Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS AND CONDITIONS”) BEFORE USING THE TRICOMQUEST.COM WEB SITE (“SITE”) OR SIGNING UP FOR THE TRICOM QUEST JOB PLACEMENT SERVICE (“SERVICE”). By continuing to access or use the Site or the Service, you signify your acceptance of the Terms and Conditions. From time to time, TriCom Quest (“the Company”) may modify the Terms and Conditions. Accordingly, please continue to review the Terms and Conditions whenever accessing or using the Site or the Service. Your use of the Site or the Service, after the posting of modifications to the Terms and Conditions, will constitute your acceptance of the Terms and Conditions, as modified. If at any time you do not wish to accept the Terms and Conditions, you may not use the Site or sign up for the Service. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms and Conditions are expressly rejected by the Company and shall be of no force or effect.

  1. USER ASSENT TO TERMS AND CONDITIONS OF SERVICE. By signing up for the Service as either a job seeker or an employer, you represent that you have read and agree to be bound by the Terms and Conditions. The information and services provided by the Company and its suppliers subjects you to the terms and conditions as follows:
  2. USE OF YOUR INFORMATION. You are joining a network of job seekers and hiring organizations, and providing information on your background and experience that may be shared with potential employers. By signing up for the Service as a job seeker, you hereby agree to allow the Company to make your personal information available to hiring organizations that may have an interest in you as a job candidate, and may use it in their internal or external studies or reports on job seekers, employment trends, or other career-related topics. Similarly, by signing up for the Service as an employer, you hereby agree to allow the Company to make your personal information available to job seekers that may have an interest in you or your company as a potential employer. For complete information on how we use the information you provide to the Company, please refer to our Privacy Policy, which can be accessed through the following link: Privay Policy.
  3. TRANSMISSIONS TO EMPLOYERS. The Company may present your profile, resume, and other information you provide about yourself to the Company via the Internet, mail, telephone or in-person, to potential employers. The Company may, but is under no obligation to, independently verify the information you provide prior to transmitting it to employers. The Company may also post your resume and profile to the Company’s searchable database for employers. The Company does not guarantee job placement or any other specific results from the Service. Employers, not the Company, ultimately make all employment decisions.
  4. USER CONTENT POSTED ON THE SITE. The Company does not claim any ownership rights in your resume, profile, or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Site or otherwise submit to the Company (collectively the “User Content”). You are solely responsible for the User Content that you post on or through the Site or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any User Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Users or others.
    By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

    You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire.
  5. USER CONDUCT. You understand that the Site and the Service are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of users from the Site by electronic or other means for purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. You also agree not to post any information to the Site that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.

    In addition, you agree not to use the Site to:
    • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your experience, background, or qualifications, or your affiliation with any person or entity;
    • 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, worms, “Trojan Horses,” 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;
    • Intimidate or harass or advocate harassment of another;
    • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site;
    • Exploit people in a sexual or violent manner;
    • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
    • Solicit personal information from anyone under 18 years of age;
    • Provide any telephone numbers, street addresses, URLs or email addresses;
    • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
    • Promote an illegal or unauthorized copy of another party’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or unauthorized/illegal file sharing.
    • Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
    • Use sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to your profile; or Solicit money from others.
  6. LICENSE TO USE SITE. Subject to your performance of all of the provisions of this Agreement, the Company hereby grants you a limited, terminable, personal, non-exclusive license to access and use the Site solely as provided herein. You may use the Site only to utilize the Company’s services and communicate with the Company. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Site is not transferable.
  7. RESTRICTIONS. None of the material relative to the Site may be downloaded, distributed, reproduced, republished, incorporated into any information retrieval system, posted, transmitted or copied in any form or by any means, without the prior written permission of the Company and/or the copyright owner.
  8. ADDITIONAL USER REPRESENTATIONS. By using the Site, you represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) are only providing information that is accurate and truthful to the best of your knowledge; (iii) shall not use any rights granted hereunder for any unlawful purpose; (iv) shall use the Site only as set forth in these Terms and Conditions; and (v) are thirteen years of age or older to register on or use the Site. If you are under the age of 13, you are not allowed to register on the Site or utilize the Service.
  9. DISCLAIMER. The Company cannot guarantee and does not promise any specific results from use of the Service or the Site. The Company is not liable for any negative employment decisions. No advice or information, whether oral or written, obtained by anyone from the Company or through or from the Site shall create any warranty not expressly stated herein. The Company makes no representation, warranty or guarantee regarding any candidates, the quality, nature, safety or legality of the jobs or resumes 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. The Company is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, or by any of the equipment or programming associated with or utilized in the Site. The Company is not responsible for the conduct, whether online or offline, of any user or employer. Use of the Site is at your sole risk and neither the Company nor any of its suppliers, employees or agents warrant that the Site will be uninterrupted or error free, or that errors will be corrected. THE SITE AND THE COMPANY’S SERVICES ARE PROVIDED "AS-IS, AS-AVAILABLE" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  10. INDEMNIFICATION. You shall indemnify, defend and hold harmless the Company, its officers, directors, employees, suppliers, agents, subsidiaries, affiliates, successors and assigns (each an “Indemnitee”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of the Site, the Service, and/or any transaction or other activity that arises from or is otherwise related to the Site or the Service; and/or (c) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.
  11. LIMITATION OF LIABILITY. Neither the Company nor its suppliers have any liability or obligation to you or any other person for any claim, loss, damage or expense caused in whole or in part, directly or indirectly, by the inadequacy of any services for any purpose, by the use of any services or by any delay in the Company’s performance, or for any special, direct, indirect, incidental, consequential, exemplary or punitive damages, however caused, including without limitation, property damage, personal injury or loss of business or profit, whether or not you informed the Company of the possibility or likelihood of any such damages. Additionally, the Company shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, whether foreseeable or not, that are in any way related to this Agreement, the breach thereof, the use or inability to use the Site or the Service, the results generated from the use of the Site or the Service, loss of goodwill or profits, lost business however characterized and/or from any other cause whatsoever.
  12. MINOR USERS. IF YOU ARE A MINOR THIRTEEN (13) YEARS OF AGE OR OLDER, YOU ARE NOT ALLOWED TO REGISTER ON THIS SITE. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE MAY PROHIBIT YOU FROM USING OR ACCESSING THE SITE IF WE BELIEVE YOU ARE UNDER 13 YEARS OF AGE. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, THE COMPANY URGES YOU TO CHECK WITH YOUR PARENT OR GUARDIAN BEFORE GIVING OUT ANY PERSONAL INFORMATION, AND TO OBTAIN PERMISSION FROM A PARENT OR GUARDIAN BEFORE BUYING ANYTHING ONLINE.
  13. COMMUNICATIONS ON INTERNET; EVENTS BEYOND OUR CONTROL. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While the Company has endeavored to create a secure and reliable Site, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company cannot guarantee your ability to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can the Company provide assurances that transmissions will be completed properly. The Company is not responsible for technical problems that may hinder the efficacy of a transmission. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of users or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
  14. COPYRIGHT AND TRADEMARKS. The Site, including but not limited to text, content, photographs, video, audio, graphics, organization, design, compilation, magnetic translation, and digital conversion are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.
  15. OWNERSHIP OF MATERIALS. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site and all modifications and derivative works thereof, and all intellectual property rights related thereto.
  16. RESTRICTIONS ON USE. You agree not to use, transfer, distribute or dispose of any information contained on the Site for any commercial purpose. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others.
  17. LICENSE. You acquire no rights or licenses in or to the Site and materials contained therein other than the limited right to utilize the Site in accordance with the Terms and Conditions.
  18. DATA RIGHTS. Any and all information that we obtain from you, or from transactions processed through the Site, including your name, address, telephone number, e-mail address, resume, and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy.
  19. PASSWORD AND SECURITY. When you sign up as either a job seeker or employer, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your username and password are not transferable. You agree that we may act in reliance upon any information that you provide. Any person using a user account is conclusively deemed to have actual authority to engage in transactions in the Site.
  20. BREACH OF SECURITY MEASURES. If the Company is informed that any of your employees or agents or any other person using your password has breached a security measure that you establish or if the Company otherwise reasonably believes that your employee or agent, or a person using your password has breached a security measure that you establish or is otherwise unauthorized, the Company has the right, in its sole discretion, to restrict your access to the Site until you can establish to the Company’s satisfaction that you have addressed the cause(s) of the security breach or unauthorized use. Notwithstanding anything else to the contrary, the Company has no duty to take any action upon your notice under this Section or the Company becoming aware of a breach of a security measure or unauthorized use, and you shall solely be responsible for any such breaches and unauthorized uses regardless of any act or failure to act by the Company.
  21. TERMINATION BY THE COMPANY. The Company may terminate this Agreement at any time, for any reason, with or without notice to you. You agree that immediately upon termination of this Agreement, whether or not you receive notice of such termination, the license herein shall be immediately terminated and you shall not have any further rights to use the Site or the Service. Upon termination of the license granted hereunder, the Company’s obligations to you shall cease.
  22. AMENDMENTS. You agree that the Company may change any of the Terms and Conditions at any time. All amended terms shall automatically be effective ten days after they are initially posted on the Site. You agree that such changed Terms and Conditions will apply to any subsequent transactions with the Company.
  23. GOVERNING LAW/VENUE. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California for agreements to be performed entirely within the State of California, without regard to choice of law provisions. Both parties irrevocably submit to the jurisdiction of the state or federal courts located in Los Angeles County, California, for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction or venue of the courts in Los Angeles County, California.
  24. LINKS TO OTHER WEBSITES. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site does not imply approval or endorsement of the linked web site by us. When you access these third-party sites, you do so at your own risk.
  25. MISCELLANEOUS. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision. This Agreement, including our Privacy Policy which is incorporated by reference constitute the entire agreement between the parties regarding the subject matter hereof, and supersede all prior or contemporaneous understandings or agreements, whether oral or written regarding the subject matter hereof.