Terms of Service

Use of this website and its services are subject to the following Terms of Service Agreement ("TOS"). The Qualitative Data Analysis Program ("QDAP") reserves the right to update the TOS at any time without notice. Accordingly, the TOS may change from time to time. By using this website, you acknowledge and agree to these limitations as set forth. Your use of this website and its services will be subject to the terms of this TOS. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Qualitative Data Analysis Program - Terms & Conditions of Use Agreement

DESCRIPTION OF SERVICES

Qualitative Data Analysis Program ("QDAP") provides you with access to a variety of resources ("Services") including the ability to: create a new account, form and manage a peer network, upload FDMS public comment data, upload CAT-style datasets, browse an archive, search for key concepts, create buckets, create datasets, assign coders, code your data, work with memos, validate the work of coders, and generate summary reports.

USE OF CONTENT

During the term of this Agreement, you are granted a terminable, at-will, non-exclusive license to use QDAP content (graphics, logos, etc.), all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. You may not modify any content or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by QDAP. Elements of QDAP websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.

LIMITS OF LIABILITY

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.QDAP DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. QDAP IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND QDAP DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.
QDAP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF QDAP HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL QDAP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100. NO CLAIM MAY BE MADE AGAINST QDAP FOLLOWING THE COMPLETION OF THE SIXTIETH (60th) DAY AFTER YOUR USE OF THE SERVICES WHICH LED TO THE CLAIM OR LOSS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The Services may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by QDAP. and we are not responsible for any Third Party Sites accessed through the QDAP websites or any Third Party Content posted on, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any QDAP website, or interfere with any other party's use of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any QDAP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

The Service is the personal property of QDAP. QDAP retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by QDAP or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above.

USE OF QDAP SERVICES

You agree to use the Services only to review and analyze text and related material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
Advertise or offer to sell or buy any goods or services.
Publish, post, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.

GENERAL

Any failure by QDAP to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

INDEMNITY

In the event you breach the terms of this license, or if, any claims are made against QDAP (its employees, officers or directors resulting from your actions) you shall be liable to QDAP for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as applied to contracts entered into and performed within the Commonwealth of Massachusetts. You agree to grant jurisdiction over yourself to the courts of the Commonwealth of Massachusetts and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

NOTICES

QDAP may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to QDAP via E-mail at stu@polsci.umass.edu, or by postal mail to Stuart Shulman, 74 Overlook Dr. Amherst, MA 01002.

QDAP reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

OTHER

This Agreement is accepted upon your use of the Services. This Agreement constitutes the entire agreement between you and QDAP regarding the use of the Services. The failure of QDAP to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not

© 2009-2010 - PCAT is hosted and maintained by Texifter, LLC and powered by Microsoft ASP.NET, with technical and project support provided by the Qualitative Data Analysis Program (QDAP), in the University Center for Social and Urban Research, at the University of Pittsburgh and QDAP-UMass, in the College of Social and Behavioral Sciences, at the University of Massachusetts Amherst.

Content on this website was made possible with the following grants from the National Science Foundation: IIS-0917773, IIS-0705091 and IIS-0704210 "Collaborative Research III-COR: From a Pile of Documents to a Collection of Information: A Framework for Multi-Dimensional Text Analysis" as well as IIS-0429293 "Collaborative Research: Language Processing Technology for Electronic Rulemaking." We are also grateful for financial support from the U.S. Environmental Protection Agency and the U.S. Fish & Wildlife Service. Any opinions, findings and conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect those of the National Science Foundation.