QIIQ.com Terms of Use
1. ACCEPTANCE OF TERMS
1.1 Read these QIIQ.com Terms of Use ("Terms") carefully before
You ("You") accept these Terms by: (a) placing an order through
QIIQ.com (including via the QIIQ Store or QIIQ Bid services)", and/or (b)
using the QIIQ.com website ("Website") in any other manner. If You do
not agree to all of these terms, do not use this Website.
1.2 The Terms are entered into by and between QIIQ Communications Inc. ("QIIQ")
and You. If you are using the Services on behalf of Your employer, You represent
that You are authorized to accept these Terms on Your employer's behalf. QIIQ
provides the QIIQ Store, My QIIQ[tm], My QIIQ Centers, QIIQ Bid, and other
on-line resources accessible via QIIQ.com (the "Services") to
You, subject to the Terms. Unless explicitly stated otherwise, the Terms will
govern Your use of any new features that augment or enhance the current
Services, including the release of new QIIQ resources. In addition to the Terms
and unless otherwise noted, the QIIQ Standard Sales Terms
govern purchases You make through QIIQ.com, unless You have currently in effect
a separate written purchase or license agreement with QIIQ for that product, in
which case that separate agreement governs. If there is a conflict between: (a)
these Terms, and (b) either the QIIQ Standard Sales Terms or other applicable
purchase or license agreement, the latter prevail.
2. YOUR OBLIGATIONS
In consideration of Your use of the Services, You agree to be solely responsible
for: (a) providing true, accurate, current, and complete information about You
as prompted by the Service's registration form (the "Registration Data"),
and (b) maintaining and promptly updating the Registration Data to keep it true,
accurate, current and complete. You are solely responsible for the security of
your password. QIIQ is not liable for any unauthorized use of the Website or
Services. You acknowledge and agree that certain Services may provide
password-restricted access to customer information such as names and certain
terms of Your existing contracts to assist You in purchasing, maintaining and
supporting Your QIIQ products. By using this Website and registering for such
Services, You consent to QIIQ's display of such information via the Services and
accept all risks of unauthorized access to such information. If You provide any
information that is false, inaccurate, out of date, or incomplete, or QIIQ has
reasonable grounds to suspect that such information is false, inaccurate, not
current, or incomplete, QIIQ may suspend or terminate Your account (as described
in Section 10) and refuse any and all current or future use of the Services (or
any portion thereof). QIIQ agrees to make reasonable efforts to implement Your
requested changes, additions, or deletions to Registration Data within one (1)
business day of receipt of such written information. You are responsible for all
costs and charges, including without limitation, phone charges and
telecommunications equipment, that You incur in order to use the Services.
3. CONFIDENTIALITY OF QIIQ INFORMATION
In order to gain access to the Services, You agree to these confidentiality
provisions:
3.1 You acknowledge that You may obtain direct access via the Website to
certain QIIQ confidential information, including QIIQ databases containing
confidential information of QIIQ and its suppliers, such as technical,
contractual, pricing, marketing, and other valuable information ("Information").
You must hold Information in strict confidence and may provide Information
to employees in your organization only on a need-to-know basis. You may use
the Information from the Website solely for the purpose of purchasing,
maintaining and supporting Your QIIQ products and equipment. Title to
Information remains with QIIQ and its suppliers. You agree, either as an
individual or on behalf of Your employer, to be bound by the provisions of
this Section 3. Furthermore, if You are acting on behalf of Your employer,
Your employer agrees to indemnify You for violations of this Section 3.
3.2 You do not acquire any rights in Information, except the limited right
to use Information as described above.
3.3 Any breach of the Terms will result in irreparable harm to QIIQ for
which damages would be an inadequate remedy and, therefore, in addition to
its rights and remedies otherwise available at law, QIIQ will be entitled to
equitable relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting of a bond or
other security if QIIQ seeks such an injunction.
3.4 Your obligations regarding Information expire five (5) years after the
date of disclosure. Upon termination of the Terms or QIIQ's written request,
You must cease use of Information and return or destroy all Information.
3.5 The Terms impose no obligation upon You with respect to Information that
You can establish by legally sufficient evidence: (a) You possessed, or
knew, prior to Your receipt from QIIQ, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public through no
act or omission by You, or otherwise without violation of the Terms; (c) You
obtained from a third party who had the right to disclose it, without an
obligation to keep such information confidential; (d) You independently
developed without the use of Information and without the participation of
individuals who have had access to Information, or (e) in response to a
valid order by a court or other governmental body, as otherwise required by
law, or as necessary to establish the rights of either party under these
Terms and as disclosed after prior notice to QIIQ adequate to afford QIIQ
the opportunity to object to the disclosure.
4. YOUR CONDUCT
4.1 You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that You, and not QIIQ,
are entirely responsible for all Content that You upload, post or otherwise
transmit via the Services. QIIQ does not control the Content posted via the
Services and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Services, You may be exposed to
Content that is offensive, indecent or Objectionable.
4.2 While it is not our intent to monitor Your online communications, QIIQ
reserves the right to edit or remove content that we become aware of and
determine to be harmful, offensive or otherwise in violation of these Terms.
QIIQ may also remove Content that contains third-party commercial
advertisements, is inaccurate or includes unauthorized disclosure or personal
information. Violation of these restrictions ("Restrictions")
may also result in the termination or suspension of your account. These
Restrictions apply to all content provided to or through the Services, including
email messages, newsgroup postings, chat, and personal or business web pages.
4.3 You agree not to post or store on QIIQ.com or any of its affiliated sites
any Content that violates or infringes anyone's intellectual property rights
(including copyrights, trademarks, trade secrets, patents, publicity rights or
(to the extent protectable) confidential ideas) or that is obscene, obscene as
to minors, child pornography, defamatory, racist, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable ("Objectionable").
4.4 You agree not to use the Services in any way for spamming or to transmit
chain letters, junk email or bulk communications. You agree not to transmit
through the Services any Material that is Objectionable. You agree not to use
any QIIQ domain name as a pseudonymous return email address for any
communications that You transmit from another location or through another
service; and You may not pretend to be someone elseor spoof their identity when
using the Services. Furthermore, You agree not to transmit unsolicited or bulk
communications to any QIIQ account holder or to any QIIQ.com or affiliated email
address (regardless of whether You use the Services to transmit any such
communication).
4.5 You agree not to use the Services for any unlawful activities not otherwise
covered above, including (without limitation) attempting to compromise the
security of any networked account or site, operating an illegal lottery or
gambling operation, stalking, or making direct threats of physical harm.
Additionally, You agree not to use the Services to:
(a) impersonate any person or entity, including, but not limited to, a QIIQ official, My QIIQ Center leader, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to QIIQ.com from another accessible page);
(c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(g) collect or store personal data about other users;
(h) use Your My QIIQ account as storage for remote loading or as a door or signpost to another home page, whether inside or beyond QIIQ.com.
5. CONTENT SUBMITTED TO QIIQ
5.1 QIIQ does not claim ownership of the Content You place on Your My QIIQ
Center or any other part of QIIQ.com. By submitting Content to QIIQ for
inclusion on a My QIIQ Center or for elsewhere on QIIQ.com, You grant QIIQ and
all other users of QIIQ.com a worldwide, royalty-free, and nonexclusive license
to reproduce, modify, distribute, transmit, display, perform, adapt, and publish
the Content (including in digital form).
5.2 You acknowledge that QIIQ does not pre-screen Content, but that QIIQ and its
designees have the right (but not the obligation) in their sole discretion to
block or restrict access to or the availability of, or to disable, any Content
that is available via the Services. Without limiting the foregoing, QIIQ and its
designees may disable, restrict access to or the availability of, any Content
that violates the Terms or is otherwise objectionable. You must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
5.3 Unless otherwise explicitly stated, herein, or in QIIQ.com's Privacy
Policy, any Content provided by You in connection
with this Website shall be deemed to be provided on a nonproprietary and
nonconfidential basis. QIIQ shall have no obligation of any kind with respect to
such Content and shall be free to use or disseminate such Content on an
unrestricted basis for any purpose. You acknowledge that You are responsible for
the Content that You submit, and You, not QIIQ, have full responsibility for the
Content, including their legality, reliability, appropriateness, originality and
copyright.
6. PURCHASES ON THE QIIQ BID DYNAMIC PRICING SITE
6.1 The QIIQ Bid service allows users to bid on QIIQ products and services,
taking advantage of our dynamic pricing model. By purchasing through our QIIQ
Bid service, You can be sure that you are getting genuine QIIQ products and
services. QIIQ sells only QIIQ products and services through the QIIQ Bid
service and does not sell the goods or services of any third party.
6.2 Bid carefully! If You are the highest bidder at the conclusion of the round
of dynamic pricing for a particular item, You are obligated to purchase the item
from QIIQ.
6.3 By bidding on any item through QIIQ Bid service, You agree to be bound by
the QIIQ Standard Sales Terms for any
purchases You make. Bids are not retractable."
7. DELIVERY OF EMAIL.
QIIQ will attempt to deliver all of the email that is addressed to your email
address on QIIQ's Services. However, sometimes someone who may or may not be a
subscriber to QIIQ's Services may attempt to relay large numbers of email
messages, in bulk, off of or through one of our servers. QIIQ reserves the right
to discard that bulk relay email because it is an unauthorized use of our
equipment. Any email addressed to you in care of QIIQ's Services that is
included in that bulk relay email may not be delivered to you.
8. SPAM EMAIL AND POSTINGS.
You agree that QIIQ would be irreparably harmed by the use, by You or others, of
QIIQ's Services or facilities in connection with the transmission of spam
newsgroup postings or unsolicited email in violation of these Terms, and that
QIIQ is entitled to obtain injunctive relief against any such transmission (in
addition to all other remedies available at law or in equity). QIIQ reserves the
right to block, filter or delete unsolicited email.
9. INDEMNITY
You agree to indemnify and hold QIIQ, and its subsidiaries, affiliates,
officers, agents, co-branders, alliance members, or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Your Content, Your use of
the Services, including any use by Your employees (including as described in
Section 3.1), Your connection to the Services, Your violation of the Terms, or
Your violation of any rights of another.
10. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
QIIQ may send notices to You via either email or regular mail. The Services may
also provide notices of changes to the Terms or other matters by displaying
notices or links to notices to You generally on the Services. QIIQ reserves the
right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice. QIIQ may
make changes to the QIIQ Store, including regarding products, services,
programs, and prices, at any time without notice. QIIQ, in its sole discretion,
may terminate Your password, My QIIQ account, My QIIQ Center, use of the
Services or use of any other QIIQ service, and remove and discard any Content
within the Services, for any reason, including, without limitation, for lack of
use or if QIIQ believes that You have violated or acted inconsistently with the
letter or spirit of the Terms. Any termination of Your access to the Services
under any provision of the Terms may be effected without prior notice, and QIIQ
may immediately de-activate or delete Your My QIIQ account or My QIIQ Center and
all related information and files in Your My QIIQ account or My QIIQ Center
and/or bar any further access to such files or the Services. Further, QIIQ will
not be liable to You or any third-party for any termination, modification, or
suspension of the Services.
11. ADVERTISEMENTS AND PROMOTIONS
QIIQ runs advertisements and promotions from third parties on the Services,
QIIQ.com and QIIQ's other Internet properties. The manner, mode and extent of
advertising by QIIQ on Your My QIIQ account or My QIIQ Center is subject to
change. Your correspondence or business dealings with, or participation in
promotions of, advertisers other than QIIQ found on or through the Services,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. QIIQ is not responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such non-QIIQ advertisers on the Services.
12. LINKS
12.1 The Services may provide, or third parties may provide, links to other
Internet sites or resources. Because QIIQ has no control over such sites and
resources, You acknowledge and agree that QIIQ is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. QIIQ will not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
12.2 This Website may be linked to other websites which are not under the
control of and are not maintained by QIIQ. QIIQ is not responsible for the
content of those sites. QIIQ is providing these links to You only as a
convenience, and the inclusion of any link to such sites does not imply
endorsement by QIIQ of those sites.
12.3 Reuters content on QIIQ.com is the intellectual property of Reuters
Limited. Any copying, republication or redistribution of Reuters content,
including by caching, framing, or similar means, is expressly prohibited without
the prior written consent of Reuters. Data is provided for information purposes
only, and is not intended for trading purposes. Reuters shall not be liable for
any errors or delays in content, or for any actions taken in reliance thereon.
Reuters, the Reuters Dotted Logo and the Sphere Logo are registered trademarks
of the Reuters group of companies around the world.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The Services and any software used in connection with the Services ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. Content contained in third-party
advertisements or information presented to You through the Services or
advertisers is protected by copyrights, trademarks, service marks, patents,
publicity rights, or other proprietary rights and laws. Except as expressly
authorized by QIIQ or advertisers, You agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Services or the
Software, in whole or in part.
13.2 You may use the Software and related Services only subject to the agreement
or license that accompanies such Software or Services. You may use Services only
during their specified term, for the enumerated number of times, for the
specified number of individuals, or as otherwise limited in the applicable
agreement or license. Services involving an update, version release, product
release, maintenance release, patch or derivative work of a licensed Software or
Service may be used only: (a) on systems for which such Software or Service were
specifically licensed; and (b) subject to the license and warranty term
governing the original product or Service. Services provided as an element of
QIIQ's support, consulting or educational services, also are governed by the
terms of the applicable support, consulting or educational services agreement.
13.3 You must not modify, decompile, or reverse engineer any Software QIIQ
discloses to You, and must not remove, overprint, or deface any notice of
copyright, trademark, logo, legend, or other notice of ownership from any
originals or copies of Software or Information from the Services.
13.4 "QIIQ Trademarks" means all names, marks, brands, logos, designs,
trade dress and other designations QIIQ uses in connection with Products or
Services. Customer may refer to Products and Services by the associated QIIQ
Trademarks, provided that such reference is truthful and not misleading and
complies with the then current QIIQ Trademark and Logo Policies.
Customer may not remove or alter any QIIQ Trademarks, nor may it co-logo
Products or material associated with Customer's services. Customer acknowledges
QIIQ's rights in QIIQ Trademarks and agrees that any and all use of QIIQ
Trademarks by Customer shall inure to the sole benefit of QIIQ. Customer agrees
not to incorporate any QIIQ Trademarks into Customer's trademarks, service
marks, company names, Internet addresses, domain names, or any other similar
designations.
13.5 QIIQ is committed to respecting others' intellectual property rights, and
we ask our users to do the same. QIIQ may, in its sole discretion, terminate the
accounts or access rights of users who infringe or otherwise violate others'
intellectual property rights. If You believe that Your work has been copied in a
way that constitutes copyright infringement on our Website, please contact our
copyright agent as described in our copyright policy.
13.6 All Content provided on this Website is provided by or to QIIQ by its
respective manufacturers, authors, developers and vendors (the "Third
Party Providers") and is the copyrighted work of QIIQ and/or the Third
Party Providers. Except as stated herein, none of the Content may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
express written permission of QIIQ or the Third Party Provider. No part of the
Website, including logos, graphics, sounds or images, may be reproduced or
retransmitted in any way, or by any means, without the prior express written
permission of QIIQ. You also may not, without QIIQ's prior express written
permission, "mirror" any Content contained on this Website on any
other server.
13.7 Nothing on this Website shall be construed as conferring any license under
any of QIIQ's or any Third Party Provider's intellectual property rights,
whether by estoppel, implication, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses.
13.8 Permission is granted to display, copy, distribute and download QIIQ's
Content on this Website provided that: (1) both the copyright notice identified
below and this permission notice appear in the Content, (2) the use of such
Content is solely for personal, non-commercial and informational use and will
not be copied or posted on any networked computer or broadcast in any media,
except as explicitly permitted by valid license covering such materials, and (3)
no modifications of any of the Content are made. This permission terminates
automatically without notice if You breach any of these terms or conditions.
Upon termination, You must immediately destroy any downloaded and printed
Content.
13.9 Any unauthorized use of any Content contained on this Website may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
13.10 Content provided by Third Party Providers has not been independently
authenticated in whole or in part by QIIQ. QIIQ does not provide, sell, license,
or lease any of the Content other than those specifically identified as being
provided by QIIQ.
14. DISCLAIMER OF WARRANTIES
14.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION
(AS DEFINED IN SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT
ON QIIQ'S WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS,"
IS EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. QIIQ DISCLAIMS ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. QIIQ MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON QIIQ'S WEB SITES. QIIQ MAY MAKE
AVAILABLE ON QIIQ'S WEB SITES CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN
SUBMITTED BY THIRD-PARTY USERS OF QIIQ'S WEB SITES. ANY QUESTIONS REGARDING THE
CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL
QIIQ OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT
OR INFORMATION FROM QIIQ'S WEB SITES.
14.2 QIIQ MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER
VIRUSES.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
QIIQ OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED IN THE TERMS. QIIQ'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE
TERMS.
15. LIMITATION OF LIABILITY
15.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, QIIQ IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE (EVEN IF QIIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND QIIQ.COM; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD,
USE, MODIFY OR DISTRIBUTE FROM QIIQ'S WEB SITES.
15.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM
AGAINST QIIQ FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST
PROFITS RESULTING FROM THE USE OF THE CONTENT.
15.3 YOU AGREE TO HOLD QIIQ HARMLESS FROM, AND YOU COVENANT NOT TO SUE QIIQ FOR,
ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
You.
16. QIIQ'S PRIVACY POLICY
QIIQ respects Your desire for privacy. QIIQ's Privacy Policy can be found at http://www.QIIQ.com/privacy. By using the Website, You are consenting to the processing of Your data by QIIQ and consenting to the terms of our Privacy Policy. If we decide to change that
policy, we will post the revised policy prominently on our Website or otherwise
bring it to Your attention, so that You are always aware of what we do with Your
information.
17. GENERAL INFORMATION
17.1 The Terms constitute the entire agreement between You and QIIQ and govern
Your use of the Services, superseding any prior agreements between You and QIIQ
(including, but not limited to, any prior versions of the Terms). You also may
be subject to additional terms and conditions that may apply when You use other
QIIQ services, third-party content or third-party software. You must not assign
or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 4,
8, 12, 13, 14 and 16 survive termination of the Terms.
17.2 California law and controlling U.S. federal law govern any action related
to the Terms. No choice of law rules of any jurisdiction apply. The parties
specifically disclaim the U.N. Convention on Contracts for the International
Sale of Goods. You and QIIQ agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara, California.
17.3 QIIQ controls and operates this Website from its headquarters in various
locations in the United States of America and makes no representation that this
Content is appropriate or available for use in other locations. If You use this
Website from other locations, You are responsible for compliance with applicable
local laws including but not limited to the export and import regulations of
other countries.
17.4 You acknowledge and agree that Content is subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Content contrary to U.S.
law is prohibited. You agree that none of the Content, nor any direct product
therefrom, is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical biological
weapons, or missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export Administration
Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya,
North Korea, Syria, Serbia, and the Sudan. This list is subject to change
without further notice from QIIQ, and You must comply with the list as it exists
in fact. You certify that You are not on the U.S. Department of Commerce's
Denied Persons List or affiliated lists or on the U.S. Department of Treasury's
Specially Designated Nationals List. You agree to comply strictly with all U.S.
export laws and assume sole responsibility for obtaining licenses to export or
re-export as may be required.
17.5 This Website could include inaccuracies or typographical errors. QIIQ and
the Third Party Providers may make improvements and/or changes in the products,
services, programs, and prices described in this Website at any time without
notice. Changes are periodically made to the Website. QIIQ may amend these Terms
at any time by posting the amended terms on this site. If you are a registered
user of QIIQ.com, QIIQ will notify you of changes to these Terms when you log-in
after such changes have been made, thus giving You an opportunity to review the
Terms.
17.6 The failure of QIIQ to exercise or enforce any right or provision of the
Terms does not constitute a waiver of such right or provision. If a court of
competent jurisdiction finds any provision of the Terms 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 remain in full force and effect. Regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Services or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the Terms are
for convenience only and have no legal or contractual effect.
17.7 These Terms represent the entire understanding relating to the use of the
Website and prevail over any prior or contemporaneous, conflicting, or
additional, communications.
QIIQ Trademark Notices
QIIQ, the QiiQ logo, VoIP!Edge, Q-Regime, Q-CallShop, VoIP!Phone, formative trademarks and logos, and other trademarks appearing on
this website, are trademarks or registered trademarks of QIIQ Communications
Inc. in Canada, the United States and other countries.