The Web Site and Application are intended solely to provide information, materials and data (the “Information”) regarding TalentQuest and delivery of its services.
Before using certain areas of the Web Site or Application (including the registration of your Account), you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
Access to the Web Site and Application
No person under the age of eighteen (18) is authorized to access or use the Web Site or Application. User access to, and use of, the Web Site and Application is subject to all applicable laws and regulations. Use of the Web Site and Application is void where prohibited. By using the Web Site and Application, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
TalentQuest grants you a limited, non-transferable right of access and use for non-commercial purposes the Web Site and Application. Such access shall enable you to use the Web Site and Application for informational purposes. This right of access shall not include any resale or commercial use of the Web Site, Application or its contents; any derivative use of the Web Site, Application or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TalentQuest or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site or Application. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site and Application. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site and Application. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site and may temporarily or permanently cease using the Web Site without notice to TalentQuest. Any use of the Web Site, Application, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site, Application or any portion thereof.
For purposes of these Terms, the term “Application” shall refer to and consist of the following: (i) the TalentQuest software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements. You acknowledge that TalentQuest may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using.
Restrictions on Your Use
All content within the Web Site and Application, and any materials made available for downloading, if any, are the property of TalentQuest and/or its affiliates or other third parties. The Web Site and Application and portions of the Web Site and Application are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site and Application that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site and Application.
To the extent applicable, when accessing the Web Site and Application, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site and Application. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site and Application. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Site and Application, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of TalentQuest or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site and Application in any way without the express written consent of TalentQuest or the express written consent of the appropriate third party, as applicable. Except as provided herein, TalentQuest does not grant to you any express or implied rights to TalentQuest or any third party’s Intellectual Property.
The Web Site and Application may provide or include links to other world wide web sites or resources. While TalentQuest attempts to provide links only to third-party Web Sites that comply with all applicable laws and regulations and TalentQuest’s standards, please understand that the content on these third-party Web Sites is subject to change without notice to TalentQuest. Because we have no control over such sites and resources, you acknowledge and agree that TalentQuest 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 TALENTQUEST 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 OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
TalentQuest prohibits caching of any portion of the Web Site and Application and any unauthorized hypertext links to the Web Site and Application. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Web Site to the Web Site and Application, you must contact TalentQuest to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
TALENTQUEST MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND APPLICATION AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE AND APPLICATION, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TALENTQUEST DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND APPLICATION AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. TALENTQUEST DOES NOT WARRANT THAT THE WEB SITE AND APPLICATION, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER TALENTQUEST, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE AND APPLICATION OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
TALENTQUEST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE AND APPLICATION OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE AND APPLICATION. IN NO EVENT SHALL TALENTQUEST BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE AND APPLICATION OR CONTENT FOUND THEREIN.
Although the Web Site and Application are accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. TalentQuest makes no representation that materials on the Web Site and Application are appropriate or available for use in other locations. Those who choose to access the Web Site and Application from other locations do so on their own initiative and are responsible for compliance with local laws.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in Atlanta, Georgia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Indemnity and Release
By using the Web Site and Application, you agree to indemnify TalentQuest and its partners, officers, employees and agents and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site and Application. By using the Web Site and Application, you are hereby agreeing to release TalentQuest and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site and Application.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and TalentQuest with respect to the Web Site and Application and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and TalentQuest with respect to the Web Site and Application. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site and Application, and any use of the Web Site or Application after such revisions have been posted signifies your consent and agreement to the modified Terms.