Welcome to EMSIOnline, a web-based ordering, status and reporting system.
Acceptance of Terms and Conditions
Examination Management Services, Inc. (EMSI) makes the EMSIOnline website (the "Site"),
including all information, documents, images, data, files and text available through
the Site (collectively, the "Materials") and all services operated by EMSI and third
parties through the Site (collectively, the "Services"), available for your use
subject to these terms and conditions and any changes to these terms and conditions
BY USING THE SITE AND/OR COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “SUBMIT”
BUTTON, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS
posted on the Site from time to time at its sole discretion, and will provide notice
of material changes on the home page of the Site. Your continued use of the Site,
or any Materials or Services accessible through it, after such notice has been posted
constitutes your acceptance of the changes. Your use of the Site will be subject
to time and agree that any subsequent use by you of this Site following changes
terminate, and any Materials downloaded or printed from the Site in violation of
Personal Information and Privacy
To learn about how EMSI protects personal information refer to EMSI’s Online Privacy
information will be deemed to be confidential. You understand and agree that we
may disclose information if we have a good faith belief that we are required to
do so by law or legal process, to respond to claims, to protect the rights, property,
aware that your browser must be enabled to accept cookies in order for you to use
Use of Services and Materials
When using Services and Materials on this Site, you shall be subject to any posted
guidelines, rules applicable to such Services and Materials and to the Terms of
Use. Such guidelines or rules may contain terms and conditions in addition to those
YOU ASSUME ANY AND ALL RISKS FOR ANY AND ALL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF ANY DATA THAT RESULTS FROM
OBTAINING ANY CONTENT, MATERIALS OR SERVICES FROM THE SITE, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES.
Use and Protection of Account Number and Password
You are responsible for maintaining the confidentiality of your account number,
account name, and/or password, if applicable. You are entirely responsible for maintaining
the confidentiality of your password and account. You agree to: (a) notify EMSI
immediately of any unauthorized use of your password or account or any other breach
of security of which you become aware; (b) use reasonable security precautions with
your own computer, including not recording the EMSIOnline password where it may
be discovered by others: and (c) exit completely from your account at the end of
each session. EMSI will not be liable for any loss that you may encounter as a result
of someone else using your password or account, either with our without your knowledge.
However, you could be held liable for losses incurred by EMSI or another party due
to someone else using your account or password unless access to your account number,
account name, and/or password was obtained through no fault or negligence of your
own. You may not use anyone else’s account at any time without the permission of
the account holder.
Confidentiality of Information
other confidential information to the extent you can establish by legally sufficient
- You possessed them prior to your receipt of them from EMSI, without an obligation
to maintain their confidentiality.
- They are or become generally known to the public through no act or omission by you,
- You obtained them from a third party who had the right to disclose them to you without
an obligation to keep such information confidential.
- You independently developed them without the use of confidential information and
without the participation of individuals who have had access to them.
- They are required to be disclosed in response to a valid order by a court or other
governmental body, as otherwise required by law, or as necessary to establish the
prior written notice and the opportunity to object to the disclosure before such
disclosure is made.
User Conduct: Unlawful or Prohibited Uses
In using the Site, including all Services and Materials available through it, you
- Not to disrupt or interfere with any other user's access or use of the Site.
- Not to upload, post, or otherwise transmit through the Site any viruses, Trojan
Horses, worms, cancelbots, corrupt files, time bombs, or other harmful, disruptive,
or destructive files that may damage the operation of the Site, or EMSI or another’s
computer or property.
- Not to create a false identity, pretend to be someone else or spoof EMSI’s identity.
- Not to use or attempt to use another's account, password, or service.
- Not to access or attempt to access any images which you are not authorized to access.
- Not to attempt to or gain unauthorized access to any of EMSI’s systems, networks
or servers through hacking, password mining, or any other means.
- Not to violate any applicable laws or regulations.
- Not to participate in the unauthorized disclosure of private or confidential information.
Use of the Site
Except as indicated to the contrary elsewhere on this Site, you may view, download
and print selected portions of the Materials on this Site, subject to the following
- The Site may be used solely for business, informational, and internal purposes.
- The Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not transmit any Materials that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (including but not limited
to nondisclosure agreements);
- You may not remove any copyright or other proprietary notices contained within the
- EMSI reserves the right to revoke your authorization to view, download, and print
images available on this Site at any time, and any such use shall be discontinued
immediately upon notice from EMSI.
- The rights granted to you constitute a limited license and not a transfer of title.
Termination of Account or Content
EMSI, in its sole discretion, may terminate your password, account (or any part
thereof) or use of the Services, and remove and discard any Materials within the
Service, for any reason, including, without limitation, if you have provided EMSI
with false or misleading registration information, if you have not used your account
for an extended period of time, or if EMSI believes that you have violated or acted
sole discretion and at any time discontinue providing the Services, or any part
thereof, with or without notice. You agree that any termination of your access to
notice, and acknowledge and agree that EMSI may immediately deactivate or delete
your account and all related information and files in your account and/or bar any
further access to such files or the Services. Further, you agree that EMSI shall
not be liable to you or any third-partythird party for any termination of your access
to the Services.
You acknowledge and agree that the Services and any necessary software used to provide
such service contain proprietary and confidential information that is protected
by intellectual property and other laws. You further acknowledge and agree that
the entire content presented to you through this Site is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by EMSI, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Services or its software.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the
property of EMSI or third parties. You are not permitted to use the Marks without
the prior written consent of EMSI or such third party that may own the Marks. The
EMSI logo is a trademark of Examination Management Services, Inc.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY,
SHALL EMSI, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS
OF DATA, BUSINESS, REVENUE, PROFITS, OR GOODWILL, WHETHER OR NOT EMSI HAS BEEN ADVISED
OF, OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF, SUCH DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF, OR THE INABILITY TO USE OR ACCESS,
THE MATERIALS, SERVICES OR SITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, ANY UNAUTHORIZED ACCESS TO ANY INFORMATION THAT IS SENT OR RECEIVED OR
NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR THE LOSS OF DATA, FILES, OR OTHER
CONTENT, THE ACCURACY OR COMPLETENESS OF THE SERVICES, MATERIALS OR SITE, AND/OR
ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE
MAY NOT APPLY TO YOU IN THOSE INSTANCES.
You agree to defend, indemnify and hold harmless EMSI from and against all claims,
losses, liabilities, damages, costs, including reasonable legal related expenses,
arising from your misuse or unauthorized access of the Site, Services or Materials.
Governing Law and Jurisdiction
This Site is controlled by EMSI from its offices within the State of Texas, United
States of America. By accessing this Site, you and EMSI agree that all matters relating
to your access to, or use of, this Site shall be governed by the statutes and laws
of the State of Texas, without regard to the conflicts of laws principles thereof.
You and EMSI also agree and hereby submit to the exclusive personal jurisdiction
and venue of the District Court of Dallas County with respect to such matters.
between EMSI and you with respect to your use of the Site. If for any reason a court
to be unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected by that provision, and the
shall not constitute a waiver of that right or provision. The section titles used
EMSI HEREBY DISCLAIMS ANY AND ALL WARRANTEES, EXPRESS OR IMPLIED, REGARDING THE
SITE, MATERIALS AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
files are viewed with free Acrobat Reader software from Adobe. If you do not already
have Acrobat Reader installed on your computer, you'll need to download and install
it. You can do this by clicking on the "Get Acrobat Reader" button below. A new
window will open with instructions for downloading and installing Acrobat Reader.
Acrobat Reader is available for Windows, Macintosh, and a variety of other computer
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