Terms and Conditions of Use

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 that EMSI may publish from time to time (collectively, the "Terms of Use").

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 OF THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

EMSI reserves the right to change the Terms of Use and other guidelines or rules 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 the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Site following changes to these Terms of Use shall constitute your acceptance of all such changes. If you breach any of the Terms of Use, your authorization to use this Site shall automatically terminate, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately and properly destroyed. EMSI suggests you print a copy of the Term of Use and Privacy Policy as defined below for your records.

Personal Information and Privacy

To learn about how EMSI protects personal information refer to EMSI’s Online Privacy Policy. Except as set forth in the Privacy Policy or in these Terms of Use, personal 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, or safety of EMSI or others, or if permitted by EMSI’s Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use the Site.

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 in the Terms of Use.

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

These Terms of Use impose no obligation upon you with respect to the Materials or other confidential information to the extent you can establish by legally sufficient evidence that:

  1. You possessed them prior to your receipt of them from EMSI, without an obligation to maintain their confidentiality.
  2. They are or become generally known to the public through no act or omission by you, or otherwise without violation of these Terms of Use.
  3. You obtained them from a third party who had the right to disclose them to you without an obligation to keep such information confidential.
  4. You independently developed them without the use of confidential information and without the participation of individuals who have had access to them.
  5. 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 rights of either party under these Terms of Use, provided that EMSI receives reasonable 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 agree:

  1. Not to disrupt or interfere with any other user's access or use of the Site.
  2. 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.
  3. Not to create a false identity, pretend to be someone else or spoof EMSI’s identity.
  4. Not to use or attempt to use another's account, password, or service.
  5. Not to access or attempt to access any images which you are not authorized to access.
  6. 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.
  7. Not to violate any applicable laws or regulations.
  8. 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 conditions:

  1. The Site may be used solely for business, informational, and internal purposes.
  2. The Site may not be distributed or sold, rented, leased, or licensed to others.
  3. 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);
  4. You may not remove any copyright or other proprietary notices contained within the Site.
  5. 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.
  6. 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 inconsistently with the letter or spirit of the Terms of Use. EMSI may also in its 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 the Services under any provision of the Terms of Use may be effected without prior 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.

Proprietary Rights

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.

Indemnification

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.

General

The Terms of Use and Privacy Policy posted on this Site constitute the entire agreement between EMSI and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, 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 remainder of the Terms of Use shall continue in full force and effect. Any failure by EMSI to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

WARRANTY DISCLAIMER

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.

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Terms Of Use (134KB)

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