Qwert5®.com and all such its websites together, will be referred to as the "Website". This includes any websites under Qwert5®'s control, including, without limitation, Qwert5®.com, Qwert5® JAMS, - the Job ApplicationManagement System Services - and Resources (such as the links to sites which are posted under various sections). Qwert5®Sites also allow Users to create individual profiles, which may include personal information ("Personal Profiles"). The exceptions to this are job sites that You may enter for the 'Search' of jobs - these websites to which You navigate as per Your own choice, are not under Qwert5®'s control and are independent entities in their own right and (b) sites where hyperlinks are provided to You either as (i) Advertisements or (ii) Information - in respect of such sites, the terms and conditions of those sites apply.
Qwert5® Services comprise all applications and services offered by Qwert5®, including the on-line service to search employment opportunities and any application accessed via the Facebook Platform and/or any mobile or other interface that allows You to access such applications. The Qwert5® Services also include tools such as (a) Qwert5® Application tracker (also referred to synonymously herein as Qwert5®-JAMS) (b) Keep-In-Mind (also referred to synonymously herein as Qwert5®-KIM) and Resources (with links to sites which are posted under various sections).
Postings or links on the Website or e-mail agreements, information messages, invoices and other documents, notices and communications concerning Qwert5® and its services and/or Your relationship with Qwert5®and its services.
Any individual/entity accessing or using the Website, will be referred to as "You, "User" or "Member".
Any information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials (any individual or part combination or all together) that You submit, publish or display on any Qwert5® provided website will be called "User Material" or "Your Material".
Additionally, You understand and agree that Qwert5® may electronically provide to You either through postings or links on the Website or through e-mail agreements, other documents, notices and communications regarding Your relationship with Qwert5® and its services. You hereby consent to receipt of such Pronouncements electronically.
If You do not accept the Terms stated here, do not use the Qwert5® Sites and the Qwert5® Services.
Users who violate these Terms may have their access and use of the Qwert5® Sites suspended or terminated, at Qwert5®'s sole discretion.
Qwert5® may revise these Terms at any time by posting an updated version to this Web page. Please visit this page each time you use Qwert5® to review the most current Terms because they are binding on You.
Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Qwert5® and/or its affiliates.
UNDERSTANDING YOUR RIGHTS AND RESPONSIBILITIES AS A Qwert5® USER.
Use of Qwert5® Services
The services provided by Qwert5® are solely for Your personal, non-commercial use. If You wish to make commercial use of Qwert5®, You must first enter into an agreement with Qwert5®.
Qwert5® Services may only be used by persons searching for jobs and / or career advice. These Users will have to register in the appropriate sections of Qwert5® Services. Requesting registration is no guarantee that registration will be successful and Qwert5® has the right to deny registration to any applicant, without explanation. In addition, Your use of the Qwert5® Services is subject to any other contracts that You may have with Qwert5®. In the case of any conflict between these Terms and any contract You have with Qwert5®, the terms of Your contract will prevail.
Acceptable Use Policy ("AUP").
Qwert5® authorizes You to view and access a single copy of the Material available on or from the Website solely for Your personal use. Each Qwert5®-JAMS ID, Qwert5®-Profiles ID and password may be used by only one, single person. Unauthorized use of the Website and Qwert5® Services including but not limited to unauthorized entry into any of Qwert5®'s systems, misuse of IDs or passwords, or misuse of any information posted on the Website is strictly prohibited. Qwert5® reserves the right, at its sole discretion, to immediately cancel Your account and/or seek all other legal remedies available, for copying copyrighted text or otherwise misusing or misappropriating site Material, including but not limited to, use on a "mirrored", competitive, or third party site. The use of automated programming on the Website, including but not limited to the use of a script to apply for job or search for appropriate job seeker profiles is not permitted.
Valid Email Address:
You are required to register and to supply and maintain a valid and verified email address in order to use some of the services provided by the Website. If You so register, You agree to provide true, accurate, current and complete information about Yourself as prompted by the Qwert5® registration (including Your email address) and to be responsible for the confidentiality and use of Your username and password and not transfer or resell Your use of or access to the Site to any third party. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from the system and You will be denied access to this Website. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
You agree not to access (or attempt to access) any of the Qwert5® Services or Websites by any means other than through the interface that is provided by Qwert5®, unless You have been specifically allowed to do so in a separate agreement with Qwert5®. You agree that You will not engage in any activity that interferes with or disrupts the services or site (or the servers and networks which are connected to the Services or websites). Unless You have been specifically permitted to do so in a separate agreement with Qwert5®, You agree that You will not reproduce, duplicate, copy, sell, trade or resell Qwert5® Services or Qwert5® Websites for any purpose. You agree that You are solely responsible for (and that Qwert5® has no responsibility to You or to any third party for) any breach of Your obligations under these Terms and Conditions and for the consequences (including any loss or damage which Qwert5® may suffer) of any such breach.
Qwert5® Website visitors agree not to:
a) Use Qwert5®'s Database for any purpose other than as a candidate seeking a position, including but not limited to using the information in any of Qwert5®'s websites to sell or promote any products or services;
c) Post Material on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant or are otherwise misleading;
d) Take any action that imposes an unreasonable or disproportionately large load on any Qwert5® Site's infrastructure;
e) Use any device to navigate or search any Qwert5® Site, other than the tools available on the Site, generally available third party web browsers ( e.g. Firefox, Internet Explorer, Google Chrome, Safari), or other tools approved by Qwert5®; 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 / search the Website, other than the search engine and search agents available from the Website and other than generally available above-mentioned third party web browsers;
f) Violate or attempt to violate the security of any Qwert5® Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, without proper authorization;
g) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
h) Reverse engineer, decode, disassemble or decompile any of the software involving or making up a part of the Qwert5® Site;
i) Collect, copy or duplicate in any form, any of the Qwert5® Material or information available from any Qwert5® Site, including expired job postings, other than as permitted by these Terms;
j) Frame or link to any Qwert5® Material or information available from any Qwert5® Site, unless permitted by these Terms;
k) Post any resume or apply for any job on behalf of another party;
l) Misuse the Websites and / or attempt to interfere with service to any User, host or network, by methods including, without limitation, overloading, "flooding", "spamming", "mail-bombing" or "crashing" or submitting viruses, trojans, worms, malware, logic bombs or other material, that is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Websites;
m) Share with a third party any login credentials to any Qwert5® Site;
n) Access data not intended for You or log into a server or account which You are not authorized to access;
o) Post or submit to any Qwert5® Site any incomplete, false or inaccurate biographical information or information which is not Your own;
p) Post Material that contains restricted or password-only access pages, or hidden pages or images;
q) Solicit passwords or personally identifiable information from other Users;
r) Delete or alter any material posted by any other person or entity;
s) Harass, incite harassment or advocate harassment of any group, company, or individual;
t) Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and / or advertising products or services to any User, or contact any users, unless they have specifically requested to be contacted by You;
u) Bypass any limitations or suspensions of functionality;
v) Provide false information in the course of using Qwert5®;
w) Promote or validate an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
x) Use the Qwert5® Services for any unlawful purpose or any illegal activity, or post or submit any User Material or resume that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Qwert5®'s discretion;
y) Interfere with other Qwert5® users' pleasure of the Qwert5® Services;
z) Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Qwert5® account;
aa) Upload on the Website or contact other Users about any pyramid/multi-level scheme, 'club membership' or other type of business opportunity that pays only commissions, necessitates recruiting of other members, distributors or agents at any level or requires payments to be made (whether onetime or periodically).
bb) Post any material that is implicitly or explicitly offensive, such as User Material that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
Violators of system or network security may face civil and / or criminal liability. Qwert5® will investigate occurrences which may involve such violations and may work and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
You are responsible for maintaining the confidentiality of Your account, ID, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Qwert5® Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Qwert5® of any unauthorized use of Your account, Profile, or passwords.
Qwert5® values and respects feedback about Qwert5® sites and the services offered. However, Users are requested not to send any ideas, suggestions or inventions, tangible or otherwise, which are unsolicited by Qwert5®. Qwert5®policies and rules do not permit consideration or acceptance of any unsought/unsolicited material, in any form. If, in spite of this formal request, Users send creative suggestions, ideas, drawings, concepts, inventions, or other information (called the 'free matter'), the free matter will become the exclusive property of Qwert5®, and Qwert5® shall own all present known and future discovered rights to it, and be entitled to its unlimited Commercial and non-commercial use (present and future), without compenJAMSion to the sender or anyone else. There shall be no obligation of Confidentiality on the part of Qwert5® and its affiliates with regard to this matter submitted and Qwert5®shall not be liable for any use or disclosure of any submission.Access to the Website.
Qwert5® reserves the right to modify or discontinue any Services or Material provided by Qwert5® without notice to the User. You acknowledge and accept that Qwert5® does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances within or outside of Our control. No requests for making available any information will be entertained after such discontinuation even if the information was stored on Qwert5®'s website as part of legitimate and acceptable use of the services of Qwert5®.
You acknowledge and agree that, as between You and Qwert5®, Qwert5® owns, and shall continue to own, all exclusive right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to Qwert5®'s websites and all Website Services and Material provided by Qwert5® on its Websites, including without limitation, site design, text, images, logos, software, audio and video data, graphics, and interfaces ("Qwert5® Material").
All Qwert5® Material, unless explicitly attributed, is the property of Qwert5® or its licensors. The assemblage (meaning the collection, arrangement and assembly) of all Material on the Qwert5® Sites is the exclusive property of Qwert5® and is protected by copyright, trademark, patent and other laws. Unauthorized use of Qwert5® Material may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trade-mark, service mark and other proprietary notices contained in the original Qwert5® Material on any authorized copy You make of the Qwert5® Material.
You are not permitted to sell or modify the Website Material or reproduce, display, publicly perform, distribute, or otherwise use the Website Material in any way for any public or commercial purpose, in connection with products or services that are not those of Qwert5®, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Qwert5® or its licensors, that dilutes the strength of Qwert5® or its licensor's property, or that otherwise infringes Qwert5®'s or its licensor's intellectual property rights. Members may not in any other way misuse the Website Material.
Any code that Qwert5® creates to generate or display any Qwert5® Material or the pages making up any Qwert5® Site is also protected by Qwert5®'s copyright and You may not, partly or completely, duplicate, replicate or simulate, copy or adapt such workflow, process, images, menu and other display formats or code. Creation of any website similar to Qwert5® in any manner, including deceptively similar in appearance, content or workflow is not only prohibited but a violation of Qwert5®'s copyright, patent and other rights. The use of robots, spiders, or other devices - automatic or manual - to monitor or copy Qwert5® websites, Qwert5® Material or any third-party Material available on Qwert5®' websites is strictly forbidden.
Qwert5® reserves the right to unilaterally expel Users and prevent their further access to the Qwert5® Sites and / or use of Qwert5® Services for violating the Terms or applicable laws, rules or regulations. Qwert5® may take any action with respect to User Material that it deems necessary or appropriate in its sole discretion if it believes that such User Material could create liability for Qwert5®, damage Qwert5®'s brand or public image, or cause Qwert5® to lose Users or (in whole or in part) the services of its ISPs or other suppliers. In taking such action, Qwert5® will not be liable to provide any explanation whatsoever to any entity including You.
At Your discretion, You may provide feedback to Qwert5® concerning the function and performance of Qwert5®Services or Qwert5® sites one or more times, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If, through Your evaluation or otherwise, You suggest any Feedback, You hereby grant Qwert5® a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sub-license, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Qwert5® may disclose that Feedback to any third party in any manner and You agree that Qwert5® has the ability to sub-license all Feedback in any form to any third party without restriction.Qwert5® reserves the right to use the Material of messages sent through Qwert5® to prevent potentially illegal activities and activities that are detrimental to other users and itself. Qwert5® reserves the right to use a variety of methods to detect and address anomalous activity and screen Material to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some Users.
Third-party intellectual property rights.
You will have the opportunity to go to other websites during your use of Qwert5® services. At that point, You are expected to respect the intellectual property rights of the site You visit. Qwert5® respects the intellectual property of others, and we ask You, to do the same. As a condition to Your use of the Website, You agree not to use the Website to infringe the intellectual property rights of these visited sites whether present in their terms and conditions or not, in any way whatsoever. Qwert5® reserves the right to terminate Your account and block access to the Website, at any time, with or without notice, without assigning any reason and without any liability to Qwert5® and its Services, if You infringe (one or more times) the copyrights and other intellectual property rights of others.
The unauthorized uploading, reproduction, copying, distribution, modification, public display or public performance of copyrighted works is infringement of the copyright owners' rights. As a condition to Your use of the Qwert5® Sites, You agree not to use any Qwert5® Site to infringe the intellectual property rights of others in any way whatsoever. Qwert5®reserves the right to terminate the accounts of any Users, and block access to the Qwert5® Sites of any Users who are violators of these Terms and Conditions. Qwert5® reserves the right, in its sole discretion, to take these actions to limit access to the Site and / or terminate the accounts of any Users who infringe on any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any notice to the User who is terminated or to the User whose access is blocked.
In the use of the Website, You will have the opportunity to apply for job postings. By applying to such job postings which may have been presented to You through websites accessed through Qwert5®, You indemnify Qwert5® for any and all liabilities and losses arising out of Your decision to apply for the job postings.
In the use of the Website, You will have the opportunity to track Your job applications on the Website by using JAMS® - Job Application Management System. By using JAMS® - Job Application Management System , You indemnify Qwert5® for any and all liabilities and losses arising out of Your decision to track Your applications on the Application tracker.
In the use of the Website, You have the opportunity to receive reminders which are automatically generated on account of application related data that You have entered in the Application Tracker. By using the Action reminders, You indemnify Qwert5® against any and all liabilities and losses arising out of Your decision to use such reminders on Application tracker including but not limited non-receipt of reminders due to any reason.
The Qwert5® Sites are locations for candidates to search for and evaluate job opportunities at User selected job sites, apply to these positions and maintain records of them. Qwert5® DOES NOT SCREEN OR CENSOR THE JOB LISTINGS, AND HAS NO CONTROL OVER THEM, AS THE CANDIDATES LOOK FOR LISTINGS AT JOB SITES OF THEIR OWN CHOICE. Qwert5® is also not involved in the actual transaction between employers (and or their representative/s) and candidates. Therefore, Qwert5® is not responsible for the veracity, quality, safety or legality of the jobs 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 and Qwert5® makes no claims about any jobs accessed through the Qwert5® Sites. While Qwert5® reserves the right in its sole discretion to remove User Material and postings of any kind from the Qwert5® Sites from time to time, Qwert5® does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Interactions with strangers minors and those who might be acting under false pretenses involves inherent risks not the least of which includes but are not limited to the risk of emotional and or physical harm. You assume all risks associated with dealing with other Users with whom You come in contact through the Qwert5® Sites. Other people's Material may be offensive, harmful or inaccurate, by its very nature, and, in some cases, will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Qwert5® Sites. As in cases in all websites, please consult any individual whose judgement and or advice you trust before any use of any material on Qwert5®'s website and or any other website whether accessed directly or indirectly through Qwert5®. Qwert5® is not liable for any consequences arising out of such consultation and or use.
Because User authentication on the Internet is difficult, Qwert5® cannot and does not confirm that each User is who they claim to be. Qwert5® also does not and cannot be involved in User-to-User dealings or control the behavior of Users on any Qwert5® Site. If You have a dispute with one or more Users, You release Qwert5® (and our agents and employees) from claims, demands and damages (actual, consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising now or at any time in the future, out of or in any way connected or unconnected with such disputes to the fullest extent permitted by law.
The Qwert5® Sites and the Qwert5® Material may contain inaccuracies or typographical errors. Qwert5® makes no claims about the accuracy, reliability, completeness, or timeliness of any Qwert5® Site or the Qwert5® Material. The use of all Qwert5® Sites and the Qwert5® Material is at Your own risk. Changes are periodically made to Qwert5® Sites and may be made at any time. Qwert5® cannot guarantee and does not promise any specific results from use of any Qwert5® Site. No advice or information, whether oral or written, obtained by a User from Qwert5® or through or from any Qwert5® Site shall create any warranty not expressly stated herein.
Qwert5® denies any liability if any User posts material that infringes another's copyright. The latter, whose copyright is purported to be infringed, are requested to inform Qwert5® about the matter, but Qwert5® does not assume any obligation to remove the posts and to the extent permitted by law, disclaims any liability for failing to take any such action. Qwert5® also disclaims any liability in case of disputes arising between Users or other parties, due to copyright infringement by one or the other.
The Qwert5® Website and Services acts as portal for You, the User, to search for jobs at User selected job-sites. Qwert5® is not involved in the selection of the jobsite in which You, the candidate searches for postings or in the selections of specific posts or the behavior or actions or activity of You, the User at Your-selected, non-Qwert5® site. You therefore, completely and without limitation, release Qwert5® of any and all responsibility for any action and activity whatsoever on Your, the User's part and for activity at and through the visited non-Qwert5® sites, accessed through the Qwert5® Search facility or Keep-In-Mind® You further completely and without restriction, release Qwert5® of any and all liability due to any action and activity by You, the User, at the non-Qwert5® sites, selected and visited by You, the User, from the Search Section of Qwert5® services or Keep-In-Mind®. You also accept completely and without limitation, all responsibility and liability for Your activity and actions and consequences of Your actions at the visited, non -Qwert5® website selected and accessed by You, the User, through the Search section or Keep-In-Mind® of Qwert5® services.
If the non-Qwert5® site include Qwert5® and its Sites and Services in any action legal or otherwise, due to Your activity or actions at that non-Qwert5® site, during Your visit to that site selected and accessed through the Qwert5® Search Portal, You agree to accept and take upon yourself any and all responsibility and penalties due to your actions and absolve and free Qwert5® completely from any liability, responsibility and penalty.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Qwert5® encourages You to keep a back-up copy of any of Your User Material. To the extent permitted by law, in no event shall Qwert5® be liable for the deletion, loss, or unauthorized modification of any User Material.
Qwert5® does not provide or make any claims as to the quality or nature of any of the third party products or services purchased through any Qwert5® Site, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If notified of any Material or other Materials which allegedly do not conform to these Terms, Qwert5® may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the Material. Qwert5®has no liability or responsibility to Users for performance or nonperformance of such activities.
Disclaimer of Warranties
Qwert5® SERVICES AND SITES AND ITS LICENSORS EXPLICITLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Qwert5® SERVICES AND SITES MAKES NO WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Qwert5® MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS INCLUDED IN THE Qwert5® SERVICES AND Qwert5® SITES. . Qwert5® SERVICES AND SITES AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Qwert5®SERVICES
TO THE FULLEST EXTENT POSSIBLE BY LAW, Qwert5® DOES NOT WARRANT THAT ANY Qwert5® SITE OR ANY Qwert5® SERVICES WILL OPERATE ERROR-FREE OR THAT ANY Qwert5® SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY Qwert5® SITE OR Qwert5® MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, Qwert5® IS NOT RESPONSIBLE FOR THOSE COSTS OR THE CONSEQUENCES ARISING OUT NON-REPAIR AND OR NON-REPLACEMENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Qwert5® SERVICES, Qwert5® SITES AND OTHER, NON-Qwert5® SITES OF OUR OWN CHOOSING ACCESSED FROM THE Qwert5® SITES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA
Qwert5® SERVICES AND SITES AND ITS LICENSORS MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, ABOUT THE CORRECTNESS, ORIGINALITY, FULLNESS OR USEFULNESS OF ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Qwert5® SERVICES AND Qwert5® SITES. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTION YOU TAKE BASED ON ADVICE AND INFORMATION OBTAINED FROM Qwert5® SERVICES AND Qwert5® AND NON-Qwert5® SITES. Qwert5® AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Qwert5® SERVICES AND SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY Qwert5® SERVICES AND SITES OR PROVIDED ON SITES VISITED BY USERS (BY THEIR OWN SELECTION) FROM Qwert5® SITES AS PART OF THE JAMS OR KIM PROCESS.
Disclaimer of Consequential Damages.
The Website acts as a portal for candidates to search for jobs at User selected job-sites. Qwert5® is not involved in the selection of jobsite in which the candidate chooses to search for postings or in the selections of specific posts. Therefore, Qwert5® has no part to play in the actual transaction between employers/recruiters or their representatives and candidates. As a result, Qwert5® has no control over User Material, quality, safety, or legality of jobs posted in the candidate-selected sites and makes no representations about any jobs or User Material. Qwert5® shall not be responsible for any employment decisions, for whatever reason, made by any User in connection with jobs accessed on or through the Website.
Specifically, to the fullest extent possible by law, in no event shall Qwert5®, its suppliers or any third parties mentioned on any Qwert5® site, be liable for any damages whatsoever (including without limitation, incidental and consequential damages, lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses lost earnings, lost savings or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any Qwert5® site services and the Qwert5® material whether based on warranty, contract, tort or any other legal theory and whether or not Qwert5® is advised of the possibility of such damages.
The Qwert5® Website and Services acts as portal for You, the User, to search for jobs at User selected job-sites. Qwert5® is not involved in the selection of the jobsite in which You, the candidate searches for postings or in the selections of specific posts or the behavior or actions or activity of You at Your-selected, non-Qwert5® site. You therefore, completely and without limitation, release Qwert5® of any and all responsibility for any action and activity whatsoever on Your part and for activity at and through the visited non-Qwert5® sites, accessed through the Qwert5®Search facility. You further completely and without restriction, release Qwert5® of any and all liability due to any action and activity by You, at the non-Qwert5® sites, selected and visited by You, from the JAMS Section or KIM section of Qwert5®services. You also accept completely and without limitation, all responsibility and liability for Your activity and actions at the visited, non -Qwert5® website selected and accessed by You, through the Search section of Qwert5® services.
If the non-Qwert5® site include Qwert5® and its Sites and Services in any action legal or otherwise, due to Your activity or actions at that non-Qwert5® site, during Your visit to that site selected and accessed through the Qwert5® Search Portal, You agree to accept and take upon yourself any and all responsibility and penalties due to your actions and absolve and free Qwert5® completely from any liability, responsibility and penalty.
LIMITATION OF LIABILITY.
Except as expressly provided in these Terms, in no event shall Qwert5®, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses, lost earnings or damages resulting from lost data, lost employment opportunity or business interruption arising out of or related to Qwert5®, any information received from Qwert5®, any email distributed to any User from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if Qwert5®, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall Qwert5®, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or Material posted, transmitted, exchanged or received by or on behalf of any User or other person or entity on or through the Websites etc.
Without limiting the foregoing, under no circumstances shall Qwert5® or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Qwert5®'S MAXIMUM LIABILITY ARISING OUT OF USE OF OR IN CONNECTION WITH ANY Qwert5® SITE OR YOUR USE OF THE Qwert5® MATERIAL, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED US$1.00.
LINKS TO OTHER SITES.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Qwert5® Site.
Qwert5® makes no claims or representations that the Qwert5® Material may be lawfully viewed or accessed outside of the United States. Access to the Qwert5® Material may not be legal by certain persons or in certain countries. If You access any Qwert5® Site, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Qwert5® Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list. By downloading and using such software, You also represent and warrant that the purpose for downloading is not for circumventing any applicable laws and restrictions and that You will make every effort to prevent any circumvention of any applicable laws. Should any breach of any applicable laws occur at any time during or after the download, You represent and warrant that You are solely responsible for such breach and indemnify Qwert5® for any claims explicit or implicit, direct or consequential, monetary or any other kind.
Quotations, graphics which are part of the decoration of the Qwert5® website are not in any manner intended to imply directly or indirectly, explicitly or implicitly any commitment by Qwert5® or the owners of Qwert5®.
Some More Terms.
Certain areas of the Qwert5® Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
Term and Termination.
These Terms will remain in full force and effect while You are a User of any Qwert5® Site. Qwert5® reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Material from the Qwert5® Sites and immediate termination of Your registration with your ability to access the Qwert5® Sites and / or any other services provided to You by Qwert5®, upon any breach by You of these Terms or if Qwert5® is unable to verify or authenticate any information You submit to a Qwert5® Site registration. Even after You are no longer a User of the Qwert5® Sites, provisions of these Terms will remain in effect.
Qwert5®.com has implemented and follows industry standard measures to protect against unauthorized access to and unlawful interception or processing of Personal Information. Unfortunately, no data transmission over the Internet is 100% secure. While we strive to protect Your Personal Information, we cannot ensure nor do we imply any warranty for the security of any such Personal Information.
Other Web sites
The Qwert5® Site and Services allows its users access to other websites through the Qwert5® Website and may also contain links to other websites. Please note that when you voluntarily go to another, non-Qwert5® website, or You click on one of these abovementioned links, You are entering another website over which Qwert5®.com has no control and towards which Qwert5® bears no responsibility whatsoever. Often these websites require You to enter Your Personal Information. We encourage You to read the privacy statements on all such websites as their policies may differ from ours.
Internet Protocol Address
Like other websites, Qwert5® also collects Internet Protocol ("IP") addresses from all visitors to the Website. An IP address is a number that is automatically assigned to Your computer when You use the Internet. The IP addresses are used to help diagnose problems with our server, administer our Website, analyze trends, track users' movement, gather broad demographic information for aggregate use in order for us to improve the Website, and deliver customized, personalized Material.
We may disclose Your Personal Information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal process served on Qwert5®.com.
As such, we cannot ensure that Your Personal Information will not be disclosed to third parties. For example, we may be legally obligated to disclose information to the government or third parties under certain circumstances, or third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications.
Disclaimer and Limitation of Liability.
Qwert5® expressly disclaims all warranties, express or implied, including without limitation any warranty that the email address that has been provided to Qwert5® is valid, that the email message sent by Qwert5® at Your request will be sent or will reach the intended recipient-whether in time or late, that the intended recipient of the email message will read the message, that the intended recipient of Your message will act upon the message. Qwert5® expressly disclaims all other warranties including without limitation for non-infringement, merchantability, and fitness for any purpose.
You shall indemnify, hold harmless and defend Qwert5® and its Website and services, its agents, affiliates, and licensors from any third party claim or liability (including without limitation, any legal fees) arising out of any contact You have with the intended email recipient and agree to assume all responsibility for any and all penalties arising thereof as well as any and all expenses including without limitation, all attorney's fees and costs, arising out of the proceedings
The Agreement must be construed as if both parties jointly wrote it, governed by California law. Privacy Reminder
Protect Your personal information by never providing social security, credit card or bank account numbers to prospective employers.
Qwert5® strongly encourages You to protect Your personal information by never providing social security, credit card or bank account numbers to prospective employers.
Qwert5® is not responsible for the data use practices of ad networks, other parties with whom we work to provide You personalized services, or those who access Your information on our sites or applications.
"Personal Information" means information that would allow a third party to learn Your identity or contact You, including, for example, Your full name, address, telephone number, or email address.
Disclosure of Personal Information
We do not sell or rent Your Personal Information to third parties for the purposes of marketing the products or services provided by those third parties to You. We use other third parties to provide Web analytics on our site. When You sign up for Qwert5®.com, we will share aggregate click data as necessary for the third party to provide that service. Although we may disclose aggregated information about the use of our Website, that information does not contain Personal Information. We may share Personal Information with our contractors and service providers solely for the purpose of maintaining, enhancing, or adding to the functionality of the Website. In the case of criminal investigations, including but not limited to fraud or alleged illegal activity, we may share Your Personal Information with law enforcement, government, and/or credit card issuing banks.
In accordance with California Civil Code Section 1798.83, we will not provide Your Personal Information without Your electronic or written consent to third parties for their marketing purposes. California residents may request further information about our compliance with this law by emailing CaliforniaPrivacy@Qwert5®.com. Please note that we are only required to respond to one request per customer per year and we are not required to respond to requests made by means other than through this email address.
As Qwert5®.com continues to develop its business, Qwert5®.com might sell or buy lines of business or assets. If all or any of Qwert5®.com's business (or a line of business) or assets (or the assets of a line of Qwert5®.com's business) are acquired by a third party, Personal Information of Qwert5®.com users could be one of the transferred business assets. We reserve the right to include Your collected Personal Information and other information we collect as described herein as an asset in any such transfer to a third party.
Information We Collect and How We Use That Information
We use the information we collect about You to deliver the products and services we offer, respond to You, and operate and improve our sites and applications. Our services include showing You personalized content and advertising on Qwert5® or other sites with which we have a business relationship. We may use Your information to contact You about Qwert5® updates, conduct surveys, or to provide informational and service-related communications, including important security updates.
Information You share in public areas of Qwert5® may be accessed, used, and stored by others around the world. We strive to provide a safe, secure environment by attempting to limit access to our database to legitimate users, but we cannot guarantee that unauthorized parties will not gain access. We also cannot control how authorized users store or transfer information You give to us, so YOU SHOULD NOT POST SENSITIVE INFORMATION TO Qwert5®. This includes but is not limited to Social Security Number, National Identification Number/s, Credit / Debit Card Numbers, Bank Account Details etc.
Our basic registration forms require Users to provide contact information, including name, email address, street address, zip code, and income information. We use this information to contact You about the services on our Website in which You have expressed interest or about enhancements or changes to the Website.
When You post a résumé or create a profile, by default, no information posted will be visible and available for download to any entity other than Yourself.
How we store Your information
We store Your information to make Your interaction with Qwert5® more efficient, practical, and relevant. You may review, update, or delete the personal information You share with us at any time by accessing Your account. When You delete Your personal information, we will retain logs and non-personal information about You along with an archival copy of Your information, which is not accessible by You or third parties on the Internet. If Your personal information was previously accessed by others using Qwert5®, we are unable to delete the information from their systems.
You may also turn off cookies. This will adversely affect Your use of Qwert5®.
For the jobseeker, Qwert5®'s services are free.
You may have heard that advertising and sales of lists allow many sites to offer services without charge to users. We do sell advertising space on our site as well, but we do NOT share Your personally identifiable information with any non-Qwert5® entity unless You give us Your consent.
About Ads Served by Third Parties
Qwert5® allows third-parties to show You ads on Qwert5®. These companies can view, edit or set their own cookies and may use demographic, geographic, and behavioral information to show You targeted ads. To determine which targeted ads You see, we use third-party services to manage the behavioral, demographic, geographic and personal information we collect or infer about You.
Qwert5® does not provide any individually identifiable personal information to the third party advertisers on our site unless You choose to allow it. Qwert5® has no control over, and is not responsible for, the practices of those third party advertisers. Qwert5® encourages You to visit their web sites and review their privacy policies.
Opt out of Third Party Targeted Ads
You can opt out of targeted advertising by third parties by setting Your browser to decline third party cookies. You can also delete the advertiser's cookie each time You get it.
Some advertisers offer a way to opt out of their targeted advertising. You can find this information in the privacy section of the advertiser's website.
Many of these ad networks and third parties are members of the Network Advertising Initiative. You can opt-out of targeted advertising by all NAI members by visiting the NAI site.
If You delete Your cookies You will need to opt out again. If You opt out of targeted advertising by third parties, You will still see ads on Qwert5®, but they will be not be targeted to Your interests and may be less relevant.
Please note cookies are specific to Your browser and computer. If You change browsers or computers, Your settings will not carry over.
Pop up windows
The Qwert5® JAMS requires pop-up windows. Please set Your browser's settings to allow https://www.Qwert5.com to open pop-up windows. You can allow specific websites to open pop-up windows while barring all other such windows. These pop-up windows are not for advertising but for efficient and effective use of Qwert5® functions.
What Are Cookies?
A cookie is a text file stored on Your computer. Cookies store bits of information that we use to help make our Site work. They can't run any code and don't contain viruses. No one can read our cookies except us.
Types of Cookies We Use
These cookies allow us to protect and restrict access to Your account.
These cookies are used to store Your preferences like language choice and display of job search results.
We track site traffic patterns so we can identify popular site content and potential site problems.
We track Your navigation within the Qwert5® site so that when You return to the same page, if You so wish, You are able to continue where You left off when exiting that page.
We use non-identifiable information about You to show You advertising on our site.
Your Choices Regarding Cookies
You can choose to have Your computer warn You each time a cookie is being set, or You can choose to turn off all cookies. You do this through Your browser settings. Each browser is a little different, so look at Your browser's Help menu to learn the correct way to modify Your cookies. If You turn cookies off, You won't have access to many features that make Your experience more efficient and some of our services will not function properly.
Instructions For Managing Cookies
Note: The following is provided only as a guidance - Please visit the website of the providers of Your browser to learn more on how to manage cookies.
If You have a different browser type or version, please refer to Your browser's "Help" menu.
Internet Explorer 7, 8, and 9
1. Click on the Tools menu, and then select Internet Options.
2. Click on the Privacy tab.
3. Move the slider to choose Your preferred settings.
4. For more specialized cookie settings, click on Sites or Advanced.
1. Click on the Chrome menu, and then select Settings.
2. Click Show advanced settings.
3. Click on Content settings to choose Your preferred settings.
Mozilla Firefox 14, 15, and 16
1. Click on the Firefox button (or Tools menu), and then select Options. For Mac OS X users, click on the Firefox menu, and then select Preferences.
2. Click on the Privacy panel to choose Your preferred settings.
3. For more specialized cookie settings, set Firefox will: to Use custom settings for history.
Safari 5.1 and Later (Mac OS X)
1. Click on the Safari menu, and then select Preferences.
2. Click on the Privacy tab to display cookie settings.
3. Choose Your preferred settings.
4. For more specialized cookie settings, click on Details.
Privacy in Qwert5® JAMS and Qwert5® KIM.
A Unique service provided by Qwert5® is the Qwert5® JAMS.
The Search Utility includes all functions related to searching for jobs through the Qwert5® Website. We anonymously collect details of links that You click to determine the relative popularity of individual links for the sole purpose of aggregation. Identifiable details like name, email address, address, telephone number etc. are not collected by Qwert5®when You click a link on Qwert5®.
The Search Utility involves You, the User, selecting a non-Qwert5® job listing site and the subsequent connection to that site through Qwert5®. Such User-selected, non-Qwert5® websites and page are beyond the control of Qwert5®.com. Your continued access of those websites, even though You have clicked them through Qwert5®.com, does, in no manner implicit or explicit, make Qwert5®.com liable at any time for any claims whatsoever. You assume all risks due to the use of such websites accessed through links on Qwert5®.com. Terms and conditions related to Privacy of these websites which are beyond the control of Qwert5® may be different from Qwert5®'s Terms and Conditions related to Privacy and You will be subject to those websites' Terms and Conditions related to Privacy.
A significant portion of Qwert5®'s services includes the Application Tracker (under the service JAMS®) in which You enter details of applications which You have submitted to job postings. No part of the Application Tracker including details of applications that You have entered into the Application Tracker will be shared with any other entity than You.
If Your Personal Information changes, or if You wish to cancel Your account, You may correct, update, or deactivate it by making the change on our member information page or by emailing our Customer Support at help@Qwert5.com.
We will retain and use Your information as set forth herein and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.