THE
FOLLOWING DESCRIBES THE TERMS ON WHICH QUICK SKAN GAUGES, INC. OFFERS
YOU ACCESS TO OUR SERVICES.
1.
ACKNOWLEDGEMENT AND ACCEPTANCE OF ACCEPTABLE USE GUIDELINES.
Quick Skan Gauges, Inc., (the "Company"),
maintains this website (the "Site") as a service to its
customers. By using the Site or any services made available through
the Site (the "Services") provided accordance with an
applicable service agreement between you and Company ("Service
Agreement(s)"), you are agreeing to comply with and be bound
by the terms and conditions of these Acceptable Use Guidelines and
any operating rules, regulations, policies, and procedures that
may be modified from time to time on the Site (collectively, the
"Terms"). The Terms govern your access to and use of the
Site and any information, products, software, Services and features
made available therein. If you are using the Site on behalf of your
employer, you represent that you are authorized to accept these
Terms on your employer's behalf. In the case of any violation of
the Terms, Quick Skan Gauges, Inc. reserves
the right to seek all remedies available by law and in equity for
such violations. The Terms apply to all visits to the Site, both
now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN
THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR SUCH OTHER ACTION
PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.
2.
ENFORCEMENT.
Company reserves the right and has absolute discretion to enforce
the Terms. Company may, in its sole discretion, immediately terminate
or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii)
access to this Site, if it determines that your services, offerings
or activities violate the Terms. Without limitation, Company also
reserves the right to report any activity (including the disclosure
of appropriate data or merchant information) that it suspects may
violate any law or regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties. Company also may
cooperate with appropriate law enforcement agencies to assist in
the investigation and prosecution of any illegal conduct. If you
want to report any violations of these guidelines, please contact
don@quickskan.com.
3.
MODIFICATIONS TO THE SITE.
Company reserves the right to amend the Terms and modify or discontinue
all or part of the Site, temporarily or permanently, with or without
notice, and is not obligated to support or update the Site. The
amended Terms shall automatically become effective immediately after
they are initially posted on this Site. Your continued use of the
Site after the posting of the amended Terms on the Site constitutes
your affirmative: (a) acknowledgement of the Terms and its modifications;
and (b) agreement to abide and be bound by the Terms, as amended.
Should you object to any modifications of the Terms, your only recourse
is to immediately: (a) terminate use of the Site and/or Services;
and (b) notify Company of termination.
4.
LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The Site contains links to third-party web sites. The linked sites
are not under the control of Company, and Company is not responsible
for the contents or policies of any linked site. Company provides
these links as a convenience only, and a link does not imply endorsement
of, sponsorship of, or affiliation with the linked site by Company.
Links to merchants or advertisers are owned and operated by independent
retailers or service providers, and therefore, Company cannot ensure
that you will be satisfied with their products, services or practices.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any transaction with any of these third parties.
5.
INTELLECTUAL PROPERTY RIGHTS.
The Site is proprietary to Company. All the text, images, marks,
logos and other content of the Site ("Site Content") is
proprietary to Company or to third parties from whom Company has
obtained permission. Company authorizes you to view, download, and
print the Site Content provided that: (i) you may only do so for
your own personal and non-commercial use; (ii) you may not copy,
publish or redistribute any Site Content; (iii) you may not modify
Site Content; (iv) you may not remove any copyright, trademark,
or other proprietary notices that have been placed in the Site Content
by Company. Except as expressly permitted above, reproduction or
redistribution of the Site Content, or any portion of the Site Content,
is strictly prohibited without the prior written permission of Company.
To request permission you may contact Company at don@quickskan.com.
You represent and warrant that your use of Site Content will be
consistent with this license and will not infringe or violate the
rights of any other party or breach any contract or legal duty to
any other parties.
6.
WARRANTY.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT
THE SITE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS
FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED
THROUGH THE SITE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER
NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS,
ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. YOU WAIVE AND COVENANT
NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM
OR RELATING TO YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT
LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT
OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS
THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS
FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION
OR OTHER EXPLOITATION OF THE SITE OR SERVICES. YOU USE THE SITE
AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE
INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE
LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, COMPANY
SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS
WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW,
USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT
TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH
THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPANY DOES
NOT REPRESENT OR WARRANT THAT THE SERVICES OR SITE WILL BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR
ENTIRELY ERROR-FREE.
7.
LIMITATION OF LIABILITY.
QUICK SKAN GAUGES, INC. EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS
ARISING FROM OR RELATED TO THE SITE OR THE SERVICES (HOWEVER ARISING,
INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR
LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT
INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER
DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE
INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING
HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND
Quick Skan Gauges, Inc.'S REASONABLE CONTROL.YOU EXPRESSLY AGREE
THAT QUICK SKAN GAUGES, INC. SHALL NOT BE LIABLE FOR ANY LOSS ARISING
FROM INFILTRATION OF THE SERVICES, THE QUICK SKAN GAUGES, INC. SYSTEM
OR WEBSITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME
BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR
INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE THE QUICK
SKAN GAUGES, INC. SERVICES OR ANY SYSTEM, PROGRAM, DATA OR PERSONAL
INFORMATION OR LIMIT THE FUNCTIONING OF THE SITE, SERVICES OR ANY
SOFTWARE, HARDWARE, OR EQUIPMENT OR TO DAMAGE OR OBTAIN UNAUTHORIZED
ACCESS TO ANY DATA OR ANY INFORMATION OF ANY THIRD PARTY.
EXCLUSION. AS A CONDITION OF USE OF THE SITE AND SERVICES, YOU AGREE
THAT NEITHER COMPANY, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER,
AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS
OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR
INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE SITE,
SERVICES OR SERVICE AGREEMENTS, HOWEVER ARISING, INCLUDING WITHOUT
LIMITATION, THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS,
SERVICES PROVIDED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS,
NEGLIGENCE, AND GROSS NEGLIGENCE OF COMPANY AND ITS AFFILIATES,
PARENTS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR THIS
PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR
ANY OTHER LEGAL DOCTRINE.
8.
INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Company, its parents,
subsidiaries, affiliates, directors, officers, shareholders, agents,
contractors and employees, from any claim or demand, including reasonable
attorneys' fees and court costs, made by any third party due to
or arising from or out of: (a) your use of the Site and/or Services;
(b) your breach or alleged breach of any representation, warranty
or other obligation; (c) your violation or alleged violation of
any national, state, international or local law and any and all
regulations, rules or ordinances; (d) the negligence or willful
misconduct by your or your employees or agents; (e) any violation
of the Terms or Privacy Policy; (f) your infringement of any intellectual
property or other legal right of any person or entity; or (g) your
advertising, marketing, promotion, sale, or distribution of any
products or services. In the event you cause fines and/or penalties
to be charged to Company by the Credit Card Associations or any
other entity, you agree to immediately reimburse Company for said
fines and/or penalties.
9.
DISCLOSURE; FORWARD-LOOKING STATEMENTS.
Certain statements that are not historical fact contained in the
Site may constitute forward-looking statements. Such statements
include, without limitation, statements about future financial and
operating performance of Company, as well as the Company's plans,
strategies, objectives, expectations, intentions or other statements
that are not historical fact. Such statements are based on the then
current beliefs and expectations of the management of the Company,
and are subject to significant risks and uncertainty. Actual results
may vary materially from those contained in forward-looking statements
based on a number of factors including, without limitation, (i)
dependence on a limited number of clients, (ii) the adverse impact
that the financial and operating difficulties of the Company's clients
may have on the Company's future revenues, and financial and operating
results, (iii) continuing rapid change in the telecommunications
industry and other markets in which the Company does business that
may affect both the Company and its clients, (iv) potential state,
federal, and international regulation of voice conferencing or other
services and related compliance and operating costs, regulatory
assessments, and potential suspensions of service pending compliance
with such regulation, (v) uncertainties associated with the Company's
ability to develop new products, services, and technologies, (vi)
market acceptance of the Company's new products, services, and technologies
and continuing demand for the Company's products, services, and
technologies, (vii) the impact of competitive products, services,
and pricing on both the Company and its clients, (viii) current
and future economic conditions including, without limitation, decreases
or delays in capital spending by carriers and in new subscriber
growth, and global economic recession, (ix) integration, employee
retention, recognition of cost and other benefits and revenue synergies,
and other risks associated with acquisitions, (x) the Company's
ability to execute on its objectives, plans, or strategies including,
without limitation, product or services development plans, and the
plans to develop alliances and grow its client base, (xi) economic
and political instability in the domestic and international markets
including, without limitation, the impact of terrorist threats and
hostilities and the declaration of war or similar actions, (xii)
uncertainties associated with the Company's ability to expand into
new markets and (xiii) the impact of restructuring charges and other
charges on the Company's business and operations. The Company undertakes
no obligation to update any forward-looking statements. Nothing
contained in this web site constitutes an offer to sell or solicitation
of an offer to buy any of the Company's securities.
10.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the
Site is restricted to authorized users only. Unauthorized individuals
attempting to access these areas of the Site may be subject to prosecution.
11.
SERVICES OFFERED BY COMPANY ON THIS SITE.
Company offers services on the Site. When you enroll to obtain a
service from the Company on the Site, you accept the specific terms
and conditions applicable to that product or service in accordance
with the applicable Service Agreement. Except as provided in the
Service Agreement, Company does not warrant that any service description
or content contained in this Site is accurate, current, reliable,
complete, or error-free.
12.
TERMINATION & EFFECT.
Company may terminate access to the Site and the Services, with
or without cause, at any time, and effective immediately. Termination
shall be accompanied by a written or electronic notice to you. Company
shall not be liable to you or any third party for termination. Should
you object to any provision of the Terms or any subsequent modifications
thereto, your only recourse is to immediately: (a) terminate use
of the Site and/or Services; and (b) notify Company of termination.
Upon termination of access to the Site and/or Services, your right
to use the Site and/or Services shall immediately cease.
13.
PRIVACY POLICY.
Information collected by the Site will be treated in accordance
with Quick Skan Gauges, Inc.’ Privacy
Policy located at www.quickskan.com/privacy.htm, which is incorporated
herein by reference.
14.
GOVERNING LAW & JURISDICTION.
The Site is accessible in all fifty states and other countries,
and each of these places has laws that may differ from those of
Colorado and from each other. As both you and Company both benefit
from establishing a predictable legal environment in which to publish,
access and use the Site, by publishing, accessing, and/or using
this Site, you and Company agree that all matters arising from or
relating to the use and operation of this Site will be governed
by the laws of The State of Colorado, without regard to its conflicts
of laws principles. You agree that all claims it may have arising
from or relating to the operation or use of this Site will be heard
and resolved in the courts of Grand Junction, Colorado. You consent
to the personal jurisdiction of such courts over it, stipulate to
the fairness and convenience of proceeding in such courts, and covenant
not to assert any objections to proceeding in such courts.
15.
TRADEMARKS.
Quick Skan Gauges, Inc., and their respective logos are all trademarks
or registered trademarks of Quick Skan Gauges, Inc.. All other company
and product names referenced herein are the trademarks or registered
trademarks of their respective holders. This list may be modified
from time-to-time in Quick Skan Gauges, Inc.’s discretion.
You shall not register or attempt to register any of the Company's
marks or trademarks that would reasonably be deemed to be confusingly
similar to any of the Company's marks or trademarks. You shall comply
with all standards with respect to the Company's marks and all uses
of the marks shall be consistent with Company standards. For further
information on Company copyrights and trademarks, please contact
don@quickskan.com
16.
FORCE MAJEURE.
Company shall not be liable for any losses arising out of the delay
or interruption of its performance of obligations due to any acts
of God, acts of civil or military authorities, civil disturbances,
wars, strikes or other labor disputes, fires, transportation contingencies,
interruptions in telecommunications, utility, Internet services
or network provider services, acts or omissions by a third party,
infiltration or disruption of the Services by a third party, or
other catastrophes or any other occurrences which are beyond Company's
reasonable control.
17.
GENERAL.
In the event that any provision of the Terms shall, in whole or
in part, be determined to be invalid, unenforceable or void for
any reason, such determination shall affect only the portion of
such provision determined to be invalid, unenforceable or void,
and shall not affect in any way the remainder of such provision
or any other provision of the Terms. Company's failure to act with
respect to a breach by you or others does not waive its right to
act with respect to subsequent or similar breaches. In the event
of a conflict between the Acceptable Use Guidelines and the applicable
Service Agreement, the latter shall govern.
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