Please read the following Terms of Use (“Terms”) carefully. They govern your use of Stratosphere Quality, LLC’s (“Stratosphere”) SQTeamwork.com website (the “Website”). By using the Website, you acknowledge that you have read and understood all the Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website. Authorized use of the Website is limited to active employees of Stratosphere and contractor employees assigned to a Stratosphere work location. Stratosphere reserves the right to change the Terms in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Website. All changes to the Terms are effective from the date posted.
The Website is an online, interactive medium where employees may find information about their work schedules, past work history and other topics. Employees may interact Stratosphere scheduling and supervisory personnel as well as and view current work assignments. Employees may also use the Website to provide Stratosphere with current contact information and preferred work scheduling preferences that will be shared with Stratosphere schedulers, recruiters, human resources specialists and operations supervisors and managers to improve Stratosphere workforce assignment. You acknowledge and agree that you will provide accurate information through the Website. You further acknowledge and agree that the Website and the information you provide is not the sole, or primary, source of information Stratosphere will use to plan and determine your present or future work assignments. While Stratosphere will utilize such information you provide, all final work assignments will be executed in the best interest of Stratosphere and Stratosphere customers.
To access and use functions of the Website, you will be required to setup a user account (“Your Account”). In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Stratosphere related to the Website. You will set your own password for accessing the Website and shall be solely and strictly liable for everything that occurs using Your Account. You are responsible for maintaining the confidentiality of your password and agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Stratosphere of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware.
Submitting work and shift preferences does not guarantee that these will be the shifts you will work but your preferences will factor into how Stratosphere schedulers and supervisors plan your work assignments. Making a scheduling preference or availability change on this website does not replace the requirement for you to submit a time off request to your Stratosphere scheduler or supervisor. Failure to call in a proper time off request will result in an unapproved absence and potential disciplinary action.
You may use the Website only for legal and appropriate uses. Stratosphere reserves the right to make changes to the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Stratosphere and your access to and use of the Website may be blocked, suspended, or terminated without prior notice at any time due to termination of employment or for any reason or for no reason, including, without limitation, for any violation of the following rules: You must be an active Stratosphere employee, or active employee of a staffing contractor. You may not modify, adapt, translate, or make derivative works of the Website. You may not attempt to gain unauthorized access to any function or feature of the Website, by hacking, password “mining” or any other illegitimate means. You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Website. You may not impersonate any other persons or otherwise misrepresent your identity or your affiliation with any person, group or entity when using the Website. You must provide truthful information to Stratosphere in your interactions using the Website.
Stratosphere grants you a limited license to access and make personal use of the Website. However, you may not download or modify the Website, or any portion of the Website, except with express written consent of Stratosphere. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on the Website without the prior written consent of Stratosphere. You may view, print, copy, and download portions of the information, documentation, and other content of the Website solely in connection with your use of the Website, and solely for your own individual, internal, non-commercial use or records. Stratosphere reserves the right to revoke this authorization at any time. Any unauthorized use of the Website shall automatically terminate the license granted to you by Stratosphere for such use.
The Website may contain windows or hyperlinks which provide access to other websites not affiliated with the Website or with Stratosphere (the “External Websites”), or to informational content provided by the External Websites. Your use of such External Websites or informational content is subject to and governed by the terms and guidelines, if any, contained within such External Website. Stratosphere is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External Websites, even if a page or pages of the External Website is framed within a page of this Website. Stratosphere is not responsible for the privacy practices or the content of External Websites. For your protection, please refer to the terms of service and privacy policies of the respective External Websites. You acknowledge, understand, and agree that Stratosphere 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 your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External Website.
You understand and expressly agree that use of the Website is at your sole risk. Stratosphere does not guarantee, represent, or warrant that your use of the Website will be uninterrupted, error free, or virus free, or that the Website will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Website, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Website. Although Stratosphere uses reasonable security and encryption provisions, we do not guarantee and make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the Website or information accessible through the Website.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, STRATOSPHERE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF STRATOSPHERE’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER STRATOSPHERE NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “STRATOSPHERE ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF STRATOSPHERE OR THE STRATOSPHERE ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH STRATOSPHERE IS TO STOP USING THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Stratosphere, its agents and employees, and the Stratosphere Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the Website by you or by anyone using Your Account, or in connection with a violation or breach of these Terms by you or by anyone using Your Account.
Where required, Stratosphere may give notice to you by a general posting on the Website, by electronic mail, or by conventional mail to your address of record. You may give notice to Stratosphere by electronic mail to the address below. If you have any questions about these Terms, the Website, or your dealings with Stratosphere, please email your questions to hr@stratospherequality.com.
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action accrues or be forever barred.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of Stratosphere to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Stratosphere shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional terms, conditions, or policies posted on the Website by Stratosphere from time to time, represent the entire understanding between you and Stratosphere regarding your relationship with Stratosphere and your use of the Website. These Terms supersede all previous written or oral agreements between you and Stratosphere with respect to such subject matter. Notwithstanding any provision of these Terms, Stratosphere has available all remedies at law or equity to enforce these Terms.