1. ACCEPTANCE OF TERMS
Welcome to the Compliance website, operated by eQuest, LLC. EQuest, LLC provides its service to you subject to the following Terms of Service (“TOS”). These TOS are the terms and conditions under which authorized users of the Site (“you” or “User”) may use the EQuest, LLC Network and the functionality, content and services offered to you by EQuest, LLC, Inc. (“EQuest, LLC,“ “we” or “us”) on or through the Site. Please read this page carefully. If you do not accept these TOS, do not use this Site or services. Any use by you of this Site or related services indicates your acceptance of and agreement to be bound by these TOS, as amended and in effect from time to time.
The Site is not intended for children under 13. By using the Site, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Site.
We may amend or modify these TOS at any time without notice to you, so you should visit this page periodically to review the most current version.
2. DESCRIPTION OF SERVICE
EQuest, LLC provides customers with access to various resources, including job postings, event listings, communications tools, forums and other personalized content through its network of properties which may be accessed through mediums or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements may be necessary for EQuest, LLC to provide the Service. You also understand and agree that the Service may include certain communications from EQuest, LLC, such as service announcements, administrative messages and the EQuest, LLC Newsletter, and that these communications are considered part of EQuest, LLC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EQuest, LLC properties, shall be subject to this TOS. You understand and agree that the Service is provided “AS-IS” and that EQuest, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are under the legal age to form a binding contract, EQuest, LLC requires written approval from your guardian. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EQuest, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EQuest, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service’s registration process. – online, or directly through eQuest Corporate Offices. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EQuest, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EQuest, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, jobs, events, announcements, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EQuest, LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. EQuest, LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EQuest, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Users shall only access and use the Content, features and functionality of the Site which their password permits them to access and use.
You agree that you will not use the Service to:
1. post or transmit any Content that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or that reveals any information that should be known to the User to be confidential or proprietary.
2. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically insensitive, or otherwise objectionable;
3. impersonate any person or entity, including without limitation an EQuest, LLC employee or agent, an authorized user of EQuest, LLC’s services, a candidate, an alumnus, a university administrator or staff member or an employer, or otherwise misrepresent your affiliation with any person or entity.
4. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,“ “spam,“ “chain letters,“ “pyramid schemes,“ or any other form of solicitation
6. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. “stalk” or otherwise harass another User; and/or
8. print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
You acknowledge that EQuest, LLC may or may not pre-screen Content, but that EQuest, LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, EQuest, LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EQuest, LLC or submitted to EQuest, LLC.
You acknowledge, consent and agree that EQuest, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of EQuest, LLC, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EQuest, LLC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to indemnify and hold EQuest, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another User.
8. MODIFICATIONS TO SERVICE
EQuest, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EQuest, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that EQuest, LLC may, under certain circumstances and without prior notice, immediately terminate your EQuest, LLC account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your EQuest, LLC account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in EQuest, LLC’s sole discretion and that EQuest, LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
10. THIRD PARTY CONTENT AND LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EQuest, LLC has no control over such sites and resources, you acknowledge and agree that EQuest, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EQuest, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. EQUEST, LLC’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized in writing by EQuest, LLC or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
EQuest, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by EQuest, LLC for use in accessing the Service.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EQUEST, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. EQUEST, LLC MAKES NO WARRANTY THAT (I) THE SITE OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, (IV) THAT THE SITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (V) THAT ANY JOB POSTING, RESUME, ADVERTISEMENT OR OTHER CONTENT OR COMMUNICATION WILL BE VIEWED BY ANY MINIMUM OR SPECIFIC NUMBER OF USERS OR BY ANY PARTICULAR USER, (VI) THAT THE QUALITY OR QUANTITY OF JOB APPLICANTS OR JOB OPPORTUNITIES OR THE QUALITY OF ANY PARTICULAR JOB APPLICANT OR JOB OPPORTUNITY WILL MEET YOUR EXPECTATIONS, OR (VII) THERE WILL BE ANY MINIMUM NUMBER OF USERS WITH RESUMES OR SPECIFIC NUMBER OF USERS WITH RESUMES OR PARTICULAR USERS WITH RESUMES ON THE SITE OR THAT ANY OF THE USERS WITH RESUMES WILL MEET YOUR EXPECTATIONS. EQUEST, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUEST, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EQUEST, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUEST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
EQuest, LLC respects the intellectual property of others, and we ask our users to do the same. EQuest, LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide EQuest, LLC’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
EQuest, LLC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o EQuest, LLC Inc.
2010 Crow Canyon Place, Suite 100-10016, San Ramon, CA 94583
By phone: 800-495-4479
By fax: 925-275-3599
By email: admin@eQuest.com
16. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and EQuest, LLC and governs your use of the Service, superseding any prior agreements between you and EQuest, LLC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EQuest, LLC services, affiliate services or third-party content.
Choice of Law and Forum. The TOS and the relationship between you and EQuest, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and EQuest, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Contra Costa, California.
Waiver and Severability of Terms. The failure of EQuest, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your EQuest, LLC account is non-transferable and any rights to your EQuest, LLC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
By phone: 800-495-4479
By email: admin@eQuest.com
©2010 EQuest, LLC, Inc. All rights reserved.