Welcome to www.marquantanalytics.com (the "Site"). This page ("Notice") states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and
viewers ("You," "you," "User," or "user") acknowledge acceptance of the
terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. MarQuant Analytics and its subsidiaries ("MarQuant Analytics") reserve the right to update this
Notice from time to time in its sole discretion. You should review this
Notice periodically for updates and changes.
Site and any related services are available to you, provided that you
can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.
grants you a limited, non-exclusive, non-transferable, non-assignable,
revocable license to view and temporarily download a copy of the
materials displayed on the Site solely for your personal and
non-commercial use for yourself or within your organization. All
materials displayed or made available on the Site, including, but not
limited to, graphics, documents, text, images, sound, video, audio,
artwork, software, and HTML code (collectively, the "Material") are
exclusive property of MarQuant Analytics or its content suppliers. The Materials are
protected by U.S. and international copyright laws and any other
applicable intellectual property rules, regulations, and laws. Except
as expressly permitted herein, you shall not (i) use, copy, modify,
display, delete, distribute, download, store, reproduce, transmit,
publish, sell, re-sell, adapt, reverse engineer, or create derivative
works of the Material, or (ii) use the Material on other web sites or
any media, e.g., networking environment, without MarQuant Analytics's prior written
trademarks, service marks, and logos (the "Marks") displayed on the
Site are exclusive property of MarQuant Analytics and their respective owners. You
shall not use the Marks in any manner without MarQuant Analytics's and their
respective owners' prior written consent.
4. USER SUBMISSIONS.
Site provides a forum for you to obtain employment and career
information. By submitting or entering your information to the Site
("Submitted Material"), you agree that you grant MarQuant Analytics a perpetual,
non-exclusive, irrevocable, royalty free, worldwide license and right,
but not the obligation, to use, copy, modify, display, distribute,
download, store, reproduce, transmit, publish, transfer, adapt, create
derivative works in any manner, in entirety or a portion of, of your
Submitted Material, and by any means, forever and worldwide.
acknowledge and accept that MarQuant Analytics is only a passive forum for users to
obtain employment and career information. MarQuant Analytics does not screen or
monitor any Submitted Materials. MarQuant Analytics, therefore, makes no
representation regarding the reliability, accuracy, completeness,
validity, or truthfulness of any Submitted Materials. MarQuant Analytics reserves the
right, in its sole discretion, to delete, remove, refuse to display, or
block any Submitted Materials that MarQuant Analytics considers to be unacceptable.
In the event MarQuant Analytics receives notification regarding any unacceptable
Submitted Materials, MarQuant Analytics may investigate such materials, in its sole
acknowledge and agree that MarQuant Analytics may retain copies of your Submitted
Materials and disclose your Submitted Materials to a third party if
MarQuant Analytics believes that it is necessary to: (i) protect the integrity of the
Site; (ii) protect rights of MarQuant Analytics; (iii) comply with any court order;
(iv) comply with any legal proceedings; (v) assert MarQuant Analytics's claim under
this Notice; and (vi) satisfy any claims regarding violations of third
5. GENERAL PROHIBITION.
In connection with your Use, you agree NOT to:
any local, state, and federal rules, regulations and statutes,
including, but not limited to, U.S. export laws and regulations,
anti-discrimination, or equal opportunity employment laws;
any intellectual property and privacy rights, including, but not
limited to, patent, copyright, trademark, or trade secrets, of any
||upload, post, transmit, or store any material that:
unlawful, offensive, defamatory, fraudulent, deceptive, misleading,
harmful, threatening, harassing, obscene, or objectionable;
- breaches any of your contractual or confidentiality obligations;
or interferes with the normal operations of the Site, such as posting
or transmitting viruses, continuous posting of repetitive materials, or
posting abnormally large load; or
not permitted by MarQuant Analytics, including, but not limited to, any unauthorized
advertising materials, unsolicited promotional materials, "junk mail,"
"spam mail," "chain letters," pyramid schemes, franchises,
distributorship, club membership, sales arrangement, or otherwise
other's privacy rights or personal rights by abusing the Materials,
including, but not limited to, harassing or "stalking" another person,
sending unsolicited e-mails, and collecting other's personal
breach or attempt to breach any security measures of the Site;
any device, process, or mechanism to monitor, retrieve, search, or
access, e.g., spider or robot, the Site or any Material without MarQuant Analytics's
prior written consent;
access or attempt to access any account or login of any third party listed on the Site;
modify, reproduce, delete, distribute, download, store, transmit, sell,
re-sell, publish, reverse engineer, or create derivative works of any
Materials, except for materials that have been submitted and owned by
or submit any inaccurate, false, or incomplete information, such as
your resume, biographical data, or employment information;
impersonate any person or entity;
forge any header information in any electronic posting or mail; or
misrepresent yourself, your affiliation with any third party, or your entity.
6. SPECIFIC USAGE AND RESPONSIBILITIES.
In addition to the general responsibilities listed in Section 5, you agree to comply with the following terms.
You further agree to:
||use the Site only for lawful purposes in searching for employment opportunities and career information;
||provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
||post materials for which you have all the necessary rights or licenses;
your own judgment, caution, and common sense in managing job
opportunities and information offered by or obtained from the Site; and
||bear the risks of any reliance or use of any Materials or any information provided by any third party.
7. ACCOUNT AND PASSWORD.
Site may present you with opportunities to open an account with the
Site. If you open an account with the Site, you will receive an account
logon and an initial password. It is your sole responsibility to (a)
maintain the confidentiality of your account logon and password; (b)
frequently update and revise your password; and (c) promptly notify
MarQuant Analytics if there is any unauthorized use of your account or any breach of
understand and agree that MarQuant Analytics (a) does not warrant that you will
receive any employment or job offers through the Site; (b) shall not be
responsible for any employment offers, employment screenings,
employment decisions, and actual employment presented by third parties;
(c) does not guarantee the accuracy, completeness, validity, or
timeliness of information listed by any third parties; (d) shall not be
responsible for any materials posted by third parties, including, but
not limited to, job openings and employment listings; and (e) is
neither your employer nor your agent in any regard. You shall use your
own judgment, caution, and common sense in evaluating any prospective
employers and any information provided by any third party.
9. LINKS TO THIRD PARTY.
Site may have links, such as hyperlinks or buttons, directing access to
third party's web sites ("Linked Sites"). The Linked Sites may not be
controlled or monitored by MarQuant Analytics. MarQuant Analytics shall not be responsible for any
materials, information, or content posted on the Linked Sites. The
inclusion of the Linked Sites on the Site does not imply any
relationship or association between MarQuant Analytics and the owner of the Linked
Sites or any endorsement or sponsorship by MarQuant Analytics of the Linked Sites.
MarQuant Analytics includes the Linked Sites solely for your convenience. You are
solely responsible for your access of the Linked Sites. You shall use
your own judgement, caution, and common sense in using the Linked Sites.
agree to indemnify, defend, and hold MarQuant Analytics, its parents, subsidiaries,
affiliates, officers, directors, agents, employees, harmless from any
claims or demands of any third party, including, but not limited to,
attorneys' fees and legal fees, resulting from or arising out of your
Use of the Site, your Submitted Materials, or your violation of any
terms and conditions of this Notice.
ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR
RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS
PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) MARQUANT ANALYTICS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR
WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR
USAGE. (C) MARQUANT ANALYTICS EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE
AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL
BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND
AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND
(V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS
OF ANY SUBMITTED MATERIALS.
13. LIABILITY AND LIMITATIONS OF LIABILITY.
AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING
FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT
NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY
DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR
FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER
AGREE TO RELEASE MARQUANT ANALYTICS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES
(DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR
UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE
OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR
RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT MARQUANT ANALYTICS, ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE,
DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF MARQUANT ANALYTICS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE
LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, MARQUANT ANALYTICS'
AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
has the right, in its sole discretion, to terminate any services of the
Site and remove any Materials from the Site. Marquant Analytics may also terminate
your access to any part or all of the services provided by Marquant Analytics on the
Site at any time, with or without cause or notice, for any reasons. If
you want to terminate your account, you may only cease your Use of the
Site. Marquant Analytics shall not be responsible for maintaining or returning your
Submitted Materials, your account, or your logon and password. You
should always maintain a copy of your Submitted Materials.
agree that there is no employment, partnership, agency, or joint
venture relationship between you and Marquant Analytics arising out of or resulting
from your Use of the Site. This Notice constitutes the entire agreement
between you and Marquant Analytics governing your Use of the Site and is additional
to any binding agreement between you and Marquant Analytics. This Notice is governed
by the laws of the State of California, United States of America,
without giving effect to any principles of conflict of laws. Marquant Analytics does
not warrant that this Site will be lawful outside the United States. If
you view, access, submit, or download materials to and from the Site
outside the United States, you will be solely responsible for all your
actions and assume all risks. You may not use or export any Materials
or make any copy or adaptation in violation of any application laws,
rules, or regulations, including, but not limited to, U.S. export laws
and regulations. The failure or delay by either party to enforce the
terms of this Notice shall not be deemed as a waiver of such term.
Sections 4, 5, 6, 7, 9, 10, 12, 13, 14, and 15 shall survive any
termination of this Notice for any reasons.
Last updated: January 1, 2007.
Help Desk - If you need more information regarding the Site or this
Notice, please contact:
499 North Canon Drive, 4th Floor
Beverly Hills, CA 90210
Telephone: (310) 471-8979
Fax: (310) 471-6533
© 2006 Marquant Analytics All rights reserved.