Match Participation Agreement for Medical
Schools
For the 2013 Main Residency Match
Terms and Conditions of the Match Participation
Agreement Between
Medical Schools and the NRMP
These are the terms and conditions of the Match Participation Agreement that each U.S. and Canadian allopathic medical school or school of osteopathy ("medical school" or "school") desiring to facilitate its students' and graduates' participation in the Main Residency Match of the National Resident Matching Program ("NRMP") enters into by indicating acceptance of these terms and conditions through clicking on the I Accept button on the Registration screen of this Web site (the "Match Site"). Upon the NRMP's acceptance of such party's registration, these terms and conditions will be a binding agreement between such school and the NRMP.
If the NRMP accepts the registration of the medical school in question,
the NRMP will register the school and allow such school's authorized personnel
to enter data and access certain information related to the Main
Residency Match as described briefly in Section
1.0 below. In consideration of this registration, each medical school
agrees to comply with all of the terms and conditions of this Match Participation
Agreement also referred to in these terms and conditions as ("this
Agreement").
Table of Contents
1.0 Introduction to the Main Residency Match
2.0 School Official
2.1 Designation
2.2 Responsibilities
3.0 School Administrator
3.1 Designation
3.2 Responsibilities
4.0 Use of Match Site
4.1 Access to Match
Information
4.2 Use of Passwords
6.0 Communications
6.1 Between the School
and the NRMP
6.2 Changes After
Registration
6.3 Schedules and Deadlines
6.4 Completeness, Timeliness,
and Accuracy of Information
6.5 Confidentiality
7.0 Match Week Supplemental Offer and Acceptance
Program
7.1 Participation:
Applicants
7.2 Participation:
Programs
7.3 Match Week Communications
7.3.1
Applicants and Programs
7.3.2
Medical Schools
8.0 Match Violations
8.1 NRMP Violations
Policies and Procedures
8.2 Consequences of Confirmed
Violations
8.2.1
Medical Schools
8.2.2
Applicants
8.2.3
Programs
10.0 Representations and Warranties
1.0 Introduction to the Main Residency Match
The Main Residency MatchSM is a system for the confidential ranking and selection of applicants to graduate medical education program residency positions. Positions may be offered through the Main Residency Match to senior students and physician graduates of allopathic and osteopathic medical schools in the United States and elsewhere who meet the eligibility requirements set forth by the NRMP. Only applicants and programs that have registered with the NRMP and agreed to abide by the terms and conditions of the Match Participation Agreement Among Applicants, the NRMP, and Participating Programs may participate in the Main Residency Match.
The parties acknowledge that (a) the NRMP does not provide application services to applicants or programs; (b) applicants must apply directly to the programs with which they desire to match in addition to registering with the NRMP Main Residency Match and listing such programs on their certified rank order lists; and (c) the NRMP is not involved in establishing the terms of any residency or fellowship agreement and has no responsibility for providing applicants with any information concerning such agreements.
The purpose of the Main Residency Match is to provide a uniform time for both applicants and programs to make their selections without pressure. Under the Main Residency Match, applicants are either "matched" to programs using the certified rank order lists of the appliants and programs, or they obtain positions during the Supplemental Offer and Acceptances ProgramSM (SOAPSM) that occurs during Match Week. Match Week is the period of time when applicants and programs learn the results of the Main Residency Match, beginning at 12:00 p.m. eastern time on Monday and ending at 5:00 p.m. eastern time on Friday. A match between an applicant and a program or a position offered and accepted during SOAP constitutes a binding commitment between the two parties in accordance with the terms of the Match Participation Agreement Among Applicants, the NRMP, and Participating Programs that each enters into at the time of registration. Any breach of that commitment may result in penalties to the breaching applicant or program, as described in Section 8.0.
The NRMP seeks to maintain the highest professional standards in the conduct of the Main Residency Match and in its interactions with all participants: applicants, program directors, institutional officials, and student affairs deans. All participants in the Main Residency Match shall conduct their affairs in an ethical and professionally responsible manner and shall respect the right of applicants to freely investigate program options prior to submission of a final rank order list.
Each medical school must designate an NRMP school official to be responsible for overseeing the Match process and to be the school's official spokesperson to the NRMP on all matters regarding applicants from such school. It is recommended that the school official be the dean for student affairs or the dean for academic affairs.
In addition to the general responsibilities in Section 2.1, the school official will:
2.2.1. Provide information required for the registration of the medical school and ensure the accuracy of such information.
2.2.2. Ensure that all of the school's senior students who desire to participate in, and are eligible for, the Main Residency Match register and complete the Register for NRMP Matches screen of the Match Site and execute the Match Participation Agreement prior to the applicant registration deadline.
2.2.3. Notify the NRMP of the school's senior students who will not be registering for the Main Residency Match through the Verify Participation Status screen of the Match Site.
2.2.4. Promptly notify the NRMP of any change in the status of, or any information concerning, any student or graduate that could affect his or her eligibility to participate in the Main Residency Match.
2.2.5. Prior to the rank order list certification deadline, determine the eligibility to enter graduate medical education of all senior students registered for the Main Residency Match and sponsored by the school through the Verify Graduation Credentials screen in the Match Site and verify the graduation of all applicants claiming to be previous graduates of the school who have registered for the Main Residency Match.
2.2.6. Immediately revoke the school's sponsorship of any applicant who is determined by the school official to be ineligible to enter graduate medical education on July 1 in the year of The Match and notify the NRMP of that action prior to the rank order list certification deadline through the Match Site Withdraw Student screen for schools. If a medical school revokes its sponsorship of a sponsored applicant because the applicant is ineligible to enter graduate medical education on July 1 in the year of The Match, (a) the applicant's rank order list shall not be used when the matching algorithm is processed, and (b) the applicant will not be eligible to participate in the Match Week Supplemental Offer and Acceptance Program unless by 5:00 p.m. eastern time on the Wednesday prior to Match Week, the applicant becomes eligible to enter graduate medical education on July 1 in the year of The Match. A sponsored applicant who is not eligible to enter graduate medical education on July 1 in the year of The Match (a) may submit applications to non-Match-participating programs no earlier than 2:00 p.m. eastern time on Monday of Match Week; (b) may accept a position in a non-NRMP Match-participating program no earlier than 12:00 noon eastern time on Wednesday of Match Week; and/or (c) may seek a position in an NRMP Match-participating program no earlier than 5:00 p.m. eastern time on Friday of Match Week.
A sponsored applicant who has been withdrawn may from the Main Residency Match may accept a position outside the Main Residency Match only if that training will begin between July 1 and February 1 in the year immediately following The Match; however, if the student elects to participate in The Match the following year, he/she will be a sponsored applicant.
2.2.7. When any other circumstances with respect to a particular applicant make it appropriate or necessary for such applicant to withdraw from the Main Residency Match, communicate such withdrawal to the NRMP prior to the rank order list certification deadline through the Match Site Withdraw Student screen for schools. Withdrawal from the Main Residency Match is appropriate only for valid academic reasons, including withdrawal from medical school, a leave of absence from medical school, delayed graduation, or death. Withdrawing a senior student to accept a position, including a preliminary position for a program that participates in another national matching plan, outside of the Main Residency Match is a violation of this Agreement unless the position is with a program that is a part of the AOA, CaRMS, military matches, or any other national matching program. Any such violation of this Agreement may result in penalties to the school, as described in Section 8.0.
2.2.8. Respond promptly and accurately to all inquiries by the NRMP concerning students and graduates of the school who have registered or requested registration in the Main Residency Match.
2.2.9. Appoint a school administrator, if so desired, to assist in oversight of the participation of the school's students in the Main Residency Match and in communicating with the NRMP.
2.2.10. Develop and implement procedures to protect the confidentiality of all school passwords and promptly notify NRMP (a) if there is reason to believe that any school password has been discovered by a third party and (b) of any unauthorized use of a school password or any other breach of security.
The NRMP school official has the option of designating a school administrator to assist with the oversight of the Match process at the school. The school administrator usually is a staff person in the graduate medical student affairs or academic affairs office.
The NRMP school administrator may enter or change selected school and applicant reference data. In addition, the school administrator may access all of the school and applicant data available to the school through the Match Site.
4.1 Access to Match Information
The school will be given read-only access through the Match Site to certain information with respect to applicants who are students or graduates of such school. Such information may include the identities of the students and graduates of the school who have registered for the Main Residency Match and the identities of the programs where they have matched, but will not include the rank order lists of any applicant or program.
The school is responsible for maintaining the confidentiality of all school passwords and is fully responsible for any actions taken on the Match Site by anyone using any school user ID and password. If the school has reason to believe that any school password has been discovered by a third party, the school must notify the NRMP immediately. Further, the school must notify the NRMP immediately of any unauthorized use of any school password or any other breach of security.
In order for an applicant to participate in the Main Residency Match, prior to the scheduled start date for the position(s) for which the applicant is applying, the applicant must meet all of the requirements for entry into graduate medical education as prescribed by the Accreditation Council for Graduate Medical Education ("ACGME") in Section II of the ACGME Institutional Requirements, Residents, which are incorporated into this Agreement by reference. It is the responsibility of each medical school to communicate the eligibility of its senior students to participate in the Main Residency Match directly to the NRMP. Failure to withdraw a student who will be ineligible to enter graduate medical education on July 1 in the year of The Match is a breach of this Agreement and may result in penalties to the school, as described in Section 8.0.
It is the policy of the NRMP to withdraw from the Main Residency Match all applicants whose eligibility is not confirmed prior to the applicable rank order list certification deadline.
6.1 Between the School and the NRMP
Complete, timely, and accurate exchanges of information are essential to the residency application and matching process. To facilitate such communication, the NRMP school official is responsible for all communication with the NRMP on behalf of the school. All changes made by a school concerning the eligibility or participation of applicants who are students or graduates of such school must be communicated directly to the NRMP by the school official or the NRMP school administrator through the appropriate screen of the Match Site (as identified below).
After registration of the school, the NRMP school official and the school administrator are responsible for updating the school information and the information concerning students and graduates.
6.2 Changes after Registration
All changes must be submitted to the NRMP through the appropriate screen of the Match Site, including:
My School Information
My School Administrator Information
My Students and Graduates
Verify Graduation Credentials
Verify Participation Status
Withdraw Student
An annual Schedule of Dates is published by the NRMP for each Match and is incorporated in this Agreement by reference. Time is of the essence in this Agreement and adherence to those dates is essential. All required information must be received by the NRMP by the published deadlines.
The teaching hospitals and their programs set their own application deadlines. Applicants must comply with individual program schedules.
Communication between unmatched applicants and programs with unfilled postitions shall be governed by Section 7.0 of this Agreement. Matched applicants and programs may not contact each other prior to the general announcement of Main Residency Match results at 1:00 p.m. eastern time on Friday of Match Week. In addition, it is a violation of this Agreement if any medical school official shares the List of Unfilled Programs with any individual who is not registered for the Main Residency Match, allows an individual who is not registered for The Match to use the registrant's unique code number and password to access the Registration, Ranking, and ResultsSM (R3SM) to obtain information about unfilled positions, or assists any applicant who has matched to or accepted a position to obtain a concurrent year residency position unless that applicant has been granted a waiver by the NRMP.
6.4 Completeness, Timeliness, and Accuracy of Information
The school is required to provide complete, timely, and accurate information about the school and its students and graduates. If the NRMP believes it has received credible evidence that a school has violated the terms of this Agreement, the NRMP is authorized to take appropriate action, as described in Section 8.0 including, but not limited to, reporting the violation to the dean of such school and suspending or terminating such school's access to the Match Site.
The Unmatched Seniors Report that is released at 11:30 a.m. eastern time on Monday of Match Week is confidential and cannot be shared until 12:00 noon eastern time on Monday of Match Week. Moreover, any information accessed by the school through the Match Site with respect to the outcome of a Match is confidential, and the school shall use at least the same degree of care in safeguarding the confidentiality of such information as it uses in safeguarding its own confidential information, subject to a minimum standard of reasonable diligence and protection.
In addition, information contained in the NRMP's Registration, Ranking, and Results (R3) system is confidential and available only to registered applicants and program directors and other authorized users. Unauthorized use or disclosure of such information to persons not entitled to access it shall be considered a violation of this Agreement.
7.0 Match Week Supplemental Offer and Acceptance Program
This Agreement governs positions offered by unfilled programs and accepted by unmatched applicants during Match Week. Through 5:00 p.m. eastern time on Friday of Match Week, all positions offered by unfilled programs and accepted by eligible applicants shall be through the Match Week Supplemental Offer and Acceptance Program (SOAP) that concludes the Main Residency Match.
To be eligible to participate in SOAP, applicants must be (a) registered for the Main Residency Match; (b) eligible to enter graduate medical education on July 1 in the year of The Match; and (c) partially matched or fully unmatched. Applicants who meet the criteria listed above are eligible for SOAP and are bound to the policies described herein. Applicants who fail to meet any of the criteria listed above are deemed ineligible to participate in SOAP and are bound by the policies described herein
Eligibility for sponsored applicants to enter graduate medical education on July 1 in the year of The Match shall be determined by the applicant's medical school official. Eligibility for independent applicants to enter graduate medical education on July 1 in the year of The Match shall be determined by the applicant's medical school official in the case of prior year graduates of allopathic medical schools, students and graduates of osteopathic medical schools, and students and graduates of Canadian medical schools. Eligibility for students and graduates of international medical schools to enter graduate medical education on July 1 in the year of The Match shall be determined by the ECFMG. Any applicant determined to be ineligible to enter graduate medical education on July 1 in the year of The Match shall not have access to the List of Unfilled Programs.
During SOAP, fully matched eligible applicants shall not have access to the List of Unfilled Programs. Eligible partially matched and unmatched applicants shall have access only to the categorical, preliminary, or advanced unfilled positions for which they are eligible, without restriction by specialty. Eligible unmatched and partially matched applicants shall apply only to unfilled Match-participating programs and only through the Electronic Residency Application Service ("ERAS"), which will allow applicants to apply only for the positions for which they are eligible. If an eligible applicant sends applications to programs for which he/she is ineligible or uses any method other than ERAS to contact or apply to Match-participating programs, the applicant shall be in violation of the applicable Match Participation Agreement. Applicants determined by the NRMP to be ineligible to participate in SOAP are prohibited from contacting or applying to Match-participating programs during Match Week. SOAP-ineligible applicants will be able to use ERAS or any other method to apply only to non-Match-participating programs beginning at 2:00 eastern time on Monday of Match Week.
Any program with unfilled positions shall be eligible to participate in SOAP, provided that prior to Match Week the program has elected to participate by so indicating in the Match Site. During Match Week, programs electing to participate and that have unfilled positions shall accept applications only through ERAS. During Match Week and until 5:00 p.m. eastern time on Friday of Match Week, Match-participating programs shall offer unfilled positions only through SOAP. Neither filled nor unfilled programs shall create positions until 5:00 p.m. eastern time on Friday of Match Week
Nothing in this Agreement shall be construed to prohibit an unmatched applicant from seeking guidance from officials at the applicant's medical school or institution.Unmatched applicants shall not apply for unfilled positions before 2:00 p.m. eastern time on Monday of Match Week. Eligible unmatched applicants shall initiate contact with the directors of unfilled programs only through ERAS and shall refrain from any other contact until directors of unfilled programs initiate contact with them. Directors of unfilled programs may communicate with each other but shall not initiate contact with unmatched applicants prior to 2:00 p.m. eastern time on Monday of Match Week and prior to receiving an application through ERAS. Unmatched applicants and the directors of unfilled programs may not accept or offer positions prior to 12:00 noon eastern time on Wednesday of Match Week. Positions shall be offered and accepted only during SOAP.
7.3.2 Medical SchoolsEach school agrees to abide by the Match Week schedule and the terms and conditions set forth in Section 7.0 of this Agreement.
It shall be deemed a violation of this Agreement for the school official, school administrator, or any other individual or entity to engage in any communication (a) concerning SOAP-eligible or SOAP-ineligible unmatched senior students or graduates prior to contact from directors of unfilled programs or (b) with respect to an alternative position for any applicant who has matched to or obtained through SOAP a concurrent year position and who has not received a waiver of the Match or SOAP commitment from the NRMP. It also shall be deemed a violation of this Agreement if any school official or other individual shares the List of Unfilled Programs with any applicant who is ineligible to receive such information. Violations of this Agreement may result in adverse consequences to the school, as described in Section 8.0.
8.1 NRMP Violations Policies and Procedures
All Main Residency Match participants shall behave in an ethical and responsible manner during the matching process and SOAP and shall comply with the terms and conditions of the applicable Match Participation Agreement. It is the policy of the NRMP to investigate alleged breaches of the Agreements, including but not limited to: failure to provide complete, timely, and accurate information during interview, matching and SOAP processes; discrepancies in graduation credentials; attempts to subvert eligibility requirements, the matching process, or SOAP; failure to offer or accept an appointment as required by the results of a Match outcome; and any other irregular behavior or activity that occurs in connection with registration, the submission or modification of a rank order list or SOAP preference list, and/or the participant's commitment to honor The Match outcome. Matching Program participants shall report to the NRMP any suspected violation of the applicable Match Participation Agreement.
The NRMP Policies and Procedures for Reporting, Investigation, and Disposition of Violations of NRMP Agreements ("Violations Policy") shall govern the NRMP's handling of match violations and are incorporated by reference in and are an integral part of the Match Participation Agreements.
At any time the NRMP may withdraw any applicant or program from the Main Residency Match if the NRMP believes it has received credible evidence that the applicant or program has violated the terms of the applicable Agreement. Applicants or programs withdrawn under sections 2.4.2(h), 3.3, or 8.0 of the Match Participation Agreement Among Applicants, the NRMP, and Participating Programs shall be afforded an opportunity to be heard in accordance with the Violations Policy.
Upon withdrawing an applicant or program from the Main Residency Match, or upon confirmation by a Review Panel that the applicant or program has violated the terms of the Agreement, the NRMP shall note in the Registration, Ranking, and Results (R3) system that the applicant or program is the subject of "pending action". The designation shall remain in place until the applicant or program has waived or exhausted the opportunity to contest the adverse action pursuant to the Violations Policy. The NRMP's authority to withdraw an applicant or program from the Main Residency Match under this section is in addition to its authority to impose sanctions for violations of the applicable Match Participation Agreement. Therefore, any decision by the NRMP to withdraw an applicant or program under this section shall not be subject to any suspension in the event the applicant or program chooses to contest the withdrawal or other action by the NRMP under the dispute resolution process set forth in Section 14.0.
8.2 Consequences of Confirmed Violations
The consequences of a confirmed violation of this Agreement or of the Match Participation Agreement Among Applicants, the NRMP, and Participating Programs are set forth in the Violations Policy. They include the following:
If the NRMP's investigation of an alleged violation results in a finding that a medical school has committed a violation of this Agreement, the Final Report will be delivered to:
(1) the dean of the school
(2) the dean of student affairs of the school
(3) the NRMP school official
(4) the party who originally reported the violation
(5) the NRMP Executive Committee
(6) any parties whom the NRMP has determined are relevant to its investigation
The NRMP also may send the final report to the Liaison Committee on Medical Education (LCME). In addition, the schoool's access to the Match Site may be suspended or terminated.
The NRMP has sole discretion to determine which of the sanctions described above shall be applied in the event an applicant violates this Agreement.
Medical schools and their sponsored graduate medical education programs, regardless of the programs' Match participation status, are prohibited from offering a position to an applicant who is ineligible to accept or start a position because of a concurrent year Match commitment, because his/her waiver request has been denied by the NRMP, or because of a confirmed violation of the applicable Match Participation Agreement. Such prohibition applies to all positions which have a start date within one year from the date of the NRMP's decision. If any medical school or program sponsored by the medical school offers a position to such applicant, or if an applicant accepts or starts such a position, the NRMP will initiate an investigation to determine whether the applicant, the medical school, or the program has violated the terms of the applicable Agreement.
If the NRMP's investigation of an alleged violation results in a finding that an applicant has committed a violation of the applicable Match Participation Agreement, the processing of the applicant's rank order list may be interrupted. The NRMP at its discretion may withdraw the applicant from the Main Residency Match.
If an applicant is the subject of a violation investigation, the program to which the applicant matched or accepted a position may not fill the position until the Final Report has been issued and/or a waiver has been granted by the NRMP.
The NRMP's Final Report on the confirmed violation will be delivered to the applicant with copies to:
(1) the applicant's medical school official, with a request that the Final Report be placed in the applicant's permanent file
(2) the Educational Commission for Foreign Medical Graduates if the applicant is a student/graduate of an international medical school
(3) the director of the program and the NRMP institutional official to which the applicant matched
(4) the director of the program and the NRMP institutional official of the program to which the applicant has applied to or switched (if known)
(5) the party who originally reported the violation
(6) the NRMP Executive Committee
(7) the American Board of Medical Specialties
(8) the applicant's residency program director if the violation occurred in a fellowship Match
(9) the Federation of State Medical Boards if the applicant is to be permanently identified as a Match violator or permanently barred from future NRMP Matches
(10) any parties whom the NRMP has determined are relevant to its investigation
In addition, the applicant may be barred from subsequent NRMP Matches and/or identified as a Match violator to participating programs for one to three years or permanently, as determined by the NRMP. The applicant also may be barred from accepting or starting a position in any program at a Match-participating institution that would commence training within one year from the date of issuance of the Final Report. Further, any applicant who does not accept his/her position and has been denied a waiver of his/her binding commitment may be barred from accepting or starting a position in any program at a Match-participating institution that would commence training within one year from the date of the NRMP's final decision on the waiver.
The decision conveyed in the Final Report will be reflected in the Match Site Applicant Match History for one to three years or permanently, as determined by the NRMP. Term limits of any sanction(s) imposed for the violation will be included to identify the length of time the action is in effect.
The NRMP has sole discretion to determine which of the sanctions described above shall be applied in the event an applicant violates this Agreement
If the NRMP's investigation of an alleged violation results in a finding that a program has committed a violation of the applicable Match Participation Agreement, the processing of the program's rank order list may be interrupted. The NRMP at its discretion may withdraw the program from the Main Residency Match.
The NRMP's Final Report on the confirmed violation will be delivered to the program director with copies to:
(1) the NRMP institutional official for transmittal to the institution's graduate medical education committee
(2) the chair of the institution's graduate medical education committee
(3) the ACGME for distribution to the respective Residency Review Committee (RRC) and the Institutional Review Committee
(4) the respective specialty program director association
(5) the party who originally reported the violation
(6) the NRMP Executive Committee
(7) any parties whom the NRMP has determined are relevant to its investigation.
In addition, the program may be barred from future NRMP Matches and/or identified as a Match violator for one to three years or permanently, as determined by the NRMP. The decision conveyed in the Final Report will be reflected in the Institution and Program Violations report in the Match Site for one to three years or permanently, as determined by the NRMP. Term limits of any sanction(s) imposed for the violation will be included to identify the length of time the action is in effect.
If an applicant requests a waiver from the NRMP and/or informs the program of a desire for a waiver, the program shall not discuss the position with any other candidate or the applicant's eligibility with any other program or offer the position to any other candidate until either (a) the applicant has informed the NRMP in writing that he/she will not accept the position if his/her waiver request is denied by the NRMP and the program has been notified by the NRMP that it has been granted a waiver, or (b) the waiver is granted by the NRMP. If the NRMP receives information that the program has discussed, interviewed for, or offered the position to another candidate before it has been notified by the NRMP that either of the foregoing conditions has occurred, the NRMP will initiate an investigation to determine whether the program has violated the terms of the applicable Agreement.
All programs at a sponsoring institution, regardless of the program's Match participation status, are prohibited from offering a position to an applicant who is ineligible to accept or start a position because his/her waiver request has been denied by the NRMP or because of a confirmed violation of the applicable Match Participation Agreement. Such prohibition applies to all positions which have a start date within one year from the date of the NRMP's decision. If any program at a Match-participating institution offers a position to such applicant, or if an applicant accepts or starts such a position, the NRMP will initiate an investigation to determine whether the applicant or the program has violated the terms of the applicable Agreement.
The NRMP has sole discretion to determine which of the sanctions described above shall be applied in the event a program violates this Agreement
Each school authorizes the NRMP to use any information provided to the NRMP by such school in any study approved by the NRMP, provided that no information clearly and uniquely identifiable with such school is disclosed in reports resulting from such study. The match results of U.S. and Canadian medical school students and graduates are released to their respective schools of allopathic medicine or osteopathy. In addition, individual applicant match results are released to each program that ranked the applicant on its rank order list and, in the case of any program participating in a specialties match, to its specialty program director association's liaison to the NRMP, and to those program directors who request such information to verify whether the applicant was matched.
Each school also acknowledges that the NRMP is authorized to transmit and receive identifying information, including information in the R3 system, to and from authorized users, including the Association of American Medical Colleges, the American Medical Association, the American Osteopathic Association, the Educational Commission for Foreign Medical Graduates, the Canadian Resident Matching Service, and other authorized users engaged in postgraduate medical education for purposes of verifying data submitted by the applicant or program, establishing postgraduate training databases, conducting a Matching Program, or effecting a Match.
10.0 Representations and Warranties
Each school represents and warrants to the NRMP that all of the information provided, or that will be provided, by such school to the NRMP is complete, timely, and accurate to the best of such school's knowledge at the time such information was or will be provided. Moreover, each institutional official represents that he/she has read, understood, and agrees to the NRMP's Privacy Statement, available at http://www.nrmp.org/privacy.html, and represents that sponsoring institution personnel using and accessing NRMP information have read, understood, and will abide by the NRMP's Privacy Statement.
The parties acknowledge that the NRMP does not charge any fees for the services provided to medical schools with respect to the Main Residency Match and receives no consideration for any assumption by the NRMP of the risk of any damages that may arise in connection with the participation of any school in the Main Residency Match or utilization of the Match Site.
Each party agrees that neither:
(a) the NRMP,
(b) the current managing agent for the NRMP, the Association of American Medical Colleges, or any successor managing agent (the "Managing Agent"),
(c) any vendor providing equipment, software, or services to the NRMP or the Managing Agent ("Vendor"), nor
(d) any director, officer, employee, affiliate, or agent of the NRMP, the Managing Agent, or any Vendor,
will be liable for any loss, damage, cost, or expense whatsoever, direct or indirect, regardless of the cause, that may arise out of, or be in any way related to, the use of this Agreement, the Main Residency Match, the Match Site, or the automated systems and services utilized by the NRMP or the Managing Agent to implement the Main Residency Match or to send notices, including, but not limited to: (a) the suspension or termination of, or the inability to use, all or any part of the Match Site; (b) the erroneous transmission of any data or the transmission of any erroneous data; (c) any failure or delay suffered or allegedly suffered by any party in receiving or sending any information, however caused; (d) the delivery or transmission of any virus, worm, or other disruptive device; or (e) any other cause in connection with the furnishing of services or notices by the NRMP or the Managing Agent or the performance, maintenance, or use of, or inability to use, all or any part of the Match Site. The foregoing will apply regardless of whether a claim arises in contract, tort, negligence, strict liability, or otherwise.
The automated systems and services utilized by the NRMP or the Managing Agent to implement the Main Residency Match and the Match Site are provided "AS IS" and "AS AVAILABLE." NONE OF THE NRMP, THE MANAGING AGENT, ANY VENDOR, OR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, OR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SERVICES, THE MATCH SITE, OR THE MAIN RESIDENCY MATCH, OR TO THE ACCURACY, COMPLETENESS, SECURITY, TIMELINESS, OR RELIABILITY OF THE INFORMATION TO WHICH ANY PARTY HAS ACCESS OR TRANSMITS OR RECEIVES THROUGH THEM OR THROUGH ANY OTHER AUTOMATED SYSTEM. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. No oral or written information or advice given by the NRMP, the Managing Agent, any Vendor or any of their directors, officers, agents, affiliates, or employees will create a warranty, and no party may rely on any such information or advice. There is no assurance that the information to which the parties have access through the Match Site will be accurate, complete, secure, timely, or reliable, or that the Match Site or the automated services utilized by the NRMP or the Managing Agent will be error-free or operate without interruption. In particular, and without limiting the generality of the foregoing, the NRMP makes no warranty that certified rank order lists processed through use of such automated services will be properly executed. Each school is solely responsible for verifying the accuracy of any information provided to or available through the Match Site concerning such school or its students or graduates.
IN NO EVENT WILL THE NRMP, THE MANAGING AGENT, OR ANY VENDOR OR AFFILIATE BE LIABLE FOR ANY DAMAGES AS A RESULT OF ANY NEGLIGENT ACT OR OMISSION OF THE NRMP, THE MANAGING AGENT, OR ANY VENDOR OR AFFILIATE, IRRESPECTIVE OF WHETHER THE INJURED PARTY IS A SCHOOL OR A THIRD PARTY.
All notices to the NRMP, other than those given in accordance with Section 8.0, must be given either by email at nrmp@aamc.org or through the Match Site and are effective upon receipt. The NRMP is not responsible for delays in email or internet service. Any notices or documents received by the NRMP after the relevant deadline date will not be considered.
All notices to schools, other than those given in accordance with Section 8.0, will be given either (a) by email to the email address provided by such party to the NRMP upon submission of such party's registration at the Match Site or (b) through the Match Site while the school is logged on to the site. Such notices to schools given by email will be deemed given twenty-four (24) hours after sending, unless the sending party is notified that the email address is invalid or that the message was not delivered. All notices given during the school's session on the Match Site wil be deemed given at the time of such session.
Except for the granting or denial of a waiver as noted in Sections 2.5 and 3.5 of the Match Participation Agreement Among Applicants, the NRMP and Participating Programs, all disputes arising out of, or related to, the Main Residency Match, this Agreement, or the breach thereof, between or among the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match must be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, unless the parties to the dispute mutually agree otherwise. Notwithstanding the foregoing, no arbitrator shall have power to adjudicate any dispute as a class arbitration or as a consolidated arbitration without the express consent of all the parties to any such dispute. In addition, no arbitrator shall have the power to modify any sanctions imposed by the NRMP unless (1) the arbitrator overturns a finding by the NRMP of a violation of this Agreement or (2) the arbitrator finds that the sanctions imposed by the NRMP are either arbitrary and capricious or were imposed outside of the scope of potential sanctions set forth in this Agreement and the Violations Policy. Notice of the demand for arbitration must be filed in writing with all other parties to the arbitration and with the American Arbitration Association. A demand for arbitration in a matter that is covered by the Violations Policy must be made in accordance with the Violations Policy. The arbitrators must conduct all arbitration proceedings in the Office of the NRMP in Washington, DC or at such other location in Washington, DC as mutually agreed upon by the parties. Each party will share equally in the cost of arbitration, except that the party requesting arbitration must pay the filing fee required by the AAA Standard Fee Schedule, including the Initial Filing Fee and the Case Service Fee, and the party requesting arbitration must further file the AAA form entitled "Demand for Arbitration - Commercial". The burden shall be on the applicant or program to demonstrate by clear and convincing evidence that an adverse decision by the NRMP was without basis-in-fact or in violation of the applicable Agreement. The award by the arbitrator or arbitrators will be final and must be in writing. Judgment upon the award rendered may be entered in any court having jurisdiction thereof, so long as the arbitrators acted in good faith. The arbitrator may construe and interpret, but may not vary or ignore, the terms of the Agreement. The arbitrator shall not have the power to make an award that is inconsistent with the provisions of this Agreement or with District of Columbia substantive law.
No claim or cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception.
In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party's intent to seek arbitration is not received by the NRMP within 10 business days from that party's receipt of the Review Panel Report, or if the party does not file a demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
This Agreement is governed by the laws of the District of Columbia, excluding its choice of law provisions.
The headings of the Sections of this Agreement have been inserted for convenience of reference only and shall in no way restrict or otherwise affect the construction of the terms or provisions of this Agreement. Unless indicated otherwise, references in this Agreement to Sections are to Sections of this Agreement.
If any provision of this Agreement is found in any arbitration proceeding or by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to achieve the purpose originally intended, if possible, and the validity, legality, and enforceability of the remaining provisions will not be affected or impaired and are to be enforced to the maximum extent permitted by applicable law. If any remedy set forth in this Agreement is determined to have failed of its essential purpose, then all other provisions of this Agreement will remain in full force and effect.
Failure of any party to act or exercise its rights under this Agreement upon the breach of any other terms hereof by any other party is not to be construed as a waiver of such a breach or prevent such party from later enforcing compliance with any or all of the terms hereof. This Agreement contains the entire agreement between the parties with respect to the Main Residency Match and its results. Any representations, promises, or conditions not incorporated in this Agreement will not be binding upon any of the parties. No modification of this Agreement shall be effective unless in writing and executed by the party against whom it is to be enforced.
Updated August 2012
|
© 2012 NRMP | Copyright Notice | Privacy Statement | Social Media Policy |