Falcon Reviews Online Classes

THE FALCON ONLINE TRAINING WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SUBSCRIBING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS FALCON ONLINE MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.

Address
Falcon Physician Reviews, Inc.
1431 Greenway Drive #800
Irving, Texas, 75038
Customer Service
Visit: http://www.FalconReviews.com/FalconOnline

2. Definitions.

“Falcon Online,” “Website,” or “Site” refers to the website maintained on the World Wide Web by Falcon Physician Reviews, Inc. available at http://www.FalconReviews.com/FalconOnline.
“Online Courses” means the subscription-based database of audiovisual works that is available through Falcon Online and is part of Falcon Online.
“User” refers to any party who accesses the Site including the Online Courses.
“Subscriber” refers to any party who accesses the Online Courses.
“access” means accessing, viewing the content or otherwise obtaining information located at the Online Courses.
“Agreement” refers to these terms and conditions of use and any subsequent modification.

3. Acceptance of Terms.

Please carefully read the following Terms of Use and Disclaimers before accessing and using Falcon Online and the Online Courses. By accessing the Online Courses via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.
Falcon Physician Reviews, Inc. reserves the right to modify these terms of use at any time without notice to User. Any change in these terms of use is effective immediately upon User’s receipt of notice from Falcon Physician Reviews, Inc. Notice can be given through e-mail, posting on the Site or any other means by which User may obtain notice. User agrees to periodically check these terms of use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.
User is solely responsible for providing the equipment related to accessing the Site, including all computer, remote communications equipment, telephone or other equipment.

4. Authorized Use.

Falcon Physician Reviews, Inc. hereby grants to you a non-exclusive license to use and access the content and information available at the Online Courses according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to the terms of the this Agreement.

5. Fees.

The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable. The term "Month" is defined as any 30 day period. Fees are payable in one-month, two-month or three-month packages.

6. Access to the Online Courses.

Falcon Physician Reviews, Inc. strives to provide the Online Courses to its Subscribers on a continuous basis. To that end, Falcon Physician Reviews, Inc. will take all commercially reasonable efforts to provide uninterrupted access to the Online Courses to its Subscribers. However, from time to time, Subscribers may be unable to access the Online Courses due to conditions beyond Falcon Physician Reviews, Inc.’s control. Such conditions include, but are not limited to: Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Online Courses to its Subscribers, Falcon Physician Reviews, Inc. will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by Falcon Physician Reviews, Inc.
Falcon Physician Reviews, Inc. endeavors to provide the highest quality content to its Subscribers. To that end, Falcon Physician Reviews, Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site and the Online Courses, including, without limitation, the content, availability, access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects Falcon Physician Reviews, Inc.’s computers or databases;
Otherwise engage in any action which Falcon Physician Reviews, Inc. determines is detrimental to the use and enjoyment of the Site.
Capture, download, save, upload, otherwise retaining information and content available on the Online Courses other than what it expressly allowed by the terms of this Agreement;
Permit or provide others access to the Online Courses using your username or password or otherwise;
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site;
Use the content of the Site for purposes other than personal or private use.
Demonstrate or replay the content of the Site in a public setting;
Sell the content of the Site in any form or fashion;
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; “deep link” to the Site content;
Violate Falcon Physician Reviews, Inc.’s security mechanisms, access any data or server you are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
Engage in any other conduct which violates the Copyright Act or other laws of the United States;
Use any device or other means to harvest information about other Users.

In order to ensure that Users of the Site do not engage in prohibited conduct, Falcon Physician Reviews, Inc. reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the Online Courses to any person or entity whose use of the Site suggests prohibited conduct. Access of the materials available at the Online Courses beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Online Courses and will result in revocation or denial of access to the Online Courses. The terms “normal patterns” and “abuse” shall be determined solely by Falcon Physician Reviews, Inc.

8. Warranties.

Falcon Physician Reviews, Inc. warrants that the software that allows Users to access the Online Courses (“Software”), if operated as directed, will substantially achieve the functionality described. Falcon Physician Reviews, Inc. does not warrant, however that use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
Although Falcon Physician Reviews, Inc. has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

9. Disclaimer and Limitation of Liability.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FALCON PHYSICIAN REVIEWS, INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT FALCON PHYSICIAN REVIEWS, INC. RECEIVED FROM YOU FOR A LICENSE TO ACCESS THE ONLINE COURSES, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL FALCON PHYSICIAN REVIEWS, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT FALCON PHYSICIAN REVIEWS, INC. RECEIVED FROM YOU FOR A LICENSE TO ACCESS THE ONLINE COURSES, EVEN IF FALCON PHYSICIAN REVIEWS, INC.. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF FALCON PHYSICIAN REVIEWS, INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. FALCON PHYSICIAN REVIEWS, INC. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF FALCON PHYSICIAN REVIEWS, INC. IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.

10. Copyrights and Trademarks and other Proprietary Rights.

Falcon Physician Reviews, Inc. or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by Falcon Physician Reviews, Inc. or a third party who licensed the right to use such content to Falcon Physician Reviews, Inc. Unless otherwise expressly noted, nothing that you read or see on the Site or in the Online Courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use .

11. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Falcon Physician Reviews, Inc. and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s Prohibited Conduct or other improper or illegal use of the Site.

12. Security.

Users are prohibited from violating or attempting to violate the security of the Site. Falcon Physician Reviews, Inc. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to access the Online Courses. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site.

13. Termination of Agreement.

In addition to Falcon Physician Reviews, Inc.’s other rights, it may terminate this Agreement at any time and at its discretion. Falcon Physician Reviews, Inc. may also terminate access to the Online Courses or cancel subscriptions to the Online Courses without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, engaged in conduct that Falcon Physician Reviews, Inc. deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 8, 11, 12, 13, and 16 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

14. Privacy Statements.

Falcon Physician Reviews, Inc. values your trust. In order to honor that trust, all of Falcon Physician Reviews, Inc.’s employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information you provide. Personal information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information Falcon Physician Reviews, Inc. collects is: name, address, city, state, postal code, telephone number, and e-mail address. Falcon Physician Reviews, Inc. does not rent, sell, or exchange information about website visitors and generally restricts access to User information to qualified Falcon Physician Reviews, Inc. employees. Third parties who need access to Falcon Physician Reviews, Inc. User information in order to provide operational or other support services are required by Falcon Physician Reviews, Inc. to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.

15. Miscellaneous.

These terms of use constitute the entire agreement between Falcon Physician Reviews, Inc. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Falcon Physician Reviews, Inc. and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, Falcon Physician Reviews, Inc. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Falcon Physician Reviews, Inc.’s remedies are cumulative and not exclusive. Failure of Falcon Physician Reviews, Inc. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Falcon Physician Reviews, Inc. makes no representation that the content of the Site is appropriate or available for use in all locations.

16. GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement is governed by Texas law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Falcon Physician Reviews, Inc. shall be finally resolved through binding arbitration in Irving, Texas and each User consents to exclusive jurisdiction and venue in Texas for such purpose. Any dispute arising out of this Agreement shall be governed by the laws of the State of Texas, U.S.A., notwithstanding any conflicts of law principles.
If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect. Falcon Physician Reviews, Inc.’s failure to insist on strict performance of any of the terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Site.