Last updated Friday, October 11, 2019
1. Acceptance of Terms of Service
Quasonix, Inc. (“Company”) provides its online services and this web site (www.quasonix.com) (the “Web Site”) to you, the “User”, subject to this Terms of Service Agreement (this “TOS”). Company reserves the right to alter the TOS at any time without notice to User. By using the Web Site, User agrees to abide by the terms of this TOS.
2. Online Services and Disclaimer of Warranty
The Web Site provides online resources including, but not limited to, online information regarding Company’s policies and practices; products (ranges, features, usage instructions, and physical characteristics); news (about the company and the telemetry industry); and support staff (including local sales representatives’ and distributors’ contact information) (collectively, the “Services”) . Any new services, resources or informational content added to the Web Site shall fall under the terms of this TOS. Company assumes no responsibility for any data loss or other loss suffered by any User of this Web Site. User is fully responsible for maintaining its computer equipment and Internet access to use the Web Site.
3. Registration
Certain areas of the Web Site are provided solely to registered Users of the Web Site. Any User registering for such services agrees to provide true and accurate information during the registration process. Company reserves the right to terminate the access of such Users should Company know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. Company reserves the right to require valid credit card information as proof of legal age. Company maintains a strict online Privacy Policy and will not sell or give your information to other parties except as set forth in the Privacy Policy.
4. User Account
Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Company at info@quasonix.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Company shall not be responsible for User’s failure to abide by this Paragraph.
5. Informational content supplied by Users
User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Web Site, or privately transmitted through the Web Site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Web Site. Company does not and cannot control the informational content Users transmit through the Web Site. Under no circumstances shall Company be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Company be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct
User agrees to not use the Web Site to:
- upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- harm legal minors;
- collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
- impersonate another User, person, or entity, including any official or employee of Company;
- intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- interfere with the operation of Company’s web servers or other computers or Internet or network connections;
- upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; or
- upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
Company does not pre-screen uploaded, posted or transmitted content, but Company reserves the right to inspect, edit and delete any content that Company knows, or has reason to know, has violated this TOS. Company reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS. Company may disclose any informational content Users post, upload or transmit to the Web Site, if such disclosure is necessary to enforce this TOS, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Company, the public, or other Users.
7. Content Submitted by Users
Company does not claim ownership of any informational content submitted by Users to the Web Site. User grants Company a non-exclusive, royalty-free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Web Site. This license exists only so long as User allows its content to remain on the Web Site and will terminate in the event that User removes such content.
8. Indemnity
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders 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 content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No resale
User agrees not to reproduce, copy, duplicate, or sell any portion of the Web Site.
10. Limits and modifications
Company may establish without notice limits on the use of the Web Site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the Web Site. Company reserves the right to modify any and all portions of the Web Site without notice. Under no circumstances shall Company be liable to User or any other party for such limits or modifications.
11. Termination of User account
Company may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Company be liable to User or any other party for such termination of User’s account.
12. Hyperlink policy
The Company site contains hyperlinks to other Internet sites not under the editorial control of Company. These hyperlinks are not express or implied endorsements or approvals by Company, of any products, services or information available from these sites.
13. Company’s Intellectual Property Rights
User agrees not to distribute, license, or create derivative works from any of Company’s copyrighted or trademarked material, including graphic files and software, available on the Web Site.
14. NO WARRANTIES
THE INFORMATION AND ANY DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
COMPANY’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY ACTIONS OR OMISSIONS BY COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). COMPANY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
16. Notice
Notices may be posted to the Web Site or e-mailed to Users using the e-mail address User submitted during the registration process.
17. General
This TOS, along with our Privacy Policy, Disclaimer, and Comment Policy, constitutes the entire agreement between you and Company and governs your use of the Web Site. This TOS shall be governed by the laws of the State of Ohio. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton in the State of Ohio. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction 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 TOS remain in full force and effect. Any claim arising under the terms of this TOS must be brought within one (1) year after such claim or cause of action arose or be forever barred.
18. Violations
Please report any known or suspected violations of this TOS, including any suspected copyright or trademark violations, to info@quasonix.com.
Contact Us
If you have any questions about these Terms of Service, please contact us:
Quasonix, Inc.
6025 Schumacher Park Drive
West Chester, OH 45069
UNITED STATES
Contact phone: +1 (866) 787-6649
Contact email: info@quasonix.com
Website contact form: www.quasonix.com/contact