Terms of Use and Privacy Policy
1. Acceptance
Welcome to the Qwest Resource Center, an online small business resource website, sponsored by Qwest ("Qwest"). By using and/or visiting this website (the "Website"), you accept and agree to be bound by the following terms and conditions (the "Terms of Use"). If you do not agree to any of these terms, then please do not use the Website. Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries. These Terms of Use apply solely to your access to, and use of, the Website and the features and services accessed through the Website. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Qwest, or its subsidiaries or affiliates, for products, services or otherwise.
2. Website
These Terms of Use apply to all users of the Website, including users who are also contributors of video, audio, text, graphics, photos, profiles, data, information, comments, messages, communications, reviews, links and other content and materials (the "Materials") or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by Qwest. Qwest has no control over, and assumes no responsibility for, the content, quality, safety, privacy policies, or practices of any third-party websites or of any products or services available on or through such third-party websites. In addition, Qwest will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Qwest from any and all liability arising from your use of any third-party website. Accordingly, Qwest encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
You understand that when using the Website, you will be exposed to Materials from a variety of sources, and that Qwest is not responsible or liable for such Materials or the quality, accuracy, usefulness, safety, legality, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, false, misleading, offensive, profane, indecent, harmful or objectionable.
You also understand that Qwest has no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Website through which users can supply information or material. However, Qwest reserves the right at all times to monitor such areas and to disclose any information Qwest believes necessary to satisfy any law, regulation or governmental request, and to refuse to post or to remove any information or materials, in whole or in part, at our sole discretion, including without limitation information or materials that we believe are objectionable or in violation of these Terms of Use. Qwest also reserves the right to deny access to the Website or any features of the Website to anyone in our sole discretion, including without limitation anyone who violates these Terms of Use or who, in Qwest's sole judgment, interferes with the ability of others to enjoy the Website or infringes the rights of others.
Qwest may run advertisements and promotions from third parties on the Website or may otherwise provide information about third-party products and services on the Website, and users may from time to time mention, suggest, recommend, promote or otherwise provide information regarding their own or a third-party's products, services or promotions on the Website (collectively, the "Non-Qwest Products and Services"). Qwest does not screen, approve, endorse or recommend any such Non-Qwest Products and Services or the providers thereof, and your business dealings, correspondence or interactions with, or participation in promotions of, users and third parties, and any terms, conditions, warranties or representations or liability associated with such dealings, interactions, correspondence, promotions, products or services are solely between you and such user or third party. Qwest is not responsible or liable for any loss, harm or damage of any sort incurred as the result of any such dealings, interactions, communications, promotions, or Non-Qwest Products and Services or for the conduct of users or third parties.
Your use of the Website is at your own risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Qwest with respect to the Website and your use thereof, and to any Materials, Non-Qwest Products or Services or third-party websites you find on the Website. You agree to indemnify and hold Qwest, its owners/operators, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses regarding your use of the Website or any Materials, Non-Qwest Products or Services or third-party websites.
3. Changes to the Website including Terms of Use
Qwest reserves the right to modify or terminate the Website or any features or portion thereof for any reason, and without notice, without liability to you, any other Member (as defined below) or any third party. Qwest also reserves the right to modify these Terms of Use from time to time. Qwest will post the revised Terms of Use on the Website with the date of last revision indicated at the top. You agree that such posting shall constitute sufficient notice of any modifications thereto, and you hereby waive any right you may have to receive individual notice of such modifications. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes. Your use of the Website following any modification in these Terms of Use will signify your assent to and acceptance of its modified terms.
4. Website Access
Qwest grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use. Qwest may limit your access to certain Materials or areas of the Website depending on your geographic location or other factors determined by Qwest in its sole discretion.
In order to access some features of the Website, you may need to create an account. You may never use another's account without permission. You must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be solely responsible for all activities occurring under your username and for keeping your password secure. Qwest may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You must notify the Website immediately of any breach of security or unauthorized use of your account. Although Qwest will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Qwest or others due to such unauthorized use.
5. Ability to Accept Terms of Use
You affirm that you are more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are less than 18 years of age, your parent or legal guardian must consent to your use of this Website and accept these Terms of Use on your behalf; if they do not, you may not use this Website.
6. Submissions to the Website
The Website permits the submission of Materials submitted by you and other users and the hosting, sharing, and/or publishing of such Materials. Qwest may, but is not required to, host, share or publish such Materials as Qwest sees fit in its sole discretion, and any Materials hosted, shared or published on the Website may be removed by Qwest in its sole discretion at any time without notice to you. You understand that whether or not such Materials are published, Qwest does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your conduct and any Materials that you submit, post or display on the Website. In connection with the Materials, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and post and authorize the Website to use and post such Materials to the Website, including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Materials to enable inclusion and use of the Materials in the manner contemplated by the Website and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Materials (or their parents or legal guardians, if such persons are minors or otherwise incapable of providing consent) to use the name, voice and likeness of each and every such identifiable individual person to enable inclusion and use of the Materials in the manner contemplated by the Website and these Terms of Use; (iii) the Materials you post on the Website are accurate and not misleading; and (iv) the Materials you post on the Website do not and will not violate these Terms of Use, any applicable law, rule or regulation, or the rights of any third party.
For clarity, you retain all of your ownership rights in your Materials. However, by submitting, posting or displaying the Materials on or through the Website, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Materials in connection with the Website and Qwest's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Materials through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of the Website and under these Terms of Use. Qwest does not endorse any Materials or any opinion, recommendation, or advice expressed therein, and Qwest expressly disclaims any and all liability in connection with the Materials.
7. Appropriate Conduct and Content
You may not use the Website for any illegal or unauthorized purpose or otherwise in violation of these Terms of Use. Without limiting the foregoing, you agree not to engage in any of the following activities in connection with the Website:
You agree to comply with all local, state and federal laws, rules and regulations regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
Qwest reserves the right to decide in its sole discretion whether certain Materials are appropriate and comply with these Terms of Use. Qwest may, but shall have no obligation, to remove any Materials in its sole discretion for any reason or for no reason.
8. Intellectual Property Rights
The content on the Website, except the Materials submitted by Members, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Qwest, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content and Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Qwest reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
9. The Digital Millennium Copyright Act ("DMCA")
Qwest has designated an agent to receive notifications of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you would like to file a DMCA notification, please complete and submit a DMCA Infringement Notification Form (http://www.qwest.com/legal/infringement.html). Subscribers who feel that a DMCA infringement notification was filed in connection with their account in error may complete and submit a DMCA Infringement Counter Notification Form (http://www.qwest.com/legal/counter.html). The completed forms will automatically be sent to the designated agent.
Qwest handles all DMCA notifications it receives in accordance with its established procedures. Given the large volume of such notifications it processes, Qwest does not respond to status inquiries made in connection with any individual notification or series of notifications.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Qwest has adopted a policy of terminating, in appropriate circumstances and at Qwest's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Qwest may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Privacy Policy; Registration and Account Data
Please refer to our Privacy Policy [http://www.qwest.com/privacy/index.html] for information on how Qwest collects, uses and discloses personally identifiable information from its users.
You may need a username and password to use certain features of the Website, which you will receive through the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
11. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT THE WEBSITE AND ANY WEBSITE FEATURES OR SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, QWEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF OR ANY CONTENT, MATERIALS OR NON-QWEST PRODUCTS AND SERVICES ACCESSED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, QWEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR MATERIALS OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS. MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. QWEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY NON-QWEST PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR ANY WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QWEST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF NON-QWEST PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
12. Indemnity
You agree to defend, indemnify and hold harmless Qwest, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website including any Content, Materials and Non-Qwest Products and Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Materials or any products or services you mention or offer through the Website or to any user of the Website caused damage to or violated the rights of a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
13. Limitation of Liability
IN NO EVENT SHALL QWEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, MATERIALS OR NON-QWEST PRODUCTS AND SERVICES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY CONTENT, MATERIALS OR NON-QWEST PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS OR NON-QWEST PRODUCTS OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, MATERIALS OR NON-QWEST PRODUCTS AND SERVICES POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QWEST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT QWEST SHALL NOT BE LIABLE FOR MATERIALS OR CONTENT OR THE DEFAMATORY, OFFENSIVE, HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AND QWEST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL QWEST BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
The Website is controlled and offered by Qwest from its facilities in the United States of America. Qwest makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Term and Termination
These Terms of Use will apply to your use of the Website. At any time, you can terminate your account which will remove your profile and other personal information from view. To terminate your account, send an email with "Cancel My Profile" in the subject line and your username in the body of the e-mail to cancel@itsnotmybusiness.com. Qwest may terminate your membership immediately at any time, for any reason or for no reason. Once your membership terminates, you will have no right to use the Website and you agree to stop all use of the Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
15. Notices
Qwest may provide you with notices regarding the Website or these Terms of Use by regular mail, e-mail, or postings to this Website.
16. Choice of Law
You agree that: (i) the Website shall be deemed solely based in Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Qwest, either specific or general, in jurisdictions other than Colorado. These Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the City of Denver, Colorado.
17. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Qwest without restriction.
18. General
Without limiting the foregoing, under no circumstances shall Qwest 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, explosions, acts of God, war, 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.
Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Qwest's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Back to previous page