Terms, Conditions & Disclaimers

/Terms, Conditions & Disclaimers
Terms, Conditions & Disclaimers 2018-06-13T13:39:17+00:00

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the websites operated by AmeriClerkships Medical Society, Inc. (“AMS”) and certain of AmeriClerkships’ subsidiaries, including this website (the “Website” or “Websites”).

BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY AMS TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. AMS may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

WEBSITE AND CONTENT

Website Availability

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability. In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

Copyright

All content on the Website is protected by copyright, and owned or controlled by AMS, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.

Personal Non-Commercial Use

This Website is for your personal and noncommercial use only. This Website uses the Creative Commons licensing standards (www.creativecommons.org). By using this Website, you agree to be bound by the Creative Commons license associated with this Website. The terms of the license are available through a link located at the bottom of each page of the Website. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from AMS (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Links/Advertisements/Search Engines

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by AMS or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Website (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, (2) no “scraping” of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages and (4) each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below).

Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.

Commercial Transactions

Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.

No Representations or Warranties

AMS and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).

Permission to Use

acmedical.org and americlerkships.org are the official website of AmeriClerkships Medical Society’s (AMS, or AmeriClerkships), and contains material protected by international copyright and trademark laws. Permission to use, copy and distribute material available at website is granted, provided (1) the copyright and permission notices contained herein appear in all reproductions, (2) the use of information from this site is for noncommercial, educational, and scientific purposes only, (3) no documents or images from this site are modified in any way, (4) no copyright, trademark or other proprietary notices are removed or modified, and (5) no documents or images from this site are used on any other website or downloaded to any other networked computer environment without the express written consent of AMS. All parties downloading, printing or using documents or images contained in this website represent and warrant their use will be consistent with these permissions. Any rights not expressly granted herein are reserved by the AMS.

Privacy

When a visitor accesses this website, AMS receives information that is automatically sent to AMS via the visitor’s web browser. The amount of information sent varies according to the visitor’s browser settings. AMS does not seek to identify any individual visitor to this website, absent a security breach or suspected legal violation. Visitors sending e-mail to AMS are voluntarily releasing information to us. AMS reserves the rights to forward individual identifying information received at this website to any of its affiliates for direct marketing purpose.  AMS can use an e-mail address to respond to a visitor and for the other purposes described in this section. AMS cannot make any representations about data collection at hyperlinked sites not governed by AMS.

Clinical Site Search & Clinical Site Options Disclaimer

The location of the pins on the map are based on zip codes, and may not correspond to the physical address of your final clinical site. The distance calculated is approximate, using the quickest route to destination with a private vehicle. Your final distance may differ significantly depending on your route, mode of transportation and location of your final approved clinical site. Please keep in mind that by enrolling with AmeriClerkships, you realize the start dates & locations may change due to unforeseen circumstances, therefore you give AMS consent to reschedule you into another clinical site with similar Feature within 50 miles of your original clinical site, in case your original site becomes unavailable. Hospital names and Attending Physician Status may change without notice.

Definitions

  • Experience: Refers to in person patient-oriented clinical exposure. The term “experience” does not, and should not imply to one that he or she is engaged in the practice of medicine or surgery, or that he or she is free to function as would a licensed physician in any capacity. It is the sole responsibility of each medical student and graduate at all times to not engage themselves in the practice of medicine without a license, which is considered a felony offense in most-all of United States.
  • Practice of Medicine: Although the definition may vary slightly from one jurisdiction to the next, the “Practice of Medicine” is generally defined as a regulatory body’s allowance of practitioners to make decisions to best serve their patients. Other definitions include: A) Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine and surgery; B) Any offer or attempt to prescribe, order, give, or administer any drug or medicine and surgery for the use of any other person, except as otherwise authorized by law; C) Any offer or attempt, except as otherwise authorized by law, to prevent, diagnose, correct, or treat in any manner or by any means, methods, devises, or instruments except for manual manipulation any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of pregnancy and parturition, except as otherwise authorized by law.
  • Unlicensed Practice of Medicine: Engaging in practicing medicine without appropriate licensure to do so. Such rules and regulations vary from state to state and it is the sole responsibility of each medical student, medical graduate, attending physician and or any other individual or entity to become familiar with such activity, to not engage in them or to assist in any such engagement.
  • Clinical Experiences: volunteer level experiences that are simply designed to help a future healthcare professional build their resume, without having any responsibilities at any clinical site. These posts are not employment, not for pay, nor may they be extended past their designated
  • Clinical Clerkships or Externships or Rotations: Structured clinical experience supervised by U.S. licensed physicians. From time to time, physicians may employ licensed Nurse Practitioners, Physician Assistants or other professionals designations who partially cares for their patients. From time to time, students may be assigned to follow these non-M.D. professionals for a partial duration of their clerkships, while still remaining under the direct supervision of a U.S. licensed physician.

General Disclaimers

United States medical schools that are accredited by the LCME, or residency programs accredited by the ACGME receive many more qualified applicants than they can accommodate. Many students emerge from their “off-shore” medical school experience in good enough shape to obtain ECFMG (Educational Commission for Foreign Medical Graduates) certification and to compete successfully for a place in an accredited residency, with contributions that cannot be overestimated. In addition to shoring up the U.S. physician supply generally, International Medical Graduates (IMG’s) have contributed disproportionately to the ranks of primary care physicians and to those practicing in underserved areas, to say nothing of their contributions to medical school faculties and to medical science. Currently, 25% of the U.S. physician force is comprised of IMG’s and approximately 6,000 of the nearly 30,000 annual residency positions are filled by IMG’s, the majority of whom remain permanently in this country to practice in primary care fields. However, there are far more IMG’s than clinical clerkships or medical residencies can accommodate. As a result, several United States agencies regulate the entry and practice of IMG’s in the United States , which are quite different than individualized policies determined by U.S. residencies. We suggest that each AMS client first concern themselves with residency program requirements, then synchronize them with state licensure policies. For admission, residency directors look at (1) USMLE board scores (Step 2 > Step 1) and number of attempts, (2) up to one academic year of pre-residency insured U.S. clinical experience, (3) gaps in medical education, (4) commitment to specialty, (5) 4 to 5 recent U.S. letters of recommendation from licensed U.S. physicians typically dated 12 month or less, (6) ECFMG Certification, and (7) clinical evaluation grades on U.S. clinicals, (8) Dean’s Letter (MSPE), (9) Personal Statement, and (10) a consistent residency application that is easy to read. We at AMS focus on improving your chances at securing a residency interview and eventual medical licensure in the U.S. by addressing three major areas: (1) pre-residency insured U.S. clinical experience, (2) helping you secure U.S. letters of recommendation directly from Attending Physicians who supervised your clinical blocks, (3) making you a more competitive residency applicant by acculturating your ERAS application, (4) providing U.S. medical licensure consultation to medical graduates and medical schools, globally, and (5) creating both national and international healthcare alliances to better represent our successful clients. However we are mindful of certain state and regulatory policies that may prohibit us from offering you our services in certain geographical regions, over which AMS, its companies and affiliates may have no influence or control. It is your responsibility to identify the state(s) that you would like to do residency and ultimately practice medicine in, and enroll in AMS services that best serve those end goals. It is also your duty to comply and stay up to date with individual state medical board laws, or residency requirements, hospital policies, HIPAAJoint Commission regulations and policies, etc… whose policies differ and continuously change across the United States and among one another. Although we strive to keep our staff members and representatives up to date with as many policies, residency requirements and legal challenges as possible, AMS, its companies and affiliates are not liable for any problem(s) that may arise when applying for licensure to practice medicine, U.S. medical residency entry, placement in clinical blocks, or any damage(s) or loss caused by, allegedly caused by or connected with the purchase or use of any goods, services, consultations and or clinical blocks offered and or sold through any of our companies or representatives.

Member Guideline, Notice and Disclaimers

Healthcare students and graduates (hereafter collectively called “Members”) are often enthusiastic about new clinical opportunities, particularly if the problem seems simple. This situation can jeopardize your future. Anyone who is accused of practicing medicine without a license, even if it is at the instigation of a supervising physician, may not be allowed to complete his or her career in medicine, and it may be difficult or impossible to get a license, residency training or malpractice insurance. As a Member, you are subject to federal, state and local rules, laws and regulations that you may not know about. As such, please note the following:

  • AMS is a placement agency; you have contracted with AMS to be place with licensed physicians who may accept and provide you with clinical experience in the United States;
  • You must not engage in the “Practice of Medicine” as you are not licensed to do so. Anyone who appends to his or her name the letters “M.D.”, “Doctor”, “Professor”, “Specialist”, “Physician ” or any other title, letters or designation is representing that he or she is a physician, or one who for a fee or any form of compensation can diagnose and or treat disease, injury or deformity. Therefore refrain from calling yourself an ” M.D.”, “Doctor”, “Professor”, “Specialist” or a “Physician”, as this can endanger you of engaging in the very serious crime of “Practicing Medicine Without a License”, which is prosecutable by law as a “Felony”;
  • Patient confidentiality is the law. You must not discuss any patient information with anyone who is not authorized to be involved in that patient’s care. You agree that you have been familiarized with HIPAA rules and regulations, and that you have entered into a HIPAA Business Associates Agreement with AMS.

Our Commitment to Clarity

It is our intent to provide our Members with a level of service and experience that is unparalleled, starting with this document. Please read Our Commitment to Clarity carefully, and let us know how we may make your membership experience a more pleasant one. This statement of clarity is not meant to explain all the mutual commitments made by AMS and its Members, and it does not replace or in any way alter the membership agreement signed by each Member. Enrollment in AMS directly implies that the enrolled Member agrees to Our Commitment to Clarity.

Professional Medical Liability Insurance Policy

AMS agrees to procure and maintain in full force and effect during the term of each of its Member’s membership term, professional and general liability insurances, not less than $1,000,000 per occurrence, and $3,000,000 aggregate, for injury and damage to persons or property resulting from the negligent acts or omissions, or willful misconduct of AMS or AMS Members. Said general and professional liability insurance shall insure AMS and AMS Members against claims, demands, losses, costs, expenses, and damage to persons or property arising out of or in connection with authorized Clinical Blocks at Clinical Sites. Subject to applicable state law, neither party to Agreement shall be liable for the consequences, whether bodily injury or property damage, occasioned by an act, omission, or neglect chargeable to any other party. Where Worker’s Compensation or other obligation for payment of benefits may arise, this policy shall neither enlarge nor diminish such obligation.

Health Insurance and Transportation Policy

Members shall be responsible for their own transportation to and from Clinical Site and personal health insurance during their Clinical Blocks at Clinical Site.

Blood Borne Pathogen Policy

AMS is committed to a policy of non-discrimination and protecting the legal rights and privacy of Members infected with blood-borne pathogens while also protecting the health of the public. A Member who is infected may attend the AMS clinical program; however, certain restrictions may be imposed on the scope of the infected member’s training. Actual recommendations and advice to the Member will depend on current findings and standards of practice. All matriculated AMS Members will have their Hepatitis B immunity status confirmed as part of the Society’s immunization policy. Although testing for hepatitis C and human immunodeficiency virus is not required for attendance at AMS it is the professional responsibility of any Member who has risk factors for these diseases to make arrangements for serologic testing. Members who are aware that they are infected with a blood-borne pathogen [including but not limited to Hepatitis B virus (HBV), Hepatitis C virus (HCV), and Human Immunodeficiency virus (HIV)], if not currently under the care of a personal physician, are strongly urged to contact the Member Health Service so that appropriate medical treatment may be instituted or continued. Members infected with a blood-borne pathogen must avoid circumstances in which they could potentially transmit their infection to others. They are required, therefore, to disclose their infection status at the beginning time of their enrollment, or which other time that they become aware of such infection, to AMS in order to arrange any necessary adjustments to practice. Such notification is considered a professional responsibility of the Member, and failure to disclose blood-borne pathogen infection status will be grounds for disciplinary action, up to and including dismissal from AMS. AMS clinical program reserves the right to restrict Members who may transmit blood-borne pathogens from situations that place others at risk, and will ask the Member in question to provide documentation from his/her U.S. licensed physician about any clinical limitations that his/her condition may require. Reasonable adjustments will be made for any Member who has tested positive for a blood-borne pathogen to be able to continue medical education. Restrictions and adjustments will be determined on a case by case basis by the AMS Blood-Borne Pathogen Review Panel. In addition to the recommendations provided by the infected Member’s physician, the Chief Clinical Officer will provide guidance and elective rotation oversight to all Members who have a blood-borne pathogen infection. Every reasonable effort shall be made to maintain confidentiality regarding the blood-borne pathogen status of Members. Nevertheless, before an infected Member begins a clerkship; directors and supervisors of that clerkship may be informed on a need-to-know-basis of limitations imposed on the Member’s activities. In the event that an urgent determination is required, the Chief Clinical Officer will issue temporary restrictions. AMS considers it a standard practice to ask its Members with any questionable health status to provide clearance from his/her own U.S. licensed physician with a complete list of some of the procedures which this Members may not be allowed to undertake or participate in. Members infected with blood-borne pathogens should be aware that, based on current medical knowledge and practice, they may be restricted from future residency training and specialty practices which require the performance risk-prone procedures. A Member infected with HBV, HCV, or HIV may continue in the program as long as he or she is able to carry out the physical and intellectual activities of all Members as outlined in the AMS Enrollment Agreement. Demonstrated competence on Standard Precautions is required of Members in clinical programs of the AMS clinical program. In addition to the AMS Policy, Members on clinical rotations are also subject to the blood-borne pathogen disease policies for health care workers at those individual host sites. In summary:

  • First, do no harm to patients and abide by all company, local, state and federal regulations that govern your membership with AMS.
  • It is not difficult for a patient to mistake you as his or her physician, therefore it is your duty and obligation to clearly communicate with each patient the following: “My name is -name-, and I am here to follow Dr. -name- in his practice. I am not a licensed physician, and I’m not involved in the care being provided to you by Dr. -name-. Would you mind if I ask a few questions, do a simple physical exam and take my own notes so that Dr. -name- can later evaluate me? ”
  • You must not practice medicine without a license, with or without the use of medicine (such as the likes of behavioral therapy). You may not perform invasive physical exams (such as breast, genital or rectal exams). You may not perform any invasive procedures, defined as any procedure, test, therapy or surgery that involves going through the skin or muscle or into a vein or artery, such as starting an intravenous line, performing cardiac catheterization, injections, inserting central Lines, or any other procedure that may pose a risk to patient.
  • You may follow your supervising attending physician, take histories of and perform simple physical exams of patients who agree to have you do so, and engage in other non-patient related clinical activity supervised by your attending (case presentations, being placed on call, patient rounds, attending conferences and working with other students and residents).

Family Educational Rights and Privacy Act (FERPA)

AmeriClerkships, Inc. respects the rights and educational records of each and every one of our clients, and will do all to protect it. Hence, we voluntarily abide by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), a Federal law that protects the privacy of student education records. FERPA also gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.” Click here to learn more.

Promotions

Promotions may not be combined, and are valid for one time use only during the time that the promotion is active.  Promotions that entitle the customer to additional or free clinicals is only applicable to clinicals of equal or lesser value, whichever is lesser. Any downgrades or cancellations of a total invoice will revoke all promotions applicable to that invoice. Please contact your AMS representative for other specific details.

General Policies for Changes & Cancellations

For clinicals placement services, please refer to our Policies for Change, Cancellations & Final Sale when reviewing your Enrollment Agreement prior to enrollment. Refunds or credits or exchanges do not apply to FINAL SALE products or services, including, but not limited to memberships, private consultations, document review and revisions, or finalized services. Certain incidents including, but not limited to repetitive and officially documented U.S. visa denials, may qualify for a partial or full refund. Please contact us for details.

Hyperlinks

This site contains hyperlinks to other websites that are not under AMS control. These links are provided for convenience only. AMS makes no representation or warranty, express or implied, concerning the contents of those websites and assumes no liability for the content or any visitor’s use of those sites.

Subject to Change

Due to the nature of services and products offered by AmeriClerkships, the AMS terms and conditions, as well as legal policies pertaining to AMS products, services and its relationships with its Members are frequently updated. Therefore AMS, its affiliates and subsidiaries reserve all rights to modify the content of this or any other web page without notification. The content of this page are informational in nature; for the most up to date list of terms and conditions, as well as legal policies pertaining to AMS products, services and its relationships with its Members, Members of acmedical.org agree to abide by the terms and conditions of their AmeriClerkships Enrollment (Master Service) Agreement, which Members will be directed to agree to and sign online prior to their enrollment.

Have questions? Please contact us.