Copyright 2012 Qualmark Corporation
Thank you for visiting the Qualmark Corporation Customer/Partner Portal (“Portal”). This Portal is operated by Qualmark Corporation (hereinafter “Qualmark”) for use by customers and partners of Qualmark (hereinafter “Client”).
Please take a few minutes to carefully review the following terms and conditions. By using this Portal, Client agrees to be bound by these terms and conditions, as they may be modified and placed on this Portal at any time by Qualmark. If Client does not agree with any of these terms and conditions, do not use the Portal. Qualmark reserves the right to seek all remedies available by law and equity in the event of a violation of these terms and conditions.
All data, content, information and materials that may be found at and which comprise the Portal, including, but not limited to, customer information, account information, user information, logins and passwords, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively “Content”) are protected by privacy, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Qualmark, its affiliates or third parties who have licensed such materials and content to Qualmark.All trademarks, service marks, names, trade names, trade dress, logos and images are registered and/or common law trademarks and service marks of Qualmark. Use of the Portal in no way grants Client any rights or licenses to use such marks, logos, names or trade dress.
USE OF PORTAL
a. License. Subject to the terms and conditions of this Agreement, Qualmark agrees to provide Client access to Client’s customer information with Qualmark through the Portal. Qualmark grants to Client a limited, nontransferable, nonexclusive license for the term of this Agreement to access and use the Portal and the software used by Qualmark at the Portal solely to access Client’s customer information. Client may display and print for its own use and for the use of Client’s employer information received via the Portal that pertains to Client or Client’s employer and its business with Qualmark. In the event Client or Client’s employer is no longer a customer or partner of Qualmark, Client shall immediately cease using the Portal.
b. Restrictions on Use. Client shall not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content on the Portal or Portal software, (ii) alter or permit a third party to alter any part of the Content, Portal or Portal software; (iii) access or use any Content, information or materials of any third party available at the Portal; (iv) use or permit the use of the Portal, Content or Portal software except for the Client’s access to its own customer information; (v) distribute copies of information, materials or Content found on the Portal in any form (including by e-mail or other electronic means), without prior written permission, or (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Portal software.
c. Client Data. Client agrees that it is solely responsible for the accuracy of any and all information input by Client or provided to Qualmark for use in conjunction with the Portal (the “Data”). Data shall not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious.
d. Passwords. Client is responsible for all use of its account and maintaining the confidentiality of all passwords and information. Sharing of passwords and account numbers and information is at Client’s own risk. Client is responsible for the security of all Data saved to the Portal.
Qualmark has taken reasonable efforts to ensure that the Content contained on the Portal is accurate. However, all Content is provided “AS IS,” and Qualmark does not warrant and makes no representation that Content provided on the Portal is accurate, appropriate or applicable for use in locations outside of the United States.
Without limiting the foregoing, Qualmark further disclaims and does not represent or warrant the following:
- That the Portal will operate without interruption, errors defects, bugs, viruses or other harmful components or that any defects appearing on the Portal will be corrected.
- Liability or responsibility or damage as to the correctness, completeness, reliability or accuracy in the representation of each and every product, including but not limited to, color, quantity, size and pricing.
- Liability or responsibility for damage, theft, loss, injury or claim of liability of any kind based on or resulting from any Content contained on the Portal or as a result of unauthorized access to, damage to or interception of any data or communications sent to or from, scraped from or stored on the Portal.
- Liability or responsibility to any person, firm or corporation for any loss, damage, injury, claim or liability of any kind or character based on or resulting from any Data or Content contained on the Portal or the accidental release of such Data or Content.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
a. QUALMARK AND ITS SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. QUALMARK DOES NOT WARRANT THAT THE PORTAL IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL NOT CAUSE LOSS OF OR DAMAGE TO DATA STORED ON COMPUTING DEVICES ON WHICH IT IS INSTALLED. THE PORTAL MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS FROM A COMPUTER WITH WHICH THE PORTAL IS USED OR ACCESSED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
b. UNDER NO CIRCUMSTANCES SHALL QUALMARK OR ITS SUPPLIERS BE LIABLE FOR ANY TYPE OF DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF QUALMARK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
These Terms and Conditions, and any other legal notices published by Qualmark on the Portal, shall constitute the entire agreement between you and Qualmark concerning use of the Portal.
If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Qualmark’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.