TERMS OF USELast Updated: March 23, 2020

Welcome to Rose International, Inc.'s website/Qcompass™ talent management portal ("Portal"). These Terms of Use ("Terms") set forth the terms and conditions governing your use of, and access to, this website, the Portal and all related websites, applications (including mobile applications), and content operated or made available by Rose International, its subsidiaries, affiliates and divisions, and their respective successors and assigns (collectively, "Site"). Together with our Privacy Policy ("Policy"), these Terms govern Rose International's relationship with you in relation to this Site.

The term "Rose International," "Company," "our," "us" or "we" refers to the owner of the Site whose registered office is 16305 Swingley Ridge Road, Suite 350 Chesterfield, MO 63017. The term 'you' refers to the user or viewer and your representative company ("Vendor"), as applicable, of the Site.

Acceptance of Terms

PLEASE REVIEW THESE TERMS CAREFULLY. IF YOU CONTINUE TO BROWSE, ACCESS AND/OR USE THIS SITE, YOU ARE AGREEING TO ACCEPT, COMPLY WITH AND BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.

Applicability of and Amendments to Terms

Access to and use of this Site is subject to these Terms and to all applicable laws and regulations. Rose International reserves the right, in its sole and absolute discretion, to change, modify, update, add or remove portions of the Terms or Policy at any time without further notice and without liability to Rose International. The new or modified Terms will take effect immediately upon posting. When material changes are made to the Terms, the changes will be effective after you provide your consent, or after you continue to use the Site. You should review these Terms every time you visit, use or access the Site. If you do not agree to the amended Terms, you must stop using or accessing the Site.

The "Last Updated" legend above indicates when the Terms were last changed.

Scope of Agreement

Rose International respects and values your privacy and is committed to its protection. We collect, use and disclose information regarding your use of the Site and your personal information in accordance with our Policy which may be found here and which is incorporated into these Terms by reference. By accessing or using the Site, you also agree to our Policy.

These Terms and Policy together constitute the entire agreement ("Agreement") regarding your access to and use of the Site, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Site. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you have with Rose International, its subsidiaries, affiliates and/or divisions (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Site.

Permitted Use of Site

The contents of this Site are for your general information and use only. This Site contains material, including but not limited to, the design, layout, look, appearance, and graphics, which is owned by or licensed to us ("Content"). Such Content is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. The copying, reproduction, distribution, modification, creation of derivative works, republishing, downloading, storing, or transmitting, etc., of any material on our Site are prohibited, other than in accordance with the copyright notice, which forms part of these Terms.

Any unauthorized use of this Site is strictly prohibited. This Site, including all sub sites, is for the sole use of the intended user(s), any may contain information that is confidential or legally protected. Rose International uses the utmost care in the treatment of such information, as explained in our Policy. If you are not the intended or authorized user, any disclosure, copying, distribution or use of the contents of this information or any enclosed documents is prohibited and may be unlawful.

You acknowledge and voluntarily and expressly accept that your use of this Site is made under your sole and exclusive responsibility and at your sole risk. You are responsible for ensuring that all persons who access the Site through your internet connection and/or your user account are aware of these Terms and Policy, and that they comply with them. Rose International is not responsible for any unauthorized use or access of this Site through your internet connection and/or through your user account.

If you have reached this Site in error, please contact customerserivce@roseIT.com immediately.

Qcompass™ Vendor Portal Users

  • Each Vendor using and accessing the Portal is responsible for updating and sending any changes to contact information, banking information, legal entity name, and/or remittance address to the Rose Vendor Management Team at VP@roseIT.com.
  • All Vendors must immediately notify Rose International of any Vendor employee/personnel who is no longer authorized to use the Portal for any reason, including but not limited to termination or change in duties.
  • Any unauthorized use or access of the Portal by Vendor or Vendor's employees, agents, or personnel is strictly prohibited.

Data Integrity

Rose International makes every endeavor to maintain the integrity and accuracy of the information on the Site, but makes no guarantee as to its correctness, completeness, or accuracy. The Site may inadvertently contain typographical errors, inaccuracies, or other errors or omissions. If you believe any information on the Site is inaccurate, please contact customerservice@roseIT.com immediately.

Third-Party Materials

The Site may make available or provide links to third-party websites, content, or information ("Third-Party Materials"). Rose International does not control, and is not responsible for, any Third-Party Materials, their security or privacy practices. The availability of any Third-Party Materials on the Site does not imply or constitute endorsement of, or affiliation with the provider of such Third-Party Materials. Your use of Third-Party Materials is at your own risk.

User Accounts, Security, and Passwords

If you use this Site, you are fully and solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities under your account or password. You may not assign or otherwise transfer your account to any other person or entity. It is recommended that passwords be changed regularly.

Changes to a Vendor's banking information, legal name, and/or remittance address will require additional documentation be sent to Rose International for verification.

Warranties

To extent permissible under applicable law, Rose International disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Rose International does not warrant that: (i) the information on this site is correct, accurate or reliable; (ii) the functions contained on this site will be uninterrupted or error-free; or (iii) defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.

Indemnification

You agree to indemnify, defend and hold harmless Rose International, including our officers, agents, directors, employees, and all other related, associated, or connect persons (collectively, the "Indemnified Parties"), from and against any and all claims, actions, liabilities, damages, fines, penalties, judgments, awards, losses, expenses, and costs, including without limitation, attorney's fees, that are related to, result from, or are connect with your use of the Site, violation(s) of these Terms or breach of this Agreement.

Without limiting the foregoing, the Indemnified Parties shall have the right to select their own counsel at your expense to assume the exclusive defense and control of any matter subject to indemnification by you. You may not enter into any settlement on behalf of any of the Indemnified Parties without the Indemnified Parties' written consent. You agree to assist and cooperate as fully and reasonably required by the Indemnified Parties in the defense of any such claim or action.

Limitation of Liability

Under no circumstances shall Rose International be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this site or the information contained on this site, even if Rose International has been advised of the possibility of such damages. In no event shall Rose International's total liability to you for all damages, losses, and causes of action - whether in contract, tort (including, but not limited to, negligence) or otherwise - exceed $100.00 (US).

The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Dispute Resolution

These Terms are governed by the laws of Clark County, Nevada, United States of America. Users of this Site consent to the exclusive jurisdiction and venue of federal and state courts sitting in Nevada for the resolution of any and all legal disputes that may arise under these Terms or with respect to this Site or the information made available herein. Users waive any and all objections or defenses against such jurisdiction and venue and covenants not to bring any suit or other legal action against Rose International involving the foregoing in any other jurisdiction, venue or forum.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Clark County, Nevada, United States of America.

You hereby relinquish, forfeit, and give up the right to resolve any controversy or claim arising out of or relating to this Agreement by a judge and/or a jury. Notwithstanding any provision in this Agreement to the contrary, Rose International may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.

Miscellaneous

Eligibility/Age Restriction: This Site is intended for use by persons who are 18 years of age or older. By accessing or using the Site, you certify that you are 18 years of age or older. If Rose International discovers or has any reason to suspect that you are not at least 18 years of age or older or that you have knowingly provided false information to us, we reserve the right to suspend or terminate your access to and use of the Site immediately and without notice.

By accessing the Site, you represent and warrant that you have the right, authority, and capacity to abide by this Agreement.

No Waiver: Rose International's failure to enforce, or our delay in enforcing, any provision of these Terms of Use will not constitute a waiver of such right. Any waiver must be in writing and signed by both parties in order to be legally binding.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree 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. Headings in these Terms are for reference only and do not define, limit, construe, or describe the scope or extent of such section.

Assignment: You may not assign or transfer your rights or obligations under these Terms without Rose International's prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

Contact Information

If you have any questions, comments and/or concerns regarding these Terms or the Policy, please contact our HR Department at (636) 812-4000, ext. 2222 or via e-mail at HR@roseIT.com. You may also send a message to Rose International's Candidate Care Team here.

Our Corporate Headquarters is located at:
Rose International, Inc.
16305 Swingley Ridge Road, Suite 350
Chesterfield, MO 63017