Terms of use

Updated July 29, 2012

Acceptance

It is important that you read all the following terms and conditions carefully. These terms of use (the “Agreement”) constitute a legal agreement between you and the Canadian Resident Matching Service (“CaRMS”) in respect of your use of this website, CaRMS’ online services and access to portals available through the website (collectively, the “site”). It states the terms and conditions under which you may access and use the site and all written and other materials displayed or made available through the site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “site content”). CaRMS may revise this agreement at any time by updating this posting. Use of the site after such changes are posted will signify your acceptance of these revised terms. Your continued use of the site shall constitute your acceptance of any revisions to the agreement.

Registration

If you are an applicant, the site may allow you to communicate with CaRMS and Canadian medical schools and/or their affiliates that provide undergraduate or postgraduate medical training (the “programs”) by email or by some other electronic means. If you are a program, the site may allow you to communicate with CaRMS and its applicants by email or by some other electronic means.

Communications sent by you to CaRMS or the programs, or to you by CaRMS or the programs via email or this site may not be secure and may be accessible by third parties. Any collection, use, or disclosure of personal information provided by you shall be in accordance with our privacy policy.

CaRMS may issue to you a token to create an account, username (a “username”) and password (a “password”) to permit you to access CaRMS’ online services, or any other portal access portion of the site (each an “account”). You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your username and password. You agree to notify CaRMS immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. CaRMS will not be liable for any loss or damage arising from CaRMS’ failure or your failure to protect your password or account information.

When you register an account with the site, you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If CaRMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CaRMS has the right to suspend or terminate your access to all or part of the Site.

Copyright

The site content is protected by copyright law and is owned by CaRMS and its licensors, or the party accredited as the provider of the site content. Except as granted in the limited license herein, any use of the site content, including modification, transmission, presentation, distribution, republication, or other exploitation of the site or of the site content, whether in whole or in part, is prohibited without the express prior written consent of CaRMS.

Limited license

Subject to the terms and conditions of this agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the site and the site content for your personal, noncommercial use. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the site content online. You must also abide by any additional requirements governing the use of any specific site content that may be set out in the site. In the event of a conflict between the terms of a license governing specific content and this agreement, the terms of the specific license shall govern.

Trademarks

Certain words, phrases, names, designs or logos used on the site may be protected as trademarks, service marks or trade names of CaRMS or other entities. Nothing contained on this site should be construed as granting any license or right to use any trademark, logo, or design displayed on this site without the express written permission of CaRMS or the respective owner.

Linking

The site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by CaRMS of any third-party website or the content thereof. Unless expressly stated, CaRMS does not operate any third-party website linked to the site and is not responsible for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While CaRMS encourages links to the site, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of CaRMS, or (ii) any website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. CaRMS reserves the right to prohibit or refuse to accept any link to the site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of CaRMS.

Security

Any information sent or received over the Internet is generally not secure. CaRMS cannot guarantee the security or confidentiality of any communication to or from the site.

Modification to site

CaRMS reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice to you. CaRMS shall have no liability to you or any third party for any modifications, suspension or discontinuance of the site or any part thereof.

EXCLUSION OF WARRANTIES

WHILE CaRMS MAKES EVERY EFFORT TO MAINTAIN ACCURATE AND UP TO DATE INFORMATION ON THE SITE, NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE CONTENT OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE TRUTH AND ACCURACY OF ANY INFORMATION YOU OBTAIN FROM THE SITE THAT IS SUBMITTED BY OTHER USERS OF THE SITE. THIS SITE, AND THE SITE CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED, EXCEPT AS OTHERWISE SET OUT IN WRITING, “AS IS” AND “AS AVAILABLE”. ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED. THE SITE CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED WITHOUT NOTICE. NO REPRESENTATION OR WARRANTY IS GIVEN THAT ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE SITE CONTENT OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE AT ANY TIME.

LIMITATION OF LIABILITY

ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL CaRMS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CaRMS HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.

CaRMS ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USER, INCLUDING PROGRAMS, OF THE SITE, OR ANY ADVERTISER OR SPONSOR OF THE SITE (“THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL CaRMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, AND (II) ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE SITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CaRMS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify CaRMS and each of its respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these terms and conditions of use; (b) the use of your account; (c) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (d) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (e) your violation of any law or regulation.

General

These terms and conditions of use shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the City of Ottawa. The parties hereto are independent contractors. These terms and conditions of use are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any written agreement with CaRMS that expressly references this agreement, this is the entire agreement between you and CaRMS relating to the matters contained herein and shall not be modified except in writing by CaRMS. CaRMS may, at any time, in its discretion, assign this agreement to a third party. Any consent by CaRMS to, or waiver of, a breach of this agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. The invalidity or unenforceability of any provision of this agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this agreement.

Language

It is agreed the English version of these terms of use constitute the official version. In the event that there are any inconsistencies between the English and French versions of the site, the English version of the site will prevail.

Notice

Questions or comments regarding the site should be directed by email to corporateservices@carms.ca.

Termination

CaRMS may terminate your right to use the site, or any part of the site should you breach the terms and conditions. If your breach is capable of being cured, CaRMS may give you up to thirty (30) days to cure the breach before terminating use.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.