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First
Medical Transcription Corporation offers several Medical & healthcare related
services through their web site named firstMT.com. In this document firstMT.com
represent the website as well as
First
Medical Transcription Corporation.
ACCEPTANCE
OF TERMS.
The services that firstMT.com provides to you are subject to the following Terms
of Use ("TOU"). firstMT.com reserves the right to update the TOU at any time
without any notice to you. The most current version of the TOU can be reviewed
by clicking on the "Terms of Use" hypertext link located at the bottom of our
Web pages. By visiting the firstMT.com website as well as establishing a
business transaction with firstMT.com,
First
Medical Transcription Corporation and related services and
websites, you agree to this TOU, security policy, privacy policy and legal
disclaimer as posted on the website.
DESCRIPTION OF SERVICES.
Through its network of Web properties, firstMT.com provides you with access to a
variety of resources, including and not limited to outsourced services,
consulting services, products, download areas, communication forums and product
information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are
subject to the TOU.
USE
LIMITATION.
Unless otherwise specified, the Services are for your business outsourcing use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Services.
PRIVACY
AND PROTECTION OF PERSONAL INFORMATION.
See
the Privacy Statement
disclosures relating to the collection and
use of your information.
NOTICE
SPECIFIC TO SOFTWARE SERVICES AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of firstMT.COM and/or its suppliers. Use of the Software
is governed by the terms of the end user license and general term of business
agreement, if any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first agrees to
the License Agreement terms.
The
Software is made available for download solely for use by end users according to
the License Agreement. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, firstMT.com HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR
CONVENIENCE, firstMT.com MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. firstMT.com DOES
NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN firstMT.com SOFTWARE PRODUCTS AND SERVICES.
RESTRICTED
RIGHTS LEGEND. Any Software which is downloaded from the Services for or on
behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is firstMT.com,
First Medical Transcription Corporation, 22 W 19th Street, 5th
Floor, New York, NY 10011
NOTICE
SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents
specified above do not include the design or layout of the firstMT.com Web site
and / or any other firstMT.com owned, operated, licensed or controlled site.
Elements of firstMT.com Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in whole or
in part. No logo, graphic, sound or image from any firstMT.com Web site may be
copied or retransmitted unless expressly permitted by firstMT.com.
firstMT.com AND/OR ITS RESPECTIVE AGENTS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. firstMT.com
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL firstMT.com AND/OR ITS
RESPECTIVE SUPPLIERS, SUBCONTRACTORS & LIAISON AGENTS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. firstMT.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL firstMT.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name in order to comply with our security, password
and authentication policy. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify firstMT.com immediately of any unauthorized use of your account or any
other breach of security. firstMT.com will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by firstMT.com or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder. Refer our security, password and
authentication policy.
NO
UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any firstMT.com server, or the network(s) connected to any
firstMT.com server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any firstMT.com server or to
any of the Services, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
USE OF
SERVICES.
The Services may contain voice or other file exchanges, FTP, storage, data
retrieval, data management, digital file cabinets and/or other message or
communication facilities designed to enable you to communicate with us as well
as our sub-contractors (each a "Service" and collectively " Services"). You
agree to use the Services only to post, send and receive outsourced work and
material that are proper and, when applicable, related to the particular
firstMT.com provided Service. By way of example, and not as a limitation, you
agree that when using the firstMT.com Services, you will not:
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Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
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Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
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Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all necessary
consent to do the same.
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Use any material or information, including
images or photographs, which are made available through the Services in any
manner that infringes any confidentiality, privacy, copyright, trademark,
patent, trade secret, or other proprietary right of any party.
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Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or
property of another.
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Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Service specifically allows
such options.
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Download any file posted by another user of a
firstMT.com Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such manner.
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Falsify or delete any copyright management
information, such as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using
and utilizing the firstMT.com Services.
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Violate any code of conduct or other guidelines
which may be applicable for any particular firstMT.com Service.
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Harvest or otherwise collect information about
others, including e-mail addresses.
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Violate any applicable local, state or federal
laws or regulations.
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Create a false identity for the purpose of
misleading others.
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Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
firstMT.com has no obligation to monitor the firstMT.com Services. However,
FirstMT reserves the right to review materials posted to the firstMT.com
Services and to remove any materials in its sole discretion. firstMT.com
reserves the right to terminate your access to any or all of the firstMT.com
Services at any time, without notice, for any reason whatsoever.
firstMT.com reserves the right at all times to disclose any information as
firstMT.com deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in firstMT.com 's sole
discretion.
MATERIALS
PROVIDED TO firstMT.com OR POSTED AT ANY firstMT.com WEB SITE.
firstMT.com does not claim ownership of the materials you provide to firstMT.com
(including any `work’ uploaded to be processed and supporting material) or
post, upload, input or submit to any firstMT.com services or its associated
partners and subcontractors for data process and word process, (each a
"Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting
firstMT.com, its affiliated companies, sub-contractors, liaison partner and
necessary sub-licensees permission to use your Submission in connection with the
operation of their Internet businesses (including, without limitation, all
firstMT.com Services), including, without limitation, the license rights to:
copy, distribute, transmit, reproduce, convert, edit, translate and reformat
your Submission; to publish your name in connection with your Submission; and
the right to sublicense such rights to any supplier of the Services.
No
compensation will be paid with respect to the use of your Submission, as
provided herein. firstMT.com is under no obligation to post or use any
Submission you may provide and firstMT.com may remove any Submission at any time
in its sole discretion.
By Posting
a Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions. Also you acknowledge that you clearly
understand the working or operational model of firstMT.com’s outsourced
services. In order to offer competitive rate & prompt turnaround of our
services, firstMT.com reserves the rights to outsource the work to off-shore
processing house who work under direct contract of firstMT.com and under
compliance of firstMT.com’s operational, security, privacy & legal policy.
Occasionally firstMT.com also employs off-shore quality assurance and audit
agencies to that examine such work are completed as per firstMT.com’s higher
standards & quality. By Posting Submission to firstMT.com & related
infrastructure, you confirm that you are not violating local, state & federal
laws or any other agreements you may have with other authorities and
organization.
In
addition to the warranty and representation set forth above, by Posting a
Submission that contain voice-files, text files, data files, databases, tables,
scanned images, images, photographs, pictures or that are otherwise digital or
analog in whole or in part ("Files"), you warrant and represent that (a) you are
the copyright owner of such files, or that the copyright owner of such files has
granted you permission to use such files or any content and/or files contained
within such files or folders consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services, (b) you have
the rights necessary to grant the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted in such files, if any, has
provided consent to the use of the files as set forth in these Terms of Use,
including, by way of example, and not as a limitation, the distribution,
sub-contract, convert and reproduction of such files. By Posting files, you are
granting (a) to all members firstMT.com community (for each such Files available
to members of such private community who is authorized to access such Files)
permission to use your Files in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example, and not as
a limitation, making copies, processing, converting and distributing strictly
for production purpose which include such Files), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, convert, process, reproduce, edit, translate and reformat
your Files without having your name attached to such Files, and the right to
sublicense such rights to any supplier or sub-contractor of the Services . The
licenses granted in the preceding sentences for a Files will terminate at the
time you completely remove such Files from the Services, provided that, such
termination shall not affect any licenses granted in connection with such Files
prior to the time you completely remove such Files. No compensation will be paid
with respect to the use of your Files.
LINKS TO
THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE FIRSTMT.COM'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF FIRSTMT.COM AND FIRSTMT.COM IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. FIRSTMT.COM IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FIRSTMT.COM IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY FIRSTMT.COM OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
FIRSTMT.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN FIRSTMT.COM'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO FIRSTMT.COM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
FIRSTMT.COM OR ANYONE AT FIRSTMT.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
FIRSTMT.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT
NOTICE.
Copyright © 2004
First Medical Transcription Corporation.
22 W 19th Street, 5th Floor,
New York, NY 10011 U.S.A. All rights reserved.
TRADEMARKS.
firstMT, firstMT.com, firstMT.communication, firstMT.communicator, MTfileXchange and/or other
firstMT.com products referenced herein are either registered trademarks or
trademarks of
First Medical Transcription Corporationin the U.S. and/or other countries. The names
of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names,
email addresses, logos, people and events depicted herein are fictitious. No
association with any real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be inferred.
Any rights
not expressly granted herein are reserved.
Send your
questions to the appropriate contact as listed below:
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firstMT.com Web properties, contact
info@firstMT.com
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firstMT.communicator, contact
info@firstMT.com
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First
Medical Transcription Corporation,
contact
info@firstMT.com
FirstMT.com Terms of Use.
First Medical Transcription Corporation
22 W 19th Street, 5th Floor
New York, NY 10011
Last Updated: 0/17/2004 2:15:46 PM
©2004 First Medical
Transcription Corporation. All rights reserved
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