Terms of Service
If you do not agree to the terms, you should not use our website.
QSI may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.
SCOPE OF TERMS
OWNERSHIP OF CONTENT
The QSI Websites; their past, present and future versions; all pages found within the QSI Websites; the material and information on the QSI Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the QSI Websites (hereinafter, the “Content); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to QSI, and are protected by intellectual property laws (the Intellectual Property laws), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the QSI Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.
The QSI Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without QSI’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use.
You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the QSI Websites or the Content contained on or available through the QSI Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The QSI Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the Submissions) intended for review by general public, or by members of any public or private community. QSI does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions.
Submissions are not reviewed, approved or endorsed by QSI and are provided solely for convenience to QSI customers and users. QSI reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Copyrights Infringement Complaints.
You may not use the QSI Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. QSI encourages you to report any content on the QSI Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, click here.
The trademarks, service marks, logos, slogans and domain names (Marks) referenced on the QSI Websites are either common-law service marks, trademarks or registered service marks or trademarks of QSI, Inc. or its subsidiaries and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the QSI Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with QSI. Nothing contained on the QSI Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the QSI Websites. You are not permitted to use any Marks displayed on the Websites, meta tags or any other “hidden text” utilizing Marks of QSI and its licensors, without prior written permission of QSI or such third party who may own the Mark.
YOUR USE OF THE WEBSITES
Privacy Statement. QSI Privacy Statement, as it may change from time to time, applies to collection and use of your information and is made a part of these Terms by this reference.
Password Protected Areas. Access to and use of password protected areas of the QSI Websites is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the QSI Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to QSI; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify QSI immediately of any unauthorized access or use of your account or password or any other breach of security.
You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. QSI will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by QSI or any other user or visitor to the QSI Websites due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit. QSI appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with QSI which may be shared with QSI on a “need to know” basis. you should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums.
QSI is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant QSI an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
QSI is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. QSI reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant QSI the rights described herein.
No unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the QSI Websites or Online Mediums to: (i) impersonate an employee or a representative of QSI, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the QSI Websites or any other system or networks connected to the QSI Website or any other services offered through the QSI Websites, and/or other accounts not belonging to you, or violate security of any portion of the QSI Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the QSI Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the QSI Websites or any transaction being conducted on the QSI Websites or to restrict or inhibit any other user from accessing or using the QSI Websites, by means of hacking or defacing any portion of the QSI Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
OTHER TERMS AND CONDITIONS
Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from QSI and to specific portions or features of the QSI Websites. QSIâ€™s obligations with regards to its services offered on the QSI Websites are governed solely by such terms and conditions and nothing contained on the QSI Websites or in these Terms shall be construed to alter services specific terms and conditions. The materials on the Websites with respect to services may be outdated and QSI makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that QSI will make available such services in your country. Please consult your local Racker for information regarding the availability of particular services offering in your country.
Promotions. The Websites may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO QSI WEBSITES
We greatly appreciate your efforts in letting your clients know about us. You may link to the QSI Websites by using a text link and linking to QSI Websites homepage. Linking directly to any other webpage or content within the QSI Websites is prohibited without QSI prior written permission. QSI only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the QSI Websites; (iii) misrepresent your relationship with QSI or otherwise create a false affiliation, connection or association with QSI; (iv) imply that QSI approves or endorses you, your website, or your services or product offerings; (v) present false or misleading impression about QSI or otherwise damage the goodwill associated with the QSI name or trademarks; (v) use QSI trademarks in page text, meta tags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize QSI name, trademarks, service marks, colors, logos or any other brand features of QSI, nor your relationship with QSI for purposes of or in any manner which intentionally gives rise to advertising or publicity without QSI prior written permission.
As a further condition to being permitted to link to the QSI Websites, you agree that QSI may at any time, in its sole discretion, terminate permission to link to the QSI Websites. In such event, you agree to immediately remove all links to the QSI Websites and to cease using any QSI trademark. QSI reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the QSI websites.
LINKS TO THIRD PARTY WEBSITES
The QSI Websites may contain links and references to non-QSI websites and resources (Linked Websites) and are provided for convenience only. If you decide to leave QSI Websites and access Linked Websites, you do so at your own risk and QSI will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website.
QSI has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by QSI of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain QSI logo, are independent websites, and QSI does not control the content on that Linked Website. Additionally, QSI is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from QSI, by way of reference or link provided on the QSI Websites.
All statements on the QSI Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of QSI for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments; and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize.
These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of QSI could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.sec.gov. Except as required by law, QSI assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
DISCLAIMER OF WARRANTIES
Your use of and access to the QSI Websites, Online Mediums and Content posted by QSI, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The Websites, Online Mediums and Content are provided for informational purposes only on an AS IS and AS AVAILABLE basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. QSI makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content.
QSI further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website, Online Mediums and/or Content.
LIMITATION OF LIABILITY
You expressly understand and agree that QSI and any contributor to the user generated content via Online Mediums (QSI Licensors) SHALL NOT BE LIABLE to you for:
- any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes QSI and QSI Licensors may make to the Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.
- to the full extent permitted by law, QSI and QSI Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if QSI and QSI Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
- Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold QSI, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and QSI Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorney fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) your violation of these Terms or Website specific Terms and Conditions. This indemnification obligation will survive the termination of your QSI account or these Terms.