Terms and Conditions

QCcommerce Inc.

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 permission.

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 the Site.

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 information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
2. An identification of the copyrighted work claimed to have been infringed.
3. An identification of the material that you claim is infringing so that we may locate it on the site.
4. Your address, telephone number and email address.
5. 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.
6. 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 involved.

QCI’s Copyright Agent is Joanna Varvos, who can be reached at legal@qcommerce.com or by mail at 800 Fifth Avenue, Suite 101-123, Seattle, WA 98104, or by telephone at (403) 291-2492.

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.

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