Match A Resident ("MAR") welcomes you. MAR provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.matcharesident.com/terms.php. In addition, when using particular MAR owned or operated services, you and MAR shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MAR may also offer other services that are governed by different Terms of Service.
MAR provides users with access to a collection of residency programs, including customizable lists of residency programs and lists of residency programs that claim to have significant number of foreign medical graduates in their residencies, through its network of resources and properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MAR to provide the Service. You also understand and agree that the Service may include certain communications from MAR, such as service announcements, administrative messages and the MAR Newsletter, and that these communications are considered part of MAR membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MAR properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MAR assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for contacting the residency programs to verify their screening and selection criteria before actually applying to their programs. You are responsible for the fees, including the fees associated with applying to their residency programs. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MAR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MAR has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MAR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MAR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the residency programs from which such Content originated. This means that you, and not MAR, are entirely responsible for the validity and accuracy of this information. MAR does not control the information made available to it by residency programs. Under no circumstances will MAR be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that MAR may or may not pre-screen Content, but that MAR and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MAR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MAR or submitted to MAR, including without limitation information in MAR Message Boards, and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MAR and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
MAR does not claim ownership of Content you or the residency programs submit or make available for inclusion on the Service.
You agree to indemnify and hold MAR, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you or residency programs submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your MAR I.D.), use of the Service, or access to the Service.
You acknowledge that MAR may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that customized and IMG friendly lists or other uploaded Content will be retained by the Service. The maximum disk space that will be allotted on MAR's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MAR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MAR reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MAR reserves the right to modify these general practices and limits from time to time.
MAR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MAR may, under certain circumstances and without prior notice, immediately terminate your MAR account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your MAR account includes (a) removal of access to all offerings within the Service, including but not limited to customized and IMG friendly lists.(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MAR's sole discretion and that MAR shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MAR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MAR has no control over such sites and resources, you acknowledge and agree that MAR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MAR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MAR grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MAR for use in accessing the Service.
Your use of this service does not in anyway guarantee securing any interview offer from any residency program in any specialty. Also you understand that this service does not in anyway guarantee a position in any residency training program in any specialty throughout the United States and its terri
You agree that any purchase of any information provided on this site is non- refundable, non-transferable and cannot be cancelled. All purchases made are final.
You agree to not use the Service to:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MAR and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
MAR may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service. MAR may e-mail offers and promotions to their members as they become available. Members who wish not to receive offers and promotions should e-mail MAR using our contact us link and request to be out-putted.
The "MatchAResident", "MAR logo", "your search for residency ends here" MAR trademarks and service marks and other MAR logos and product and service names are trademarks of MAR. (the "MAR Marks"). Without MAR's prior permission, you agree not to display or use in any manner, the MAR Marks.
MAR respects the intellectual property of others, and we ask our users to do the same. MAR may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringement.
Entire Agreement.The TOS constitutes the entire agreement between you and MAR and governs your use of the Service, superseding any prior agreements between you and MAR with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MAR se
Choice of Law and Forum.The TOS and the relationship between you and MAR shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and MAR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Summit, Ohio.
Waiver and Severability of TermsThe failure of MAR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.You agree that your MAR account is non-transferable and any rights to your MAR I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our customer care group.