EMS Compact

Terms & Conditions

Website Terms & Conditions of Use

Effective October 2021

Introduction

By using this Interstate Commission for EMS Personnel Practice ("ICEMSPP") website (hereinafter, "Site" unless otherwise specifically identified), you signify your understanding and agreement to these Terms & Conditions of Use and that you will be bound by them. If you access or use this Site on behalf of an entity, you represent that you have the authority to bind that entity, and these Terms & Conditions of Use are the agreement of such entity. In that event, “you,” “your,” “visitor,” and “user” refer to that entity as well as you individually. If you do not agree to these Terms & Conditions of Use, you may not use or access this Site or its content and services. ICEMSPP may at any time make modifications, improvements, or changes to these Terms & Conditions of Use, the information, names, images, pictures, logos, and icons described in this Site, or the products and services referred to within, with or without notice. Your continued use of this Site following the posting of any changes to these Terms & Conditions of Use will mean you accept such changes.

No Warranty for Content on ICEMSPP Site or Linked Websites

This Site and the information, names, images, pictures, logos, and icons regarding or relating to products and services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any material downloaded or otherwise obtained through the use of this Site is done at your own risk and discretion, and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or use of any such material.

You expressly understand and agree that in no event shall ICEMSPP, its affiliates, contractors, or their respective employees or agents be liable for any damages whatsoever, whether in an action of contract, negligence (tort), or any other cause of action or theory of recovery, arising out of or in connection with the use or performance of this Site, including without limitation liability for any special, indirect, or consequential damages resulting from loss of use, data, or profits, even if ICEMSPP has been advised of the possibility of such damages.

ICEMSPP is not responsible for and makes no warranty regarding the content posted on the Site. The posted information does not constitute, and is not posted for the purpose of providing, medical or EMS practice advice. We encourage you to consult authoritative resources for more detailed information about the information posted. The Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered, at our sole discretion. Additionally, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into this Site at any time at our sole discretion.

This Site may also contain links to other websites and resources. ICEMSPP is not responsible for the availability of these external websites nor does it endorse, nor is it responsible for, the content, advertising, products, or other materials made available on or through such websites, except to the extent that it will protect such content as described in our policies. Under no circumstances shall ICEMSPP be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with this Site or linked websites.

Your Limited Right to Use Site Materials for Personal Use

The Site is provided solely for your personal, noncommercial use. The Site contains copyrighted material, trademarks, and other proprietary information (collectively, "Intellectual Property") including text, software, photos, and graphics. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit the content of this Site without the express prior written permission of ICEMSPP and/or the copyright owner or except as otherwise expressly permitted under United States Copyright Law. Fair use under U.S. Copyright Law permits you to reproduce single copies of copyrighted material for your personal, non-commercial, private, and scholarly use when attribution is given. You acknowledge that you do not acquire any ownership rights by downloading any content from this Site. ICEMSPP reserves the right to revoke a user’s use of the Site at any time and without prior notice.

Our Right to Use Materials You Submit or Post

When you submit or post any material via the Site message boards, page commenting, or user rating functions (collectively referred to as "Community Features"), you grant ICEMSPP a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including but not limited to rights under copyright, trademark, patent, and all other intellectual property laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. ICEMSPP also reserves the right to delete any content you post for any reason at any time and within its sole discretion.

Inappropriate and/or Offensive Content

If using Community Features, you may not post content or links to external sources of text, images, other media, or documents that in any way may be seen as insulting, disruptive, or offensive by other persons as determined by ICEMSPP in its sole discretion. Examples of forbidden content include, but are not limited to, sexually explicit messages, cartoons or jokes; unwelcome propositions; ethnic or racial slurs; or any other message that may be construed to be harassment or disparagement of others based on their sex, race, sexual orientation, age, national origin, disability, or religious or political beliefs. Forbidden content also includes the use of profanity or obscene language in communication exchanges with other users. ICEMSPP reserves the right, in its sole discretion, to delete such content and to suspend or terminate your access or use of this Site.

Suspension or Termination of Access or Use

ICEMSPP may block, suspend, alter, or terminate your access to or use of the Site for any reason in its sole discretion, at any time, and without prior notice, including because your access or use compromises or impedes the Site’s functionality. ICEMSPP will not be liable to you or any third party for termination or suspension of access or use of the Site. Suspension or termination will not affect your continuing obligations under these Terms & Conditions of Use, which are intended to survive such suspension or termination.

Additional Terms

ICEMSPP prohibits the use of ICEMSPP logos as a "hot" link to the Site unless the establishment of such a link is approved in writing by ICEMSPP. You may establish a hypertext link to this Site from your website provided that:

  1. The link must be a text-only link clearly marked "ICEMSPP" or "EMS Compact".
  2. The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with ICEMSPP’s name and service/trademarks.
  3. The appearance, position, and other aspects of the link may not create the false appearance that you or any other entity is associated with or sponsored by ICEMSPP.
  4. The link, when activated by a user, must display this Site full-screen and not within a "frame" on the linked Site.
  5. ICEMSPP reserves the right to revoke its consent to the link at any time in its sole discretion.

Users may not, without obtaining ICEMSPP's written permission, republish, redistribute, or otherwise make any copies of the content on this Site as part of the link, including by framing or similar means, or otherwise.

Privilege to Practice Verification Terms & Conditions

Please read and certify that you have read the disclaimers and terms and conditions for access to the National EMS Coordinated Database (NEMSCD) and to use the Privilege to Practice Verification service. If you are an employer of EMS personnel, you may also be subject to compliance with the Fair Credit Reporting Act ("FCRA").

The NEMSCD is the repository of the license and disciplinary data of EMS Compact member states. The ICEMSPP grants you a limited, non-exclusive, and non-transferable license to access the NEMSCD database to verify your licensure and disciplinary history for purposes of licensure, endorsement, and/or employment. This license does not permit or include the right to any reproduction, reuse, sale, or other commercial or derivative use of any NEMSCD/ICEMSPP or member state data. You are prohibited from downloading or copying any data for any third party's use or from accessing the NEMSCD database with any data mining or automated data gathering or extraction tools.

Notice – Disclaimer of Representations & Warranties

Participating EMS Compact Member States designate the NEMSCD as a primary source equivalent database. The ICEMSPP posts the information in NEMSCD when and as submitted by the individual member states. ICEMSPP and the database administrator may not make any changes to the submitted information and disclaim any responsibility to update or verify such information as it is received from the individual EMS Compact Member States. NEMSCD displays the data as received from the Member States and includes the dates on which a Member State updated its information in the NEMSCD. To challenge the content, accuracy, or completeness of individual records displayed in the NEMSCD system, contact the data owner and submitter, the Member State Office of EMS.

NEMSCD and the Fair Credit Reporting Act

To access and obtain information from the NEMSCD, employers must comply with the Fair Credit Reporting Act ("FCRA") and the following terms and conditions:

(A) You will seek NEMSCD records:

  • As an employer, only for EMS personnel employed by you, assigned to you as temporary staff from a third-party staffing vendor, and/or applying for employment with you or that vendor.
  • As an emergency response organization, only on EMS personnel listed on your employment registry to update their licensure status.
  • As a credentialing service, only on EMS personnel employed by your customer.
  • As an education provider, only on EMS personnel enrolled in your EMS education program.

If you are an individual EMS provider, you may use the system for self-monitoring and Privilege to Practice status verification.

(B) To use such records for any purpose, including evaluating anyone for employment, you must also certify that you will:

  1. Comply with all FCRA notification and authorization requirements, including authorization to obtain periodically updated records, before obtaining any information from NEMSCD.
  2. Not use the records obtained from ICEMSPP/NEMSCD in violation of any federal or state equal opportunity law or regulation.
  3. Provide a copy of the records to the individual and a summary of the individual’s rights under the FCRA if any adverse action is to be taken based, in whole or part, on records obtained from ICEMSPP/NEMSCD.

Indemnification

You agree to indemnify and hold ICEMSPP/NEMSCD, their affiliates, and their respective officers, directors, volunteers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by you or any third party arising out of your use of the Site, the content and information contained on the Site, content and information you post on the Site, your violation of these Terms & Conditions of Use, or your or a third party’s violation of any law, regulation, or the rights of any other person or entity.

Controlling Law and Jurisdiction

These Terms & Conditions of Use and any related action will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms & Conditions of Use will be the state and federal courts located in Mechanicsburg, Cumberland County, Pennsylvania, United States, and you waive any objection to this jurisdiction and venue.

Entire Agreement

These Terms & Conditions of Use constitute the entire agreement between ICEMSPP and you regarding the Site. They supersede and replace all prior agreements between ICEMSPP and you regarding the Site and its contents.

Assignment

You may not assign or transfer these Terms & Conditions of Use by operation of law or otherwise without the prior written consent of ICEMSPP. Any attempt to assign or transfer without such consent will be null and void. ICEMSPP may freely assign these Terms & Conditions of Use.

General

The failure of ICEMSPP to enforce any right will not constitute a waiver of future enforcement of that right. The waiver of any such right will be effective only if in writing and signed by ICEMSPP’s duly authorized representative. Except as expressly stated in these Terms & Conditions of Use, the exercise by ICEMSPP will be without prejudice to its other remedies under these Terms & Conditions of Use or otherwise available. If a court of competent jurisdiction finds any provision of these Terms & Conditions of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms & Conditions of Use will remain in full force and effect.