Terms of Service
Please read this Agreement carefully before accessing or using the Web Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web Service or use any services. If these terms and conditions are considered an offer by Qualified, acceptance is expressly limited to these terms. The Web Service is available only to individuals who are at least 13 years old.
Qualified offers a Web Service to Customers that provides them technical skill assessments that they can send to Engineers to help determine their programming skills. The Web Service assists Customers in qualifying Engineers’ skill level with programming languages by providing them Assessments that test Engineers’ code and provides the Customer with an Assessment Report.
Qualified makes no warranties as to the efficacy of the service. Customers agree to provide only truthful and correct information for the purposes of enabling the service to work effectively. Similarly Customers understand that the service only effectively works if the Customers’ Engineer(s) complete and submit their Assessment(s), if they don’t Qualified will not have the necessary information to evaluate and provide a full Assessment Report. Customers realize that the Assessment Report is only as accurate as the Engineers’ correct and appropriate submission of the Assessment. Customers also agree that while they may use these skill assessments for evaluating Engineers’ programming skill, the evaluation and hiring of a Engineer is still entirely their responsibility, and they take full responsibility for any and all ensuing results.
In purchasing any number of Assessment Uses from Qualified you are ensuring that you are the rightful holder of the credit card used for payment and are legally allowed to make the purchase. Assessments are non-refundable and are only redeemable for use with one Engineer each, entitling the User to an Assessment Report, given the Engineer completes and submits the Assessment. It is the Customers responsibility to ensure that the Engineer submits the Assessment and does so in a correct and appropriate manner. Qualified processes payments through a secure third-party API (Stripe) and does not store Customers sensitive financial information.
If you create an account on the Web Service, you are responsible for maintaining the security of your account and your Customer content (“Content”), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Qualified of any unauthorized uses of your account or any other breaches of security. Qualified will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, Qualified has the right (though not the obligation) to, in Qualified’s sole discretion (i) refuse or remove any content that, in Qualified’s reasonable opinion, violates any Qualified policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Qualified’s sole discretion. Qualified will have no obligation to provide a refund of any amounts previously paid.
This Agreement does not transfer from Qualified to you any Qualified or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Qualified. Qualified, the Qualified logo, and all other trademarks, service marks, graphics and logos used in connection with Qualified, or the Web Service are trademarks or registered trademarks of Qualified or Qualified's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web Service may be the trademarks of other third parties. Your use of the Web Service grants you no right or license to reproduce or otherwise use any Qualified or third-party trademarks.
You hereby grant to Qualified and its owners, affiliates, representatives, licensors, and assigns a non-exclusive perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, sublicense, distribute, and otherwise use and reuse all or any part of your Customer content (“Content”), in Source or Object form, with or without modification (“Content License”). You warrant, represent and agree you have the right to grant Qualified and the Website the rights set forth above. We reserve the right to display advertisements in connection with Your Content. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit your Content, and may remove or delete all or any portion of Your Content from the Website at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to your Content or, alternatively you have the right to give us the license described above. You represent, warrant and agree that you will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) violates any law or right of any third party, (e) is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Qualified reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Qualified may also, in the future, offer new services and/or features through the Web Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Qualified may terminate your access to all or any part of the Web Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Qualified account (if you have one), you may simply discontinue using the Web Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligation under this Agreement to any other party at our discretion.
Disclaimer of Warranties
The Web Service is provided “as is”. Qualified and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Qualified nor its suppliers and licensors, makes any warranty that the Web Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you interact with, or otherwise obtain services through, the Web Service at your own discretion and risk.
Limitation of Liability
In no event will Qualified, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Qualified under this agreement during the twelve (12) month period prior to the cause of action. Qualified shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Qualified, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Web Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Qualified and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Qualified, or by the posting by Qualified of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web Service will be governed by the laws of the state of California, U.S.A.
As Qualified asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Qualified violates your copyright, you are encouraged to notify Qualified. Qualified will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Qualified or others, Qualified may, in its discretion, terminate or deny access to and use of the Web Service. In the case of such termination, Qualified will have no obligation to provide a refund of any amounts previously paid to Qualified. The form of notice set forth below is consistent with the form suggested by the United States Digital Millennium Copyright Act ("DMCA") which may be found at the U.S. Copyright official Web Service: http://www.copyright.gov.
To expedite Qualified’s handling of your notice, please use the following format or refer to Section 512(c)(3) of the Copyright Act: (1) Identify in sufficient detail the copyrighted work you believe has been infringed upon. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your copyright (URL of a Web Service or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it; (2) Identify the material that you allege is infringing upon the copyrighted work listed in Item #1 above. Include the name of the concerned litigious material (all images or posts if relevant) with its complete reference; (3) Provide information on which Qualified may contact you, including your email address, name, telephone number and physical address; (4) Provide the address, if available, to allow Qualified to notify the owner/administrator of the allegedly infringing webpage or other content, including email address; (5) Also include a statement of the following: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.”; (6) Also include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”; (7) Your physical or electronic signature. Send the written notification via email notification to [email protected], with subject line: DMCA takedown.