy Notice, which is hereby incorporated as if set forth fully herein, represent the entire Agreement between the User and ECFMG with respect to use of and material available in or through the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and ECFMG with respect to the Services. Any rights not expressly granted herein are reserved.
26. Additional Assistance. If you have any questions or concerns about these Terms and Conditions, please contact Elizabeth Ingraham, Assistant Vice President, Communications & External Affairs, Intealth. E-mail: firstname.lastname@example.org. Phone: (215) 823-2108. Facsimile: (215) 387-9963.
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[Last update: May 6, 2022]