terms of service
Definitions “Company” is QOL Enterprises,
LLC. The same terms apply to companies
whose products are described in the web site.
Terms Of Use Agreement
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN
YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS
SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF
USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS
DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT
THESE TERMS OF USE REGULARLY.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO
ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT
PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS
FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN
THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it
has to offer, you may be asked to provide certain registration details or other
information. It is a condition of your use of this site that all the
information you provide on this site will be correct, current, and complete. If
our Company believes the information you provide is not correct, current, or
complete, we have the right to refuse you access to this site or any of its
resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use You may use this site for purposes expressly
permitted by this site. You may not use this site for any other purpose,
including any commercial purpose, without our Company’s express prior written consent. For example,
you may not (and may not authorize any other party to) (i) co-brand this site,
or (ii) frame this site, or (iii) hyperlink to this site, without the express
prior written permission of an authorized representative of our Company. For
purposes of these Terms of Use, “co-branding”
means to display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely to give a
user the impression that such other party has the right to display, publish, or
distribute this site or content accessible within this site. You agree to
cooperate with our Company in causing any unauthorized co-branding, framing or
hyperlinking immediately to cease.
Proprietary Information The material and content (hereinafter referred
to as the “Content”) accessible from this site, and any other World Wide Web
site owned, operated, licensed, or controlled by our Company is the proprietary
information of our Company or the party that provided the Content to our
Company, and our Company or the party that provided the Content to our Company
retains all right, title, and interest in the Content. Accordingly, the Content
may not be copied, distributed, republished, uploaded, posted, or transmitted
in any way without the prior written consent of our Company, or unless
authorized in writing elsewhere on our site, except that you may print out a
copy of the Content solely for your personal use. In doing so, you may not
remove or alter, or cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice or legend appearing
on any of the Content. Modification or use of the Content except as expressly
provided in these Terms of Use violates our Company’s intellectual property rights. Neither title
nor intellectual property rights are transferred to you by access to this site.
Hyperlinks
This site may be hyperlinked to other sites
which are not maintained by, or related to, our Company. Hyperlinks to such
sites are provided as a service to users and are not sponsored by or affiliated
with this site or our Company. Our Company has not reviewed any or all of such
sites and is not responsible for the content of those sites. Hyperlinks are to
be accessed at the user’s own risk, and our Company
makes no representations or warranties about the content, completeness or
accuracy of these hyperlinks or the sites hyperlinked to this site. Further,
the inclusion of any hyperlink to a third-party site does not necessarily imply
endorsement by our Company of that site.
Submissions
You hereby grant to our Company the
royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display all content, remarks, suggestions,
ideas, graphics, or other information communicated to our Company through this
site (together, hereinafter known as the “Submission”), and to
incorporate any Submission in other works in any form, media, or technology now
known or later developed. Our Company will not be required to treat any
Submission as confidential, and may use any Submission in its business
(including without limitation, for products or advertising) without incurring
any liability for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that may appear in
future Company operations.
Our Company will treat any personal information
that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Disclaimer
You understand that our Company cannot and does
not guarantee or warrant that files available for downloading from the Internet
will be free of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
this site for the reconstruction of any lost data. Our Company does not assume
any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and
up-to-date and should not be used to replace any written reports, statements,
or notices provided by Company. Investors, borrowers, and other persons should
use the Content in the same manner as any other educational medium and should
not rely on the Content to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive and does not cover
all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The
Content is provided “as is” and without warranties of any kind, either expressed or
implied. Our Company disclaims all warranties, including any implied warranties
of merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT
contained in this site will be uninterrupted or error-free, that defects will
be corrected, or that this site or the server that makes it available are free
of viruses or other harmful components. Our Company does not warrant or make
any representation regarding use, or the result of use, of the content in terms
of accuracy, reliability, or otherwise. The content may include technical
inaccuracies or typographical errors, and Company may make changes or
improvements at any time. You, and not our Company, assume the entire cost of
all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR
DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT.
All of the information in this site, whether
historical in nature or forward-looking, speaks only as of the date the
information is posted on this site, and Company does not undertake any
obligation to update such information after it is posted or to remove such
information from this site if it is not, or is no longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR
SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT
OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its
subsidiaries, affiliates, licensors, content providers, service providers,
employees, agents, officers, directors, and contractors (hereinafter known as
the “Indemnified Parties”) harmless
from any breach of these Terms of Use by you, including any use of Content
other than as expressly authorized in these Terms of Use. You agree that the
Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out of your use of
the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing
in this site are the property of the manufacturer Company or the party that
provided the trademarks, service marks, and logos to Company. Company and any
party that provided trademarks, service marks, and logos to Company retain all
rights with respect to any of their respective trademarks, service marks, and
logos appearing in this site.
Information You Provide
- You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain content that falls within the descriptions set forth above. Although under no obligation to do so, our Company reserves theright to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Security
Any passwords used for this site are for
individual use only. You will be responsible for the security of your password
(if any). Company will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a password that Company
considers insecure, Company will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or
facilities provided in connection with this site to compromise security or
tamper with system resources and/or accounts. The use or distribution of tools
designed for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited. If you become involved
in any violation of system security, Company reserves the right to release your
details to system administrators at other sites in order to assist them in
resolving security incidents. Company reserves the right to investigate
suspected violations of these Terms of Use.
Company reserves the right to fully cooperate
with any law enforcement authorities or court order requesting or directing
Company to disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are believed to
violate these Terms of Use.
BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY]
OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and
interpreted pursuant to the laws of California, United States of America,
notwithstanding any principles of conflicts of law. You specifically consent to
personal jurisdiction in California in connection with any dispute between you
and Company arising out of these Terms of Use or pertaining to the subject
matter hereof. The parties to these Terms of Use each agree that the exclusive
venue for any dispute between the parties arising out of these Terms of Use or
pertaining to the subject matter of these Terms of Use will be in the state and
federal courts in California. If any part of these Terms of Use is unlawful,
void or unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to this subject
matter. Notwithstanding the foregoing, any additional terms and conditions on
this site will govern the ites to which they pertain. Company may revise these
Terms of Use at any time by updating this posting.