This Agreement sets out the legally binding terms for your use of the Website and your Membership in Florida Chapter American College of Surgeons (“FCACS”) for the use of the Service. The FCACS may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes the FCACS policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and the FCACS Privacy Statement.
Please choose carefully the information you post on and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, be of a condescending or offensive nature toward other members of the community or contain inappropriate subject matter. Information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and the FCACS assumes no responsibility nor liability for this material.
Additionally, by participating in any online, offline, or third party event, you agree to release and hold harmless the FCACS from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such event.
You are solely responsible for your interactions and communication with other Members. You understand that the site does not in any way screen its Members, nor does inquire into the backgrounds of its Members or attempt to verify the statements of its Members. The FCACS makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of then you should take it upon yourself to do a background check on said person. In no event shall FCACS be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet or communicate through this Service.
Membership in the Service is elective by the user. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age or your credentials in your profile. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member of the FCACS You may terminate your membership at any time pursuant to the terms of your membership agreement and bylaws of the FCACS. The FCACS may terminate your Service for any reason, effective upon sending notice to you at the email address you provide. By using the Service and by becoming a Member, you acknowledge that FCACS reserves the right to charge for the Service and has the right to terminate a Member's Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of FCACS. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership Service privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
FCACS owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The Member posting any material to the Website shall certify that he or she has such permission to perform such action. The FCACS shall be held harmless and relieved of any liability by the Member for any unauthorized copyright, trademark, or proprietary material infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the FCACS to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent for notice of claims of copyright infringement can be reached via telephone @ 904-309-6240.
You are solely responsible for your interactions with other Members. The FCACS reserves the right, but has no obligation, to monitor disputes between you and other Members.
The FCACS is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. The FCACS is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FCACS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. FCACS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall FCACS be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FCACS cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
IN NO EVENT SHALL THE FCACS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FCACS' S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Florida without regard to conflict of law provisions and you agree to personal jurisdiction and venue in the area in which we are based, namely United States, Jacksonville, Florida (Duval County).
You agree to indemnify and hold FCACS, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by you or any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and the FCACS regarding the use of the Website and/or the Service. The failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.