QCommerce Inc. ("QCI")
maintains this site (the "Site") for your personal entertainment,
information, education, and communication. Please feel free to
browse the Site. You may download material displayed on the Site
for non-commercial, personal use only provided you also retain
all copyright and other proprietary notices contained on the materials.
You may not, however, distribute, modify, transmit, reuse, repost,
or use the content of the Site for public or commercial purposes,
including the text, images, audio, and video without QCI's written
Your access to and use of the Site is also subject to the following
terms and conditions ("Terms and Conditions") and all
applicable laws. By accessing and browsing the Site, you accept
the Terms and Conditions without limitation or qualification.
Terms and Conditions
1. In using the Site you agree to: not make any commercial
use of the Site or its contents; not disrupt or interfere with
the security of the Site or any services, networks, accounts,
servers or system resources; not upload any harmful material;
not transmit spam or junk mail; not collect and use any product
listings or descriptions; not make any derivative uses of the
Site or its contents; and not use any data mining, robots or similar
data gathering and extraction methods. You should assume that
everything you see or read on the Site is copyrighted unless otherwise
noted and may not be used except as provided in these Terms and
Conditions or in the text on the Site without the written permission
of QCI. QCI neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties
not owned by or affiliated with QCI.
2. While QCI uses reasonable efforts to include accurate
and up to date information in the Site, QCI makes no warranties
or representations as to its accuracy. QCI assumes no liability
or responsibility for any errors or omissions in the content of
3. Your use of and browsing in the Site are at your
risk. Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the following exclusions may
not apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION,
SERVICES, PRODUCTS AND MATERIALS ON OR LINKED TO OR FROM THIS
WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
BUSINESS OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH CONTENT, DATA OR SOFTWARE.
QCI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER,
INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES
OF CONTENT, SYSTEM DOWN TIME, ERRORS, NETWORK OR SYSTEM OUTAGES,
FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE
OF QCI OR ITS AFFILIATES OR BY A USER'S OWN ERRORS AND/OR OMMISSIONS.
IN NO EVENT SHALL QCI OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS,
DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY
KIND INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM DAMAGE
TO OR LOSS OF USE OF COMPUTER HARDWARE, DATA OR INFORMATION OR
LOSS OF PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS INFORMATION.
4. Any communication or material you transmit to the
Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or
post may be used by QCI or its affiliates for any purpose, including,
but not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, QCI is free to use any ideas,
concepts, know-how, or techniques contained in any communication
you send to the Site for any purpose whatsoever including, but
not limited to, developing, manufacturing and marketing products
using such information.
5. Images of people or places displayed on the Site
are either the property of, or used with permission by, QCI. The
use of these images by you, or anyone else authorized by you,
is prohibited unless specifically permitted by these Terms and
Conditions or specific permission provided elsewhere on the Site.
Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
6. The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site, including Choice Mall®
and QCommerce™, are Trademarks of QCI and others. Nothing contained
on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of QCI or such third
party that may own the Trademarks displayed on the Site. Your
misuse of the Trademarks displayed on the Site, or any other content
on the Site, except as provided in these terms and Conditions,
is strictly prohibited. You are also advised that QCI will aggressively
enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
7. QCI has not reviewed all of the sites linked to
the Site and is not responsible for the content of any off-site
pages or any other sites linked to the Site. Your linking to any
other off-site pages or other sites is at your own risk.
8. Although QCI may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards,
and the like on the Site, if any occur, QCI is under no obligation
to do so and assumes no responsibility or liability arising from
the content of any such locations nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity,
danger, or inaccuracy contained in any information within such
locations on the Site. You are prohibited from posing or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise
violate any law. QCI will fully cooperate with any law enforcement
authorities or court order requesting or directing QCI to disclose
the identity of anyone posting any such information or materials.
9. It is QCI's policy to respect the copyright and
intellectual property rights of others. QCI may remove content
that appears to infringe the copyright or other intellectual property
rights of others. If you believe that QCI or any merchant or any
user of the Site has infringed your copyright in any material
way, please notify QCI's Copyright Agent, and provide the following
QCI's Copyright Agent is Joanna Varvos, who can be reached at firstname.lastname@example.org
or by mail at 800 Fifth Avenue, Suite 101-123, Seattle, WA 98104,
or by telephone at (403) 291-2492.
- A physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest.
- An identification of the copyrighted work claimed to have
- An identification of the material that you claim is infringing
so that we may locate it on the site.
- Your address, telephone number and email address.
- A statement by you that you have a good-faith belief that
the disputed use is not authorized by the copyright owner, its
agent or the law.
- A statement by you that the above information in your Notice
is accurate, made under penalty of perjury, and that you are
authorized to act on behalf of the owner of the copyright interest
10. Software from this Site is further subject to United
States Export Controls. No software from this Site may be downloaded
or exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
United States has embargoed goods; or (ii) anyone on the United
States Treasury Department's list of Specially Designed Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
11. QCI may at any time revise these Terms and Conditions
by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the then
current Terms and Conditions to which you are bound.
Copyright 2001 QCommerce Inc. All rights reserved.