[Last update: February 24, 2025]
Last Updated: February 24, 2025
These Terms and Conditions govern the use of the Intealth website and the web platforms Intealth uses to provide its programs and services (collectively “Services”) to Individuals and Authorized Users (collectively “Users”) of Organizations or Entities, including but not limited to educational institutions, medical schools, training institutions, post-graduate training institutions, governmental agencies, and medical regulatory authorities (collectively “Entities”).
These Terms and Conditions constitute a binding contract between Intealth and you, the User. By using the Services, you indicate that you understand and accept these Terms and Conditions and the Intealth 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 Intealth reserves the right to change the Terms and Conditions under which the Services and their offerings are extended to you at any time and for any reason. 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 Intealth 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 and Representations 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 to the Terms and Conditions. If you are agreeing to these Terms and Conditions as an Authorized User on behalf of an Entity, you represent and warrant that you have been approved by the Entity as an Authorized User of Intealth services on the Entity’s behalf, and 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). Services are made available to Authorized Users solely in their capacity as authorized representatives of their respective Entity and are not for personal use. Authorized Users who are no longer authorized by the Entity to use Intealth services, and/or who cease to be employed by or affiliated with the Entity must immediately discontinue the use of their Intealth account(s).
If Intealth 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 security questions. Anyone with knowledge of your User ID, password, and the answers to your security 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 Intealth 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. Intealth reserves the right to delete or change a User's Account information at any time and for any reason. Intealth 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 processing of information that may be considered personal data. Please see Intealth’s Privacy Notice for a summary of Intealth’s and its divisions’ (ECFMG® and FAIMER®) practices regarding how we process the data we collect from and about you. Acceptance of these Terms and Conditions constitutes acceptance of 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 Intealth. You represent and warrant that all information that you submit to Intealth will be true, accurate, and complete, and that you will maintain the accuracy of such information and promptly update such information as necessary through your Intealth service account(s) (Individual Users) or by contacting your Entity Coordinator (Authorized Users). You understand that your account information is current as of the date indicated and is not a definitive statement of your account. Intealth will not be liable for any loss, cost, expense, or other liability arising out of any such data you provide to Intealth.
6. Notices, Communications, and Electronic Signatures. You agree to accept all communications from Intealth regarding use of the Services at the addresses you provide to Intealth. Intealth 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 Intealth 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.
7. Intellectual Property Rights. All material contained in the Services, unless otherwise indicated, is owned by Intealth and protected by law including, but not limited to, U.S. copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Intealth does not grant any express or implied right(s) in any materials 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 Intealth. Removing or altering the copyright notice on any material in the Services is prohibited. Intealth 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®, FAIMER®, EPIC℠, the Intealth logo, the ECFMG logo, the FAIMER logo, the EPIC logo, the Intealth tagline™, and all other trademarks, names, logos, and icons identifying Intealth or Intealth’s programs and services are proprietary marks of Intealth, or their respective owners.
8. Data Protection. Intealth transfers Personally Identifiable Information (“PII”) of Intealth Applicants and Clients to Entities and their Authorized Users for purposes of delivering programs and services to such Applicants or Entities. Authorized Users agree to protect the confidentiality and integrity of such PII with appropriate technical and organizational measures and will not process or otherwise use such PII for any purpose other than that for which it was shared by Intealth.
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. Social Media Engagement. Intealth and its divisions, ECFMG® and FAIMER®, provide a number of social media pages to foster community and engagement among stakeholders. You agree to review and abide by Intealth’s Social Media Engagement Guidelines before contributing to and engaging with Intealth’s social media accounts.
12. Termination. The Agreement will continue to apply until terminated by either you or Intealth. Without limiting the foregoing, Intealth 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.
13. 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 Intealth 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, Intealth 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.
14. Law Enforcement. Intealth 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. Intealth will also comply with all court orders involving requests for such information.
15. Links to Intealth Site and Other Sites. Users may not establish a link to this website or any Intealth social media account that implies an endorsement of or agreement with Intealth without the express written consent of Tracy Wallowicz, Senior Vice President, Regulatory Affairs and Chief Communications Officer, Intealth. E-mail: [email protected]. Phone: (215) 823-2120.
Intealth may offer links to other websites (“third-party sites”) that may offer various products, services, and/or information. These links are for convenience only, and Intealth Users should be aware that Intealth does not endorse or accept any responsibility for the content or the use of the linked site. Intealth’s Terms and Conditions do not govern use of these third-party websites, and these sites may be governed by the third party’s own terms and conditions, privacy policy, and other similar terms. Intealth cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is online or offline, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
16. Events Beyond Intealth's Control. Users expressly absolve and release Intealth from any claim of harm resulting from a cause beyond Intealth'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.
17. Warranties Disclaimed. WHILE INTEALTH ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE IN THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, INTEALTH 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. INTEALTH 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 INTEALTH 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 INTEALTH 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, INTEALTH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE SERVICES SHALL NOT EXCEED $1,000.00.
18. Indemnity. You agree to defend, indemnify, and hold harmless Intealth 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. Intealth 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 Intealth. You agree to cooperate as fully as reasonably required in Intealth's defense of any claim.
19. Submissions. Any ideas, suggestions, information, know-how, material, images, or any other content (collectively, "content") received through the Services will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Intealth 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.
20. 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 Intealth regarding any alleged copyright infringement related to the Services should be directed to: Tracy Wallowicz, Senior Vice President, Regulatory Affairs and Chief Communications Officer, Intealth. E-mail: [email protected]. Phone: (215) 823-2120.
21. 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 Intealth from its offices within the United States.
22. 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 Intealth 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.
23. 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.
24. Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and Intealth as a result of this Agreement or User's utilization of the Services.
25. 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 password, account, or other information.
26. 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 Intealth 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 Intealth with respect to the Services. Any rights not expressly granted herein are reserved.
27. Additional Assistance. If you have any questions or concerns about these Terms and Conditions, please contact Tracy Wallowicz, Senior Vice President, Regulatory Affairs and Chief Communications Officer, Intealth. E-mail: [email protected]. Phone: (215) 823-2120.
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[Last update: February 24, 2025]