Future Physicians of America reserves the right, at its sole discretion, to change, modify, add or remove portions of these (“Terms of Use”), at any time. It is your responsibility to check these (“Terms of Use”) periodically for changes. Your continued use of the FPA Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these (“Terms of Use”), Future Physicians of America grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the FPA Website.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the FPA Website is owned, controlled or licensed by or to Future Physicians of America, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these (“Terms of Use”), no part of the FPA Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, FPA Website or other medium for publication or distribution or for any commercial enterprise, without Future Physicians of America’s express prior written consent.

You may use information on Future Physicians of America products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Future Physicians of America for downloading from the FPA Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use Of The Future Physicians Of America (Dot) Com Website

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FPA Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the FPA Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the FPA Website. Future Physicians of America reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the FPA Website, or any other systems or networks connected to the FPA Website or to any Future Physicians of America server, or to any of the services offered on or through the FPA Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the FPA Website or any network connected to the FPA Website, nor breach the security or authentication measures on the FPA Website or any network connected to the FPA Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the FPA Website, or any other customer of Future Physicians of America, including any Future Physicians of America account not owned by you, to its source, or exploit the FPA Website or any service or information made available or offered by or through the FPA Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the FPA Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FPA Website or Future Physicians of America’s systems or networks, or any systems or networks connected to the FPA Website or to Future Physicians of America.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the FPA Website or any transaction being conducted on the FPA Website, or with any other person’s use of the FPA Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Future Physicians of America on or through the FPA Website or any service offered on or through the FPA Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the FPA Website or any Content for any purpose that is unlawful or prohibited by these (“Terms of Use”), or to solicit the performance of any illegal activity or other activity that infringes the rights of Future Physicians of America or others.

Purchases: Other Terms And Conditions

Additional terms and conditions may apply to purchases of donations, goods or services and to specific portions or features of the FPA Website, including contests, promotions or other similar features, all of which terms are made a part of these (“Terms of Use”) by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these (“Terms of Use”) and the terms posted for or applicable to a specific portion of the FPA Website or for any service offered on or through the FPA Website, the latter terms shall control with respect to your use of that portion of the FPA Website or the specific service.

Future Physicians of America’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this FPA Website should be construed to alter such agreements.

Future Physicians of America may make changes to any products or services offered on the FPA Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the FPA Website with respect to products and services may be out of date, and Future Physicians of America makes no commitment to update the materials on the FPA Website with respect to such products and services.

The following terms also govern and apply to your use of the FPA Website, and they are incorporated herein by this reference:

• Terms of Service
• Copyright and Trademark Information
• Privacy Policy

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the FPA Website.

Accounts, Passwords And Security

Certain features or services offered on or through the FPA Website may require you to open an account (including setting up an Future Physicians of America ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Future Physicians of America immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Future Physicians of America or any other user of or visitor to the FPA Website due to someone else using your Future Physicians of America ID, password or account.

You may not use anyone else’s Future Physicians of America ID, password or account at any time without the express permission and consent of the holder of that Future Physicians of America ID, password or account. Future Physicians of America cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Future Physicians of America’s Privacy Policy applies to use of this FPA Website, and its terms are made a part of these (“Terms of Use”) by this reference. To view Future Physicians of America’s Privacy Policy, click here. Additionally, by using the FPA Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the FPA Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links To Other Websites And To The Future Physicians Of America Website

This FPA Website may contain links to other independent third-party FPA Websites (“Linked FPA Websites”). These Linked FPA Websites are provided solely as a convenience to our visitors. Such Linked FPA Websites are not under Future Physicians of America’s control, and Future Physicians of America is not responsible for and does not endorse the content of such Linked FPA Websites, including any information or materials contained on such Linked FPA Websites. You will need to make your own independent judgment regarding your interaction with these Linked FPA Websites.

Disclaimers

Future Physicians of America DOES NOT PROMISE THAT THE FPA WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE FPA WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE FPA WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE FPA WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE FPA WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Future Physicians of America CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE FPA WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Future Physicians of America DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Future Physicians of America DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE FPA WEBSITE AND/OR ANY Future Physicians of America SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE FPA WEBSITE AND ANY LINKED FPA WEBSITES. YOUR SOLE REMEDY AGAINST Future Physicians of America FOR DISSATISFACTION WITH THE FPA WEBSITE OR ANY CONTENT IS TO STOP USING THE FPA WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Future Physicians of America reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the FPA Website, or any portion of the FPA Website, for any reason; (2) to modify or change the FPA Website, or any portion of the FPA Website, and any applicable policies or terms; and (3) to interrupt the operation of the FPA Website, or any portion of the FPA Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation Of Liability

Except where prohibited by law, in no event will Future Physicians of America be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Future Physicians of America has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these (“Terms of Use”), Future Physicians of America is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the FPA Website or any Content, Future Physicians of America’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the FPA Website paid in the six months prior to the date of the initial claim made against Future Physicians of America (but not including the purchase price for any Future Physicians of America software products or service), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Future Physicians of America, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, (where applicable) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Future Physicians of America by any third party due to or arising out of or in connection with your use of the FPA Website.

Violation Of These (“Terms Of Use”)

Future Physicians of America may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the FPA Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Future Physicians of America’s rights or property, or the rights or property of visitors to or users of the FPA Website, including Future Physicians of America’s customers. Future Physicians of America reserves the right at all times to disclose any information that Future Physicians of America deems necessary to comply with any applicable law, regulation, legal process or governmental request. Future Physicians of America also may disclose your information when Future Physicians of America determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Future Physicians of America may preserve any transmittal or communication by you with Future Physicians of America through the FPA Website or any service offered on or through the FPA Website, and may also disclose such data if required to do so by law or Future Physicians of America determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these (“Terms of Use”), (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Future Physicians of America, its employees, users of or visitors to the FPA Website, and the public.

You agree that Future Physicians of America may, in its sole discretion and without prior notice, terminate your access to the FPA Website and/or block your future access to the FPA Website if we determine that you have violated these (“Terms of Use”) or other agreements or guidelines which may be associated with your use of the FPA Website. You also agree that any violation by you of these (“Terms of Use”) will constitute an unlawful and unfair business practice, and will cause irreparable harm to Future Physicians of America, for which monetary damages would be inadequate, and you consent to Future Physicians of America obtaining any injunctive or equitable relief that Future Physicians of America deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Future Physicians of America may have at law or in equity.

You agree that Future Physicians of America may, in its sole discretion and without prior notice, terminate your access to the FPA Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the FPA Website or any service offered on or through the FPA Website, or (4) unexpected technical issues or problems.

If Future Physicians of America does take any legal action against you as a result of your violation of these (“Terms of Use”), Future Physicians of America will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Future Physicians of America. You agree that Future Physicians of America will not be liable to you or to any third party for termination of your access to the FPA Website as a result of any violation of these (“Terms of Use”).

Governing Law And Dispute Resolution

You agree that all matters relating to your access to or use of the FPA Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in McLennan County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these (“Terms of Use”) must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Future Physicians of America and you arising out of or in connection with your use of the FPA Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Future Physicians of America administers and operates the futurephysiciansofamerica.com FPA Website from its location in Waco, Texas USA; Future Physicians of America Websites are visible from various locations outside the United States. Although the FPA Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the FPA Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Future Physicians of America reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the FPA Website is void where prohibited. If you choose to access the FPA Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the FPA Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these (“Terms of Use”) are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these (“Terms of Use”), so that these (“Terms of Use”) shall remain in full force and effect. These (“Terms of Use”) constitute the entire agreement between you and Future Physicians of America with regard to your use of the FPA Website, and any and all other written or oral agreements or understandings previously existing between you and Future Physicians of America with respect to such use are hereby superseded and cancelled. Future Physicians of America will not accept any counter-offers to these (“Terms of Use”), and all such offers are hereby categorically rejected. Future Physicians of America’s failure to insist on or enforce strict performance of these (“Terms of Use”) shall not be construed as a waiver by Future Physicians of America of any provision or any right it has to enforce these (“Terms of Use”), nor shall any course of conduct between Future Physicians of America and you or any other party be deemed to modify any provision of these (“Terms of Use”). These (“Terms of Use”) shall not be interpreted or construed to confer any rights or remedies on any third parties.

Future Physicians of America provides access to Future Physicians of America international data and, therefore, may contain references or cross references to Future Physicians of America products, programs and services that are not announced in your country. Such reference does not imply that Future Physicians of America in your country intends to announce such products, programs or services.

Feedback And Information

Any feedback you provide at this FPA Website shall be deemed to be non-confidential. Future Physicians of America shall be free to use such information on an unrestricted basis. If you have questions, feedback, or complaints, please fill out the contact form located on the Future Physicians of America (dot) com website and make this reference in the subject line: Customer Care.

The information contained in Future Physicians of America (dot) com website is subject to change without notice.

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