Revision Date: May 18, 2017.
Resident Swap, Inc. is a corporation organized under the laws of Delaware State. This agreement is between you and Resident Swap, Inc.
Acceptance of Terms Through Use
Resident Swap, Inc. operates the ResidentSwap.org website and performs all associated services and activities. Resident Swap, Inc. disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. Resident Swap, Inc. does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall Resident Swap, Inc. (or any persons or entities related thereto, service providers, licensors or contractors) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, server downtime, and any other technical problems including, but not limited to, problems with message or information delivery, problems with protecting user's identity or any other identifying information, or any security breeches. Any failure by Resident Swap, Inc. to enforce this policy in every instance in which it might have application does not amount to a waiver of Resident Swap Inc's rights.
You must use this site and the Resident Swap, Inc. Services in accordance with the terms of this policy and your Resident Swap, Inc. Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.
User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site, the following rules have been established to protect against abuse.
Use of this site or Resident Swap, Inc. Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site or any other party's use or enjoyment of this site is strictly prohibited.
Specifically, you may not:
You agree that all information supplied to you by Resident Swap, Inc. is confidential, and you will not share any part of this information with others.
You are forbidden from attempting to transmit unsolicited or commercial emails, faxes, or phone calls, for any purpose other than:
You may not send unsolicited and/or mass e-mailings from any Resident Swap, Inc. account, or via another service which in any way implicates the use of this site or Resident Swap, Inc. Services, Resident Swap, Inc. equipment, Resident Swap Trademark, or any Resident Swap, Inc. e-mail address.
Furthermore, attempts to transmit or relay unauthorized emails constitute Unauthorized use of a Computer (Criminal Misdemeanor), Computer Trespass (Criminal Felony), and Trespass to Chattels against our computer system (Civil Tort). Abuses from IP addresses under your control will be reported to FTC, at Resident Swap, Inc.'s discretion.
Any emails, faxes, and phone calls having the following attributes are considered Unsolicited Communications: (i) that is relayed from any Resident Swap, Inc. or third party's mail servers without permission; (ii) which employs techniques to hide or obscure the source of the e-mail; (iii) which are sent, or caused to be sent, to or through the Resident Swap, Inc. Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender (i.e. no proof of opt-in for the specific recipient), or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
Resident Swap, Inc. reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Resident Swap, Inc. Network
PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal ("CAN-SPAM") (P.L. 108-187) Act or Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.
Your participation in online communication or use of any Resident Swap, Inc. service is not edited, censored or otherwise controlled by Resident Swap, Inc. However, Resident Swap, Inc. reserves the right to monitor content on this site and any Resident Swap, Inc. Services and to remove content, disable pages, or suspend or terminate services if Resident Swap Inc., in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
Resident Swap, Inc. makes no representation that materials available on this site or any or through any Resident Swap, Inc. service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by Resident Swap, Inc. from other locations are responsible for compliance with local law.
Intellectual Property Rights
Copyright: All Resident Swap, Inc. web site design, text, graphics and the selection and arrangement thereof are the copyrighted, 2006-2017. All rights reserved. Copies are not to be made without express permission from Resident Swap, Inc. and its licensors. This includes, but is not limited to printed and electronic copies. The copyright holder shall, in any event, retain all copyright and other proprietary interests therein. "Resident Swap" is a licensed trademark, which is pending registration with United States Patent and Trademark Office.
Subscriber Responsibilities: Subscribers and website visitors are forbidden from redistributing any information supplied by Resident Swap, Inc. This restriction includes information published on ResidentSwap.org web site, or sent in the form emails or SMS phone messages. This includes, but is not limited to, information about: vacant positions, information about users and residency programs that have a resident willing to trade positions. The subscriber is charged with the responsibility of protecting the content from being copied or redistributed. This includes, but is not limited to, clearing browser's cache after each use, taking all necessary steps to protect against unauthorized access to the subscriber's computer, ensuring the security of the login password, etc. Posting of Resident Swap, Inc. content on Peer-to-Peer services or elsewhere on the internet in expressly forbidden. In the event that Resident Swap, Inc. learns of unauthorized copies or redistribution of its content, the subscriber identified by the access logs to the web site will be charged a penalty fee. Resident Swap, Inc. reserves the right to use the billing information on file or any other means to obtain this fee. Subscriber acknowledges and agrees that in the event of any violation thereof, Resident Swap, Inc. shall be authorized and entitled to obtain, from any court of competent jurisdiction, preliminary and permanent injunctive relief without the necessity of a bond. The aforesaid rights and remedies shall be independent, severable and cumulative and shall be in addition to any other rights or remedies to which the Corporation may be entitled under law or in equity. In addition, at the Corporation’s option in lieu of proving actual damages in a proceeding, the Corporation shall be entitled to hereby agreed upon liquidated damages in the amount of Eight Hundred ($800) Dollars for each item in violation of this clause.
Subscribers, website visitors, and other persons and entities may not:
Both vacancies and swap positions can be reported by the website visitors, and Resident Swap, Inc. makes no representation that these website visitors post factual or current positions. Resident Swap, Inc. reserves the right to confirm posted vacancy positions with residency programs to ensure accuracy, or to otherwise verify these posts before or after being published, by any method at the discretion of Resident Swap, Inc. The corporation reserves the right to deny publishing of any post, and reserves the right to modify any post. Whenever posted positions fill, residency programs often notify Resident Swap, Inc. since they usually do not want continued inquiries from applicants. However, that is not always the case, and Resident Swap, Inc. cannot rely solely on this. Residentswap.org website has a flagging system that allows users to report any openings discovered to be filled. If you discover any positions that are out of date, you agree to notify us by clicking the appropriate "Report as out of date" button located by each of the posts. Resident Swap, Inc. will confirm appropriateness of the removal with the residency program. Resident Swap staff reserves the right to periodically check posted positions, and to remove any posts deemed to be out-of-date. If not removed earlier by one of the above processes, all remaining vacancy posts are automatically removed after 90 days, and swap posts are automatically removed after 12 months.
You acknowledge and agree that displaying swap positions to you is contingent on you posting accurate location, specialty and PGY level of your current position as a swap position, and is further contingent on your current position being desirable to other users who are searching for swap positions. To protect user's privacy, Resident Swap, Inc. will, at its sole discretion, filter out swap posts which would be non-viable for you, and will prevent these from being displayed, wherein the other user's search filter excludes your current position due to factors such as location, specialty, or PGY level. It is therefore probable that you may not be able to view every posted swap position because some of the other users might not interested in your current position.
Trademark: Resident Swap, and all other related names, design marks, product or feature names are either registered trademarks or trademarks of in the United States and/or other countries. These marks may not be used without the express written permission of Resident Swap, Inc. and their licensors. All other products and services referenced in this site are the trademark or services marks of their respective owners.
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Resident Swap, Inc. service. Nothing on any Resident Swap, Inc. website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Resident Swap, Inc. by virtue of it being displayed or made accessible on any Resident Swap, Inc. website. Except as expressly authorized, you agree not to use this site or any Resident Swap, Inc. Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Resident Swap, Inc. Services.
You shall not make any statements, in writing or otherwise, that disparages the reputation or character of Resident Swap, Inc., residentswap.org website, Resident Swap trademark, or any of its affiliated entities, at any time for any reason whatsoever, except that nothing in this subsection shall prohibit the user from giving truthful testimony in any litigation or administrative proceedings provided that you must give Corporation written notice of such pending oral or written testimony so the Corporation can seek an appropriate protective order.
User's Grant of Limited License
By posting or submitting content to any website operated by Resident Swap, Inc, you:
Refunds:Resident Swap provides information about residency and fellowship vacancies to the subscribers. Subscribers who are provided information about any viable residency or fellowship vacancy position either by the Resident Swap website or via any communication sent by Resident Swap such as email or SMS cell phone message will be disqualified from receiving a refund for the entirety of the current subscription term. Subscribers are responsible for providing accurate and current email address and complete mobile phone number, appropriately configuring their search filter, ensuring that their email system does not inappropriately block or delay messages containing vacancy alerts, and are responsible for immediately reading the alert messages. To request a refund, the customer must first notify Resident Swap, Inc. in writing, via email or via contact form available on the residentswap.org website, and must include account identifying information such as a username or email address associated with the account, brief description of the reason for the refund, and must indicate which of the agreed-upon provisions below applies to the refund request. The time limits for submitting refund request shall be starting on the date of subscription expiration, and ending at 6 months (182 days) following the purchase date, and no refunds will be issued outside of these time limits. Resident Swap, Inc. reserves the right to confirm user's identity, and will consider and respond to refund requests within 10 business days. Refunds will be issued at the discretion of Resident Swap only in the following uncommon situations:
Links to Other Sites
Resident Swap, Inc. may contain links to third party Web sites. These links are provided as a convenience. The content of these third party websites is not endorsed or controlled by Resident Swap, Inc.
Controlling Law and Termination
This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of Delaware without regard to its choice of law principles, and any disputes hereunder shall be brought exclusively in the Court of Chancery, Delaware.
Resident Swap, Inc. reserves the right to deny or terminate services to any one and for any reason.
Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by an Resident Swap, Inc. subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please contact Resident Swap, Inc.