ACCEPTANCE OF TERMS
Welcome to eQuest. eQuest provides its website information subject to the following Terms of Service (“TOS”). These TOS are the terms and conditions under which visitors may use eQuest.com. There are no job delivery services directly related to eQuest via this website and is offered strictly for information purposes. 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.
DESCRIPTION OF SERVICE
eQuest provides customers with job distribution services via its integrations with various third party partners and associations. Job distribution services are not launched or accessed through eQuest.com (this website). This website is provided to interested parties for information purposes only.
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, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will eQuest 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:
- 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.
- 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;
- impersonate any person or entity, including without limitation an EQuest, LLC employee or agent, an authorized user of eQuest services, a candidate, an alumnus, a university administrator or staff member or an employer, or otherwise misrepresent your affiliation with any person or entity.
- 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;
- 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
- 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;
- “stalk” or otherwise harass another User; and/or
You acknowledge, consent and agree that eQuest 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 agree to indemnify and hold eQuest 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 this website, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another User.
MODIFICATIONS TO SERVICE
eQuest 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 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
THIRD PARTY CONTENT AND LINKS
The website may provide, or third parties may provide, links to other Internet sites or resources. Because eQuest has no control over such sites and resources, you acknowledge and agree that eQuest 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 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.
EQUEST PROPRIETARY RIGHTS (FOR SERVICES PROVIDED OUTSIDE THIS WEBSITE)
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 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 for use in accessing the Service.
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.
- 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.
- 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.
- 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.
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.
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.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
eQuest respects the intellectual property of others, and we ask our users to do the same. eQuest 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’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- 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: 855-467-0454
By email: admin@eQuest.com
Entire Agreement. The TOS constitutes the entire agreement between you and eQuest and governs your use of the Service, superseding any prior agreements between you and eQuest 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 services, affiliate services or third-party content.
Choice of Law and Forum. The TOS and the relationship between you and eQuest shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and eQuest 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 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 account is non-transferable and any rights to your eQuest 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: 855-467-0454 FREE
By email: admin@eQuest.com