This describes the terms and conditions on which QMSrs.com, Inc. (the Company)
allows you to access and use the QMSrs.com web site (the Web Site). By using the
Web Site, you (User) accept and agree to be bound the terms of these Terms and
Conditions. Please read this page carefully. If you do not accept the Terms and
Conditions stated here, do not use the Web Site and service. The terms you and
User as used herein refer to all individuals and/or entities accessing the Web
Site for any reason.
1. Use of Material and Web Site
The Company authorizes you to view and download a single copy of the material on
the Web Site solely for your personal, noncommercial use. This license to use
the Web Site and the Material is not a sale of any of the owner's rights. The
Web Site may be used only by you, and you may not rent, lease, lend, sub-license
or transfer the Web Site or any data residing on it or any of your rights under
this agreement to anyone else. You may not develop or derive for commercial sale
any data in machine-readable or other form that incorporates or uses any
substantial part of the Web Site. You may not transfer to or store any data
residing or exchanged over the Web Site to any electronic network for use by
more than one user unless you obtain prior written permission from the Company.
You must retain all copyright, trademark, service-mark and other proprietary
notices contained in the original Material on any copy you make of the Material.
Except as otherwise expressly provided, you may not sell, modify, reproduce,
copy, display, perform, distribute, transfer, use, publish, license or create
derivate works from any Material or content contained on the Web Site. The use
of the Material on any other web site or in a networked computer environment for
any purpose is prohibited. You shall not copy or adapt the HTML code that the
Company creates to generate its pages. It is also protected by the United
Kingdom and foreign copyright laws.
The Company may revise these Terms and Conditions at any time by updating this
posting. You should visit this page periodically to review the Terms and
Conditions, because they are binding on you.
2. License
By submitting content to any public or non-public area of the Web Site,
including message boards, forums, contests and chat rooms, you grant the Company
and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable
(through multiple tiers), non-exclusive right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed, for the full
term of any rights that may exist in such content. You also warrant that the
holder of any rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also permit any subscriber to
access, display, view, store and reproduce such content for personal use.
Subject to the foregoing, the owner of such content placed on the Web Site
retains any and all rights that may exist in such content.
3. Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of the
Web Site, including, without limitation: (a) accessing data not intended for
such user or logging into a server or account which the user is not authorized
to access; (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a virus to the
Web Site, overloading, flooding, spamming, mail bombing or crashing; (d) sending
unsolicited e-mail, including promotions and/or advertising of products or
services; or (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. The Company will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
4. Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees. You
represent, warrant and agree that you will not use (or plan, encourage or help
others to use) the Web Site for any purpose or in any manner that is prohibited
by these terms, conditions and notices or by applicable law (including but not
limited to any applicable export controls). The Company specifically prohibits
any use of the Web Site, and all users agree not to use the Web Site, for any of
the following: (a) Posting any incomplete, false or inaccurate biographical
information or information which is not your own accurate resume (living
individual seeking employment on a full-time or part-time basis on his or her
own behalf). (b) Impersonating any person or entity, including but not limited
to a Company official, forum leader, guide or host or falsely stating or
otherwise misrepresenting your affiliation with a person or entity. (c) Posting
or transmitting any content that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements). (d) Posting any franchise, pyramid scheme, club
membership, distributorship or sales representative agency arrangement or other
business opportunity which requires an up front or periodic payment, pays
commissions only (no significant salary), requires recruitment of other members,
sub-distributors or sub-agents. (e) Posting or transmitting any unsolicited
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes or any other form of solicitation or any non-resume information such as
opinions or notices, commercial or otherwise. (f) Deleting or revising any
material posted by any other person or entity. (g) Using any device, software or
routine to interfere or attempt to interfere with the proper working of the Web
Site or any activity being conducted on this site. (h) Taking any action which
imposes an unreasonable or disproportionately large load on the Web Site's
infrastructure. (i) If you have a password allowing access to a non-public area
of the Web Site, disclosing to or sharing your password with any third parties
or using your password for any unauthorized purpose. (j) Notwithstanding
anything to the contrary contained herein, using or attempting to use any
engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search the Web Site other than the search engine and saved searches available
from the Company on the Web Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer). (k) Attempting to
decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Web Site. (l) Transmitting,
posting, distributing or storing any message, information, data, text, software
or images, or other materials (Content) that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually-explicit,
libelous, hateful, racially, ethnically or otherwise objectionable to another
user or any other person or entity. (m) Posting or transmitting any Content that
contains viruses or corrupted data, Trojan horses, worms, time bombs, cancel
bots or other computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information. (n) Deleting any author attributions, legal
notices or proprietary designations or labels that you upload to any
communication feature. (o) Using the Web Site's communication features in a
manner that adversely affects the availability of its resources or other users
(e.g., excessive shouting, use of all caps, or flooding continuous posting of
repetitive text). (p) Uploading, transmitting or posting any Content or using
the Web Site in any manner that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party or violate the privacy,
publicity or other personal rights of any third parties. (q) Responding to any
employment opportunity on the Web Site for any reason other than to apply for
the job. Communications soliciting the employer's business by our competitors
are prohibited. (r) Printing out or otherwise copying or using any personally
identifiable information about employees or business information about
employers. Unsolicited e-mail, telephone calls, mailing or other contacts to
posting individuals and companies are prohibited. (s) Reselling or assigning
your rights or obligations under these Terms and Conditions of Use. (t) Making
any unauthorized use of the Web Site. (u) Violating any applicable local, state,
national or international law or regulation.
5. User Information
You will be required as part of your registration for the Web Site to provide
the Company with certain information about yourself, including, without
limitation, a valid e-mail address (your Information). In addition to the terms
of any privacy policy posted on the Web Site, you understand and agree that the
Company may disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. However, the Company
will not disclose to any third party your name, address, e-mail address or
telephone number without your prior consent, except to the extent required by
applicable laws or in legal proceedings. The Company reserves the right to offer
third party services and products to you based on the preferences that you
identify in your registration and at any time thereafter; such offers may be
made by the Company or by third parties.
6. Monitoring
The Company acts as a passive conduct for the distribution and publication of
user-submitted material and has no obligation to screen or monitor said
material. If notified by a user of material which allegedly do not conform to
these Terms and Conditions, the Company may investigate the allegation and
determine in good faith and its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or responsibility to
users for performance or nonperformance of such activities. The Company reserves
the right to (a) expel users and prevent their further access to the Web Site
for violating these Terms and Conditions or the law, (b) remove communications
which are abusive, illegal, or disruptive, or (c) take any action with respect
to user-submitted material that it deems necessary or appropriate in its sole
discretion if it believes it may create liability for the Company or may cause
the Company to lose (in whole or in part) the services of its ISPs or other
suppliers.
7. Registration and Password
You are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses and activities that occur under
your password, regardless of whether they are authorized by you. You agree to
immediately notify the Company of any unauthorized use of your registration or
password. The Company will not be liable for any loss or damage arising from an
unauthorized use of your registration or password.
8. The Company's Liability
The Web Site acts as a venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor the listings offered.
The Company is not involved in the actual transaction between employers and
candidates. Therefore, the Company has no control over the quality, safety or
legality of the jobs, resumes or other material posted, the truth or accuracy of
the listings, the ability of employers to offer job opportunities to candidates
or the ability of candidates to fill job openings. You acknowledge and agree
that you are solely responsible for the form, content and accuracy of any resume
or material placed by you on the Web Site. Employers are solely responsible for
their postings on the Web Site. The Company is not responsible for any material
posed on the Web Site that may be offensive, harmful or inaccurate. Further, the
Company cannot and does not confirm that each user is who they claim to be.
The Company is not to be considered to be an employer with respect to your use
of the Web Site and the Company shall not be responsible for any employment
decisions made by any entity posting jobs on the Web Site. We make no warranties
whatsoever that you will obtain any job via the Web Site, nor any warranties
about (and take no responsibility for) any job you may obtain. In the event that
you have a dispute with another user, you release the Company, its agents and
employees from claims, demands and damages (actual and consequential, direct and
indirect) of every kind and nature, known and unknown, arising out of or in any
way connected with such disputes. If you are a California resident, you waive
California Civil Code d1542, which says: A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor.
The Material may contain inaccuracies or typographical errors. The Company makes
no representations about the truthfulness, accuracy, reliability, completeness,
or timeliness of the Web Site or the Material or material posted by users. The
use of the Web Site and the Material and any reliance on material posted by
other users is at your own risk. Changes are periodically made to the Web Site
and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE AND ITS SERVER (OR ANY SOFTWARES AND MATERIALS ACCESSIBLE THROUGH
THE WEB SITE) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR INABILITY TO
USE THE WEB SITE (OR ANY LINKED SITES) AND THE MATERIAL OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES THROUGH THE WEB SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY. IF THIS LIMITATION OR LIABILITY OR THE EXCLUSION OF WARRANTY SET
FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE
COMPANY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S.
$100.00 PER OCCURENCE.
9. Termination and Equitable Relief
In the event of any breach by you of these Terms and Conditions or if the
Company is unable to verify or authenticate any information you submit, the
Company may, at its sole discretion, pursue all of its legal remedies,
including, but not limited to, deletion of your postings from the Web Site
and/or immediate termination of your registration or ability to access the Web
Site or any other service provided to you by the Company. The Company shall have
the right to terminate your ability to access the Web Site at any time without
notice and to discontinue or modify any of the information contained on the Web
Site, or the Web Site itself, at any time. Given the nature of these Terms and
Conditions, you understand and agree that, in addition to money damages, the
Company will be entitled to equitable relief upon a breach of them by you.
10. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or your breach of the terms
of these Terms and Conditions or your representations and warranties or your
violation of any rights of third parties, including without limitation, any
proprietary or intellectual property rights.
11.Miscellaneous
(a) Validity of Terms and Conditions. A printed version of these Terms and
Conditions and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
agree that the fact that these Terms and Conditions are in electronic form does
not affect in any way their validity or enforceability. You also agree that the
clicking of the button I accept on the Web Site constitutes your valid and legal
signature. (b) Other Jurisdictions. Access to the Materials may not be legal by
certain persons or in certain countries. When you access the Web, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction. Use of the Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms and Conditions. (c) Assignment;
Waiver. You may not assign any part of this Agreement without the Company's
prior written consent. No waiver of any obligation or right of either party
shall be effective unless in writing, executed by the party against whom it is
being enforced. (d) Governing Law; Venue. These Terms and Conditions are
governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles, and the relevant federal laws.
Jurisdiction for any claims arising under this agreement shall lie exclusively
with the state or federal courts located in the State of California. (e)
Severability. If any provision of these Terms and Conditions are found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect. (f) Entire
Agreement. Except as expressly provided in additional terms of use for areas of
the Web, these Terms and Conditions constitute the entire agreement between you
and the Company with respect to the use of the Web Site. No changes to these
Terms and Conditions shall be made except by a revised posting on this page.
Certain areas of the Web Site are subject to additional terms of use. By using
such areas, or any part thereof, you agree to be bound by the additional terms
of use applicable to such areas. |