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TERMS OF USE

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

This Acceptable Use Policy is used in conjunction with the terms of Use agreement. Violating any of these policies grants Resident Swap, Inc. the authority to take action to restrict or terminate your access to services, and to pursue any legal remedy. Resident Swap, Inc. reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any website operated by Resident Swap, Inc., and any product or service offerings or programs described therein. Please check back periodically to review any changes to this policy.

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.

Lawful Use

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:

  • Send unsolicited or commercial emails, or any emails for any purpose other than personally applying to residency, fellowship or medical positions or to communicate with residency candidates, as detailed in the Unsolicited Communications Section.
  • Attempt to use or gain unauthorized access to data, accounts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Resident Swap, Inc. services or those of any other party.
  • Interfere with service to any user, host or network, or attempting to overload the system.
  • Share your username and password with other parties.
  • Make unauthorized copies of the content or derivative works based on Resident Swap, Inc. content, in written, verbal, or other forms.
  • Create multiple accounts for the same user, or create accounts with false information, or in an automated fashion.
  • Display Resident Swap, Inc. content to other people.
  • Additionally, you may not, by use of any Resident Swap, Inc. Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Resident Swap Inc. discretion:
    • Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortuous, indecent, pornographic or inaccurate;
    • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;
    • Has a negative effect on Resident Swap, Inc. or its network (including, without limitation, overloading servers on the Resident Swap, Inc. Network; causing portions of the Resident Swap, Inc. Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Resident Swap Inc., impose an unreasonable administrative burden on the company; etc).

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.

Unsolicited Communications

You are forbidden from attempting to transmit unsolicited or commercial emails, faxes, or phone calls, for any purpose other than:

  1. Candidates can communicate to personally apply to residency, fellowship or medical positions, or in connection to a potential application.
  2. Residency and Fellowship programs can communicate with applicants.

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.

Most email addresses published in the Resident Swap directory are email forwarders intended to stop unsolicited email and spam, and before these are transmitted, require the sender to type-in a code from an image as a proof of being a human, and as a means of indication of agreement to the contract of these Terms of Use. These email addresses contain "Resident Swap" trademark. Unauthorized use of residentswap.org email addresses or unauthorized relaying of messages results in direct harm and damages to Resident Swap, Inc. including harming the reputation of Resident Swap Inc., infringement and harm to the good reputation of Resident Swap trademark and its domain name and that of our server's Internet Protocol (IP) address, endangering it to be listed on external anti-spam block lists, thus interfering with the transmission of legitimate emails from our staff and legitimate users who are applying for residency positions or jobs via email. Unsolicited email attempts, even if successfully blocked, additionally result in undesired heavy burden on our server, slowing down access for other legitimate users. The liquidated damages suffered by Resident Swap, Inc. resulting from unsolicited email transmission are assessed at $900 per each email recipient, regardless if the recipient or the recipient's system subsequently filters out any violating email. The liquidated damages resulting from an attempted email transmission that is blocked by Resident Swap, Inc.'s computer systems are assessed at $10 per email.

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.

International Use

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:

  1. Use the Resident Swap, Inc. database for any purpose other than to personally apply for residency positions.
  2. Send commercial or unsolicited email or initiate telephone or other forms of communication.
  3. Communications requesting the employers or subscribers to post information on competing services is expressly prohibited.

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:

  • Grant Resident Swap, Inc. the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Resident Swap, Inc. Privacy Policy, which is incorporated in and made a part of this Policy; and,
  • Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Resident Swap, Inc. will not infringe or violate the rights of any third party.

Privacy Policy

Resident Swap, Inc. takes users' privacy seriously and takes reasonable measures to protect users' personal information. Resident Swap does not sell or redistribute your information to any unaffiliated third parties. Any personal information received is used only in connection to your Resident Swap account, for the purposes such as alerting you of residency vacancies and swap positions, fulfilling your order, and communication with our customer support staff. Additionally, Resident Swap subscription enables users to choose to communicate with other users of Resident Swap who are typically Residents or Fellows, and with Residency Programs. At the user's discretion, such communication may be carried out anonymously, such as by utilizing Resident Swap email system, or non-anonymously by conventional means. Specifically, Residents' identifying information is not disclosed to residency programs. Resident Swap utilizes the services of trusted affiliated organizations and individuals to carry out some of its operations, and at Resident Swap's discretion, may disclose customer information to these trusted affiliated third parties, for purposes such as payment processing, support, and network infrastructure. Emails relayed through the residentswap.org are normally processed in an entirely automated fashion, without being read by any personnel; however, in cases of suspected abuse and violations of these Terms of Use, Resident Swap Inc. reserves the right to inspect any relayed emails.

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:
  1. If the customer experiences an unusual economic hardship and applies for a subscription fee waiver, subject to approval.
  2. If the customer fulfills the requirements for a free subscription by reporting a vacancy that was not yet known to Resident Swap, as defined in the Vacancy Reimbursement Policy.
  3. If the customer did not view any viable vacancy posts, either due to complete absence of any position, or all of the viewed posted positions being already filled or unavailable at the time that this information was provided to the customer. Customer must generally supply evidence in the form of correspondence from all of the viewed residency programs supporting the claim that each position was not available at the time that the information was provided to the customer.
  4. If the customer unintentionally views only positions for which the customer is not qualified for, such as osteopathic candidates viewing positions available only to allopathic candidates, or having incompatible prior training or PGY level. Customer must generally supply evidence to Resident Swap supporting the claim of not being qualified, such as documentation listing graduation date being incompatible with the posted position.
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.

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.

Notices

The Resident Swap, Inc. Terms of Use and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by Resident Swap, Inc. subscribers. Resident Swap, Inc. takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

Resident Swap, Inc. reserves the right to deny or terminate services to any one and for any reason.

General Complaints: Please send reports of any activity in violation of this Terms of Use Policy to Resident Swap, Inc. Resident Swap, Inc. will reasonably investigate incidents involving such violations. Resident Swap, Inc. may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

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.


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