Effective: January 1, 2010
EACH TIME YOU USE THE SITE THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. AS A RESULT, WHEN YOU USE THE SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
- ACCEPTANCE OF THIS AGREEMENT
- SCOPE OF THIS AGREEMENT
QTI grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, data, graphics, messages, documents, text, images, sound, video, audio, artwork, software, and HTML code (“Content”) are exclusive property of QTI or their respective owners. U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws protect the Content, except as expressly permitted herein. You shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, resell, license, rent, adapt, edit, reverse engineer, or create derivative works of such Content, or (ii) use the Content on other websites or any media without QTI's prior written consent.
- OWNERSHIP, TRADEMARK INFORMATION & PERMITTED USES OF THE SITE
Copyright © QTI Management Services, Inc. 2010. All Rights Reserved. The Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, models, data, and other elements available on or through the Site are the property of QTI, Affiliates and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.
Certain portions of this Site contain information that is considered confidential and proprietary. This information is not available to the general public. Any attempt to access this information will be prosecuted to the fullest extent possible under local, state, national and international law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of QTI or any third party, except as expressly granted herein.
All registered and unregistered trademarks, service marks, and logos (“Marks”) displayed on the Site are exclusive property of QTI or their respective owners. You shall not use these Marks in any manner without prior consent of QTI or their respective owner. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site. Persons using the Site must comply with all applicable laws. QTI may in its absolute discretion modify the contents of the Site or restrict access to the Site at any time without notice.
- COMMUNICATIONS ON OUR SITE
All communications you submit through the Site or email must be true, accurate and complete. QTI and its Affiliates will rely upon the truth, accuracy and completeness of the communications you submit through the Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to QTI or its Affiliates, you and all persons you represent will be liable for any loss, damage or additional costs that you, QTI or its Affiliates, or other persons may incur as a result.
You authorize QTI and its Affiliates to: (a) accept communications that they receive from you by means of the Site or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Affiliates, and QTI workers by means of the Site, email or other communications; and (c) respond to your communications by means of Internet communications, email or other communications. Communications you send to QTI by means of the Site or email are not effective unless and until they are processed by the responsible QTI representative.
QTI may refuse to process any communications sent to QTI by means of the Site or email, or may reverse the processing of any communications sent to QTI by means of the Site or email, at any time in QTI's discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) QTI cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with QTI; (c) QTI considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
- ERRORS ON OUR SITE
QTI attempts to provide accurate information throughout the Site, but errors may occur anyway. QTI reserves the right to change other information available through the Site at any time and from time to time without any notice or liability to you or any other person.
- PERSONAL INFORMATION PRIVACY
- ACCOUNT AND PASSWORD
If you open an account within the Site, it is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; (c) promptly notify QTI if there is any unauthorized use of your account or any breach of security; and (d) not disclose to or share you account logon and/or password with any third parties nor use your password for any unauthorized purpose. You shall be responsible for all uses of your registration, whether or not authorized by you.
You understand and agree that QTI: (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard until you are enlisted on the payroll of QTI. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any Affiliate. You and any persons you represent (on the one hand) and QTI and Affiliates (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site.
- CHANGES TO THIS AGREEMENT
QTI may, in its discretion, edit, change, amend, or supplement this Agreement as it relates to your use of the Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner whatsoever.
- USE PROHIBITIONS
In connection with your Use, you agree to not:
- violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
- infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
- upload, post, transmit, or store any material that:
- is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, vulgar, abusive, or objectionable;
- breaches any of your contractual or confidentiality obligations;
- disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
- are not permitted by QTI, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “flood mail,” “chain letters,” “mail bomb,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
- violate other's privacy rights or personal rights by abusing the Content, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's Personal Information;
- breach or attempt to breach any security measures of the Site;
- use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Content without QTI's prior written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
- take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure;
- access or attempt to access any account or login of any third party listed on the Site;
- copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
- post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
- impersonate any person or entity;
- forge any header information in any electronic posting or mail;
- misrepresent yourself, your affiliation with any third party, or your entity;
- access data not intended for you or log into a server or account which you are not authorized to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing."
- USE RESPONSIBILITIES
In addition to the general responsibilities listed in Section 10, you agree to:
- use the Site only for lawful purposes in searching for employment opportunities and career information;
- provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
- post materials for which you have all the necessary rights or licenses;
- use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Site; and
- bear the risks of any reliance or use of any Content or any information provided by any third party.
QTI and their Affiliates do not accept any liability for your use of the Site. As a result, the following provisions apply to your use of the Site.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS & CONDITIONS
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY QTI AND THEIR AFFILIATES TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND QTI'S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
QTI AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY QTI TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY QTI IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO QTI BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QTI AND AFFILIATES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND QTI AND THEIR AFFILIATES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
QTI AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY QTI OR ANY AFFILIATE OR ANY PERSON FOR WHOM QTI OR AN AFFILIATE MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT QTI OR ANY AFFILIATE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OF CERTAIN LIABILITIES ARE PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE QTI, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT QTI, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF QTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, QTI’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $50.
QTI DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, QTI IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. QTI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. QTI MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
YOU HEREBY RELEASE AND FOREVER DISCHARGE EACH OF QTI AND ITS AFFILIATES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF QTI AND ITS AFFILIATES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY QTI OR ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
FAIR ALLOCATION OF RISK AND LIABILITY
YOUR AGREE AND ACKNOWLEDGE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.
LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE SITE
Links to Our Site without the express written permission of QTI are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method are strictly prohibited.
TERMINATION OF THIS AGREEMENT AND SITE USE
The Site is controlled by QTI from Madison, Wisconsin, United States of America. This Agreement, your use of the Site, and all related matters are governed solely by the laws of the State of Wisconsin, United States of America and applicable federal laws of the United States of America, excluding any rules concerning the conflict of laws or any international laws that would lead to the application of any other laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its then-current Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Madison, Wisconsin, United States of America. Notwithstanding the foregoing, you or QTI may seek injunctive relief from an appropriate court located in Madison, Wisconsin prior to or during the arbitration.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 3 (Ownership and Permitted Uses of the Site) ; 6 (Personal Information Privacy); 12 (Disclaimer, Liability Exclusion, Liability Limitation, Release, Indemnity, and Fair Allocation of Risk and Liability); 13 (Other Sites); 14 (Linking, Framing, Mirroring, Scraping and Data-Mining the Site); 15 (Termination of this Agreement and Site Use); 16 (Governing Law); 17 (Dispute Resolution); and 18 (Severability). The provisions of this Agreement will inure to the benefit of and be binding upon each of QTI, Affiliates and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of QTI, which may be withheld in QTI's discretion. QTI may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
Any rights not expressly granted by this Agreement are reserved to QTI.