QualiTech operates this Web Site to provide online access to information about QualiTech and the products and services we provide. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to Privacy and Copyright are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” QualiTech reserves the right to modify this Agreement at any time without prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Site
You may use the Site, and the information, solely for learning about QualiTech products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. QualiTech reserves complete title and full intellectual property rights in all Content.
2. Trademarks
You are prohibited from using any of the QualiTech marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
3. Links to Third-Party Web Sites
Links to other Websites or references to products, services or publications, other than those of QualiTech at this Site, do not imply QualiTech’ endorsement or approval of such Web Sites, products, services or publications, nor are such links or references any indication that QualiTech has received specific authorization to provide these links or references.
QualiTech does not endorse, approve, certify or control these external Web Sites, and is not responsible for the accuracy, timeliness, completeness, efficacy, merchantability, fitness for any particular purpose or correct sequencing of information located at such sites. Rather, the links on this Site to other Web Sites are provided solely as a convenience to users of this Site.
4. Linking to this Site
If you would like to link to the Site, you must follow QualiTech’ link guidelines. Unless specifically authorized, you may not create links to this site that bypass the home page or other parts of the Site. You may not frame the home page or any other pages of this Site on any other web site or web page.
5. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
6. Disclaimer of Warranties
QUALITECH MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. QUALITECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. QUALITECH DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. QUALITECH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Limitation of Liability
IN NO EVENT WILL QUALITECH BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF QUALITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, QUALITECH’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless QualiTech, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
9. User Supplied Information
QualiTech does not wish to receive confidential or proprietary information from you via this Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non confidential and non proprietary.
10. Password Security
If you are issued access to a QualiTech.com web service, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
11. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by QualiTech of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. QualiTech therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. QualiTech does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, QualiTech’ Privacy Policy, your use of the Site, any other QualiTech web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of law’s provisions.