TERMS AND AGREEMENT

Professional Qualifications Registry

  1.  Introduction

    The Department of Early Education and Care (EEC) is pleased to provide you with the services, contents, tools, and information provided on the Professional Qualifications Registry (PQ Registry). The PQ Registry is the on-line system designed to maintain data regarding all professionals working in the Early Education and Care field. This information system tracks information, such as name, education attained, work experience, training and/or continuing education, for professionals who are either currently or plan to be employed in the field of early education and care or have previously worked in the early education and care field or consult to the field of early education and care. This system serves as a database for information regarding the number of professionals working in the field in relation to the age groupings of children and program type and the program location, as well as information about individuals in the field. Each professional may enter and update his or her information online. In addition, EEC licensed programs as well as not requiring EEC licensure that participate in EEC led initiatives, including but not limited to the Quality Rating Information System (QRIS), may also enter information regarding each person that works, volunteers or consults at their program. Your use of the PQ Registry is subject to the following Terms of Use (Terms). THESE TERMS ARE A BINDING CONTRACT BETWEEN THE INDIVIDUAL PROFESSIONAL, IF THE INDIVIDUAL PROFESSIONAL ENTERS HIS OR HER OWN INFORMATION, OR BETWEEN THE PROGRAM, IF THE ENTERS THE PROFESSIONAL INFORMATION, AND EEC. After reviewing these Terms, you must agree to abide by these requirements. In order to do so, you must check the "Yes, I have read and agreed to the terms and agreement.” By checking the "I have read" box and by using or accessing the Registry, you accept and agree to be bound by these Terms. Your use of the PQ Registry is governed by the version of the Terms in effect on the date the PQ Registry is accessed by you. EEC may modify these Terms at any time and without prior notice. These Terms are in addition to any other agreements between you and EEC, and do not supersede any other agreement between you and EEC.

  2. Password Security and Notification

    If you have a User Name and Password for access to the PQ Registry, you are solely responsible for all activities that occur in connection with the use of your User Name and Password. Accordingly, you must take steps to protect the confidentiality of your User Name and Password. Notify EEC immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your User Name and/or Password. You may notify EEC of such by contacting the EEC Help Desk at EEChelpdesk@massmail.state.ma.us.

  3. Information Privacy and Security

    Please note that the privacy and security of all information held by EEC in the PQ Registry is governed by the Public Records Law (M.G.L. c. 66, §10 and M.G.L. c. 4, §7, cl. 26; the Fair Information Practices Act (M.G.L. c. 66A) and Executive Order 504.

  4. DISCLAIMER OF WARRANTIES

    A) NEITHER EEC, ITS EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, OR THE EMPLOYEES OF ANY OF ITS CONTRACTORS OR SUBCONTRACTORS, MAKES ANY CLAIMS, PROMISES OR GUARANTEES ABOUT OR ASSUMES ANY LEGAL LIABILITY FOR THE AVAILABILITY, ACCURACY, CURRENCY, COMPLETENESS, USEFULNESS, OR ADEQUACY OF ANY INFORMATION, CONTENTS, PROCESSES, PRODUCTS, OR SERVICES ON THE PQ REGISTRY. SUCH PARTIES EXPRESSLY DISCLAIM LIABILITY FOR ERRORS AND OMISSIONS THEREIN. B) NO WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FREEDOM FROM COMPUTER VIRUSES, IS GIVEN WITH RESPECT TO THE PQ REGISTRY BY ANY PARTIES TO THIS DISCLAIMER. C) THE PQ REGISTRY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND EEC DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. D) EEC DOES NOT WARRANT THAT THE PQ REGISTRY WILL ALWAYS MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EEC ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE PQ REGISTRY WILL ALWAYS BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. E) EEC DISCLAIMS ANY LIABILITY FOR THE IMPROPER OR INCORRECT USE OF INFORMATION OBTAINED FROM THE PQ REGISTRY. F) ALL SERVICES AND INFORMATION PROVIDED THROUGH THE PQ REGISTRY ARE SUBJECT TO CHANGE WITHOUT NOTICE.

  5. LIMITATION OF LIABILITY

    A) EEC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO INCORRECT INFORMATION ABOUT YOU. THIS IS TRUE EVEN IF EEC HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR LOSSES. B) EEC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH EEC DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES BUT IS NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, OR INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE OR OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY, OR ACTION OF GOVERNMENT. C) SHOULD YOU LEARN THAT THE INFORMATION ON THE EEC PQ REGISTRY ABOUT YOU IS INCORRECT IN ANY WAY DUE TO AN ERROR OR FLAW IN THE PQ REGISTRY, YOU ARE RESPONSIBLE FOR NOTIFYING EEC OF SUCH. YOUR FAILURE TO NOTIFY EEC OF SUCH WILL RESULT IN NO LIABILITY ON THE PART OF EEC REGARDING ANY MISUSE OF INCORRECT INFORMATION. SHOULD YOU USE ANY INCORRECT INFORMATION TO HOLD YOURSELF OUT IN A MANNER TO WHICH YOU ARE NOT LEGALLY ENTITLED OR AUTHORIZED TO DO SO, THIS ACTIVITY MAY RESULT IN EEC TAKING LEGAL ACTION AGAINST YOU.

  6. Indemnification

    As a condition of your use of THE PQ REGISTRY you agree to indemnify and hold harmless EEC, its employees, attorneys, agents, and its third party providers ("Indemnitees") from and against all claims, losses, liability, costs, expenses and damages, (including but not limited to attorneys' fees), arising from your use of THE PQ REGISTRY or resulting from the information you supply or from your violation of these Terms.

  7. EEC Policy Governs

    Should a conflict arise between EEC policy regarding registration and/or qualifications, or any other issue to which EEC policy applies and the use of THE PQ REGISTRY, then EEC policy will govern any and all interactions between registrants and EEC.

  8. Changes to THE PQ REGISTRY

    EEC may change these Terms from time to time without notice. Changes to the Terms will apply to the use of THE PQ REGISTRY as of the date of the change. As a result, users should review the content of these Terms of Use on a regular basis. Failure to view these Terms on a regular basis does not relieve the user of the duty of being informed of their content and you accept these modifications if you continue to use THE PQ REGISTRY.

  9. Termination

    EEC may terminate your access to THE PQ REGISTRY without prior notice if EEC has reasonable cause to believe that you have violated any of these Terms.

  10. Copyright Notice

    This site and its contents, as well as the software used on or in connection with this site, are the property of EEC and/or its licensors. Such property is protected by United States copyright laws and international treaty provisions. EEC reserves its rights in this property not specifically granted to others in any agreements with EEC.

  11. Governing Law

    These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts.

  12. Severability

    If a court of competent jurisdiction deems any provision of these Terms of Use unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

  13. Legal Contact

    If you have questions regarding these Terms of Use, you may contact EEC as follows: Denise J. Karlin, Assistant General Counsel, Department of Early Education and Care, 51 Sleeper Street, Fourth Floor, Boston, MA 02210, 617-988-6605, FAX, 617-988-2451, Denise.Karlin2@MassMail.State.Ma.Us

  14. Date Last Modified

    June 15, 2010

©2007, 2010, Commonwealth of Massachusetts, Department of Early Education and Care