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Welcome to our Web
site. By using our site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not
use this site. The term "electronicresidency," "us" or "our" refers
to Electronic Residency, LLC., the legal name of the owner of the
Web site. The term "you" refers to the user or viewer of our Web
Site.
1. Acceptance of
Agreement.
You agree to the
terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at
any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
2. Copyright.
The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks.
"electronicresidency.com" and others are our service marks or
registered service marks or trademarks. Other product and company
names mentioned on the Site may be trademarks of their respective
owners.
4. Limited License;
Permitted Uses.
You are granted a
non-exclusive, non-transferable, revocable account to access and use
the Site strictly in accordance with this Agreement; (b) to use the
Site solely for internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all
copyright and other policies contained therein. No print out or
electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under
any circumstances.
5. Restrictions and
Prohibitions on Use.
Your license for
access and use of the Site and any information, materials or
documents (collectively defined as "Content and Materials") therein
are subject to the following restrictions and prohibitions on use:
You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content
and Materials retrieved from it; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice
or terms of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
6. Forms, Agreements &
Documents.
We may make
available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents
(collectively, "Documents"). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents
might be provided for a charge and without any representations or
warranties, express or implied, as to their suitability, legal
effect, completeness, correctness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL
FAULTS," AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents
may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure
the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some Documents are
public domain forms or available from public records.
7. Nature of our service
and guarantees.
Information
contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the
accurateness, completeness of the released residency lists.
Residency programs might change their contact information such as
fax numbers, phone numbers and emails without any prior notice to
us. We hold no responsibility if any of the information is
changed at any time including scramble day. We can not guarantee line availability of the fax
machines at the residency program side (ex. faxes and emails might
be disabled or unplugged) and we have no control over it. It's our
duty to make sure that the faxes and emails has been launched from
our side but we hold no responsibility if the transmission was
interrupted for any reason on its way. We do, however, provide you
with 99.5% fax line availability to get your fax sent from our side.
We offer no guaranteed positions into residency programs but we
increase your chances by sending your application promptly to the
designated residency programs of the activated portfolios. NRMP
scramble is for registered members only, but non-registered
applicants are free to submit their applications at their own risk.
It is up to the residency program director to consider non NRMP
registered applicants for an interview and for a position.
Electronic Residency service fees considered full service regardless
of the number of residency programs in each of the available
residency programs contacted on your behalf by fax and email on
scramble day. For example, the fee charged for one residency
specialty that has 4 programs is the same as if it has 60, we have
no limit.
8. Linking to the
Site.
You may provide
links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal
activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
9. Advertisers.
The Site may
contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on
the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem
in the advertiser's or sponsor's materials.
10.
Registration/Purchase.
Certain sections
of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate,
complete registration and/or purchase information. Your registration
must be done using accurate information. Each registration is for
your personal use only. We do not permit (a) any other person using
the registered sections under your name; or (b) access through a
single name being made available to multiple users on a network. You
are responsible for preventing such unauthorized use. Its your
responsibility to have as complete application as possible, we will
keep encouraging you to have the portfolio completed by loading all
of your documents and filling of the Universal Application Form (UAF).
Please understand that your application(s) will be faxed and emailed
regardless of its completeness for those who have paid and activated
their application. "Active" application DOES NOT mean completed
application. "Active" stands for paid and ready for
submission with a functional Candidate Access key. Its your responsibility to have the application
completed by the scramble day.
11. Errors,
Corrections and Changes.
We may make changes
to the features, functionality or content of the Site at any time.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
12. Third Party
Content.
Third party content
may appear on the Site or may be accessible via links from the Site.
We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You
understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
Material contained
in the content may not be duplicated or redistributed without the
prior written consent of us and the copyright holder, except that
one print copy of search output is permitted for use within the
user’s organization and that search output may be stored temporarily
in electronic media for editing or reformatting and subsequent
printing of one print copy of search output for internal use.
Advertising and
sponsored links found on content pages from third party providers
are not provided by those content providers and are not
endorsements.
13. Unlawful Activity.
We reserve the
right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but
not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
14. Indemnification.
You agree to
indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, advertisers, product
and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use
the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable
or assignable.
16. Disclaimer.
THE INFORMATION,
CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY
OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of
Liability.
(a) We and any
Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (1) any
errors in or omissions from the Site or any services or products
obtainable therefrom, (2) the unavailability or interruption of the
Site or any features thereof, (3) your use of the Site, (4) the
content contained on the Site, or (5) any delay or failure in
performance beyond the control of a Covered Party.
18. Use of
Information.
You understand that
we are to use your personal documents to submit to residency
programs and that you have agreed to authorize us to fax and email
all your information to residency programs on the scramble and post
scramble as well. You agree that you hold responsibility not to give
away or have in public your Candidate Access Key and it is your sole
responsibility to protect it at all times. You also understand that
its your responsibility making sure that each one of your accounts
is ACTIVE in order to make your Access Key operational to the
outside world. Residency programs will not be able to view your
portfolio if you have set your portfolio inactive (deactivated). You
understand that when you made a specialty purchase that it is set
automatically to ACTIVE mode and its your responsibility to
deactivate (without wanting to put your portfolio in complete
privacy.
19. Third-Party
Services.
We may allow access
to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of or purchase from such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party
Merchant Policies.
All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of
the other.
21. Privacy Policy.
Our Privacy Policy,
as it may change from time to time, is a part of this Agreement.
22. Disclosure Policy.
Our Disclosure Policy,
as it may change from time to time, is a part of this Agreement.
23. Payments.
You represent and
warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by
you at the posted prices, including any applicable taxes.
24. Securities Laws.
The Site may
include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends," "will" and
similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
25. Links to other Web
Sites.
The Site contains
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
26. Copyrights and
Copyright Agents.
We respect the
intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the
following information:
a. An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
b. A description of
the copyrighted work that you claim has been infringed;
c. A description of
where the material that you claim is infringing is located on the
Site;
d. Your address,
telephone number, and email address;
e. A statement by
you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
f. A statement by
you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright
Agent for Notice of claims of copyright infringement on the Site can
be reached by directing using the contact us page.
27. Legal Compliance.
You agree to comply
with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
28. Refund and Return
Policy.
Electronic Residency
have made a strong and honest effort to provide you with best and
most affordable service to assist you in the lengthy residency
match, scramble and post-scramble process. Since what we offer is
solely a residency application service and not a product we are not
to issue any refunds after the purchase is made. Please note that
certain products and services mentioned on our site are sold by
third parties or are linked to third party Web sites, and we have no
responsibility or liability for those products or services. You may
obtain any additional information concerning our refund and return
policy by contacting us using the "contact us" system on the top
menu.
IMPORTANT:
Electronic Residency ©
(electronicresidency.com) is not affiliated with any
institution and not part of ERAS©
or NRMP©.-
You understand that we are not ERAS and we do not replace
ERAS©. Electronic Residency Application Service (ERAS©) is the
official institution in which you need to apply to participate in
the Match. We at ElectronicResidency.com help you by easing your
ERAS©
application process.
Effective Date: February 10th, 2006
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