QModeling.com
SITE TERMS
WHAT YOU AGREE TO WHEN USING THIS SITE
Welcome to QModeling.com, The QModeling,
Inc. website (the "Site"). These terms of use ("Site Terms") impose
conditions on your access to this Site, and any use you make of it,
so please read them carefully. They do not alter in any way the
terms or conditions of any other agreement you may have with
QModeling, Inc. ("QM") or its subsidiaries or affiliates for
other products or services.
SPECIAL NOTE REGARDING NETWORKED QM SITES.
In an effort to make on-line information about QM and business
transactions with QM efficient, QM uses QModeling.com as an
entry into many networked web pages and websites operated by QM and
its affiliates (together, the "QM Sites"). Please note that
individual QM Sites may adopt terms of use particular to the
purpose of the QM Site or the transactions taking place on the QM
Site. For example, some of the QM Sites affiliated with commercial
transactions that you or your business may have with QM,
particularly those which are password-protected or subject to
subscriptions, may have differing terms, or separate agreements
which supplement or supercede these terms. If a QM Site has imposed
its own terms of use by posting on the QM Site, separate agreement
or otherwise, the provisions of those QM Site terms shall control
in the event of a conflict with these general terms of use for QModeling.com. Except as supplemented or superceded as
described herein, these general terms of use for QModeling.com
apply to the entire network of QM Sites, and control your use
thereof.
QM reserves the right to change or modify any of
the terms and conditions contained in the Site Terms or any policy
or guideline of the Site, at any time and in its sole discretion.
Any changes or modification will be effective upon posting of the
revisions and notice of such changes to the Site. Your continued use
of this Site following the posting of its changes or modifications
will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review the Site Terms and
applicable policies from time-to-time to understand the terms and
conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL
POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY
SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE
SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR
OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents
should be directed to the
QM webmaster.
Index of Provisions
Incorporated Policies or Terms
Site License and Access
Copyright
Copyright Complaints
Trademarks and Service Marks
Third-Party Content
Linking
General Submissions
Export Restrictions
Financial Material Disclosure
Disclaimers
Limitation on Liability
Applicable Law and Venue
Termination
Severability
Incorporated Policies or Terms
Privacy Policy. QM believes strongly in protecting
individual user privacy and providing you notice of QM's collection
and use data, including personally identifying information,
collected from the Site. Therefore, QM has adopted a Privacy Policy
that you should review in order to fully understand how QM collects
and uses information.
Terms of Sale. Transactions with QM Sites offering products
or services for purchase may be subject to Terms of Sale required as
a condition to completion of the transaction. These Terms of Sale
may be posted on the QM Site or set forth in a separate agreement
with you. Your transactions will be governed by such Terms of Sale,
therefore you should review them carefully.
Return to list
Site License and Access
QM grants you a limited license to make personal
use only of the Site. Such grant does not include, without
limitation: (a) any resale or commercial use of the Site or content
therein; (b) the collection and use of any product listings or
descriptions; (c) making derivative uses of the Site and its
contents; or (d) use of any data mining, robots, or similar data
gathering and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel, or otherwise
in or under any patent, trademark, copyright, or proprietary right
of QM or any third party.
You may not use, frame or utilize framing techniques
to enclose any QM trademark, logo or other proprietary information
(including the images found at this Site, the content of any text or
the layout/design of any page or form contained on a page) without
QM's express written consent. Further, you may not use any meta
tags or any other "hidden text" utilizing an QM name, trademark, or
product name without QM's express written consent.
Any unauthorized use of this Site will terminate the
permission or license granted by these Site Terms and may violate
applicable law including copyright laws, trademark laws (including
trade dress), and communications regulations and statutes. All
violators will be prosecuted to the fullest extent of the law.
Return to list
Copyright
All copyrighted and copyrightable materials on this
Site, including, without limitation, the design, text, graphics,
pictures, sound files and other files, and the selection and
arrangement ("Materials") thereof are copyrighted, ALL RIGHTS
RESERVED Copyright © 2005 QModeling, Inc., QM Management
Company and/or third-party licensors. Except as stated herein, none
of the Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of QM or the respective copyright owner.
Permission is granted to display, copy, distribute and download the
Materials on this Site for personal, non-commercial, and
informational use only; provided that, you may not, without the
permission of QM or the respective copyright owner, (a) copy,
publish, or post any Materials on any computer network or broadcast
or publications media, (b) modify the Materials, and (c) remove or
alter any copyright and other proprietary notices contained in the
Materials. Any
non-media request for grant of a commercial license to QM
copyrighted materials is subject to prior approval, and should be
addressed to the QM Copyright Licensing staff at:
legal@QModeling.com.
Return to list
Copyright Complaints
QM respects the intellectual property of others. If
you believe that your work has been copied and has been posted to
this Site in a way that constitutes copyright infringement, please
provide QM's copyright agent the following written information:
-
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
-
A description of the copyrighted work that you claim has
been infringed upon;
-
A description of where the material that you claim is
infringing is located on the Site;
-
Your address, telephone number, and e-mail 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, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright
owner's behalf.
QM's Copyright Agent for notice of claims of copyright
infringement on this Site may be obtained by writing to
legal@QModeling.com
Return to list
Trademarks and Service Marks
QM logos and product markings, and the products and services
described in this Site (except those belonging to QM suppliers or
licensors), are among the trademarks, service marks or registered
trademarks owned by QM, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of QM. In
addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks, and/or trade dress owned by
QM, and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of QM. All other trademarks,
registered trademarks, product names and company names or logos
mentioned herein are the property of their respective owners, and
may not be copied, imitated or used, in whole or in part without the
prior written permission of such respective owners. Any request for
grant of a license to use QM marks is subject to prior approval,
and should be addressed to the QM Trademark Management at:
trademarks@QModeling.com.
Return to list
Third-Party Content
This Site may, from time to time, include discussion forums and
interactive areas, including bulletin board services ("BBS"). Any
forums and interactive areas of the Site shall be used only for
non-commercial purposes. By using the forums or interactive areas,
you agree not to do any of the following:
-
Upload to, distribute or otherwise publish through this Site
any message, data, information, text or other material
("Content") that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, harmful,
invasive of privacy or publicity rights, abusive, inflammatory
or otherwise objectionable;
-
Upload or transmit any Content that would constitute or
encourage a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local,
state, national, or international law;
-
Upload or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or
proprietary right of any party. By posting any Content, you
represent and warrant that you have the lawful right to
distribute and reproduce such Content;
-
Impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity; and
-
Without QM's written permission, distribute or publish
unsolicited promotions, advertising or solicitations for funds,
goods or services, including junk mail and spam.
QM takes no responsibility and assumes no liability for any
Content posted or uploaded by you or any third party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider
of interactive services, if any, QM is only a forum and is not
liable for any statements, representations, or Content provided by
its users.
Enforcement. QM has the right, but not the obligation, to
monitor any activity and Content associated with its forums and
interactive areas. QM may investigate any reported violation of its
policies or complaints and take any appropriate action that it deems
appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, and/or removal of
posted Content. QM reserves the right and has absolute discretion,
to remove, screen or edit any Content that violates these provisions
or is otherwise objectionable. In order to cooperate with legitimate
governmental requests, subpoenas or court orders, to protect QM's
systems and customers, or to ensure the integrity and operation of
QM's business and systems, QM may access and disclose any
information it considers necessary or appropriate, including,
without limitation, user profile information (i.e. name, e-mail
address, etc.), IP addressing and traffic information, usage
history, and posted Content. QM's right to disclose any such
information shall govern over any terms of QM's Privacy Policy.
Responsibility for Your Conduct. You shall remain solely
liable for the Content of any messages or other information you
upload or transmit to this Site, including the discussion forums or
interactive areas of the Site. You agree to indemnify and hold
harmless QM from any claim, action, demand, loss, or damages
(including attorneys' fees) made or incurred by any third party
arising out of or relating to your conduct, your violation of these
Site Terms, or your violation of any rights of a third party.
Return to list
Linking
Links to the Site. You are granted a limited,
non-exclusive right to create a hyperlink to this Site provided such
link does not portray QM or any of its products and services in a
false, misleading, derogatory or otherwise defamatory manner. You
may not use a QM logo or other proprietary graphic or trademark of
QM to link to this Site without the express written permission of
QM. This limited right may be revoked at any time.
Third-Party Links. QM makes no claim or representation
regarding, and accepts no responsibility for, the quality, content,
nature or reliability of third-party sites accessible by hyperlink
from this Site, or third-party sites linking to this Site. The
third-party linked sites are not under the control of QM and QM is
not responsible for the content of any third-party linked site or
any link contained in a third-party linked site, or any review,
changes or updates to such sites. QM is providing these links to
you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement, or adoption by QM of the site or
any information contained therein. When leaving the QM Site, you
should be aware that QM's terms and policies no longer govern, and,
therefore, you should review the applicable terms and policies,
including privacy and data gathering practices, of that site.
Return to list
General Submissions
Do not use this Site as a means of submitting information you
consider to be proprietary. Confidential and proprietary information
should be submitted only in connection with those QM Sites
specifically allowing and providing for its receipt and protection.
Except as otherwise expressly provided in the terms of use for your
transactions with a QM Site or in a written agreement with QM
applicable to your particular use of a QM Site, any submission of
materials by you will be considered a contribution to QM for
further use in its sole discretion, regardless of any proprietary
claims or reservation of rights noted in the submission.
Accordingly, you agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by you
in the form of e-mail or submissions to QM, or postings on this
Site, are non-confidential (subject to QM's Privacy Policy) and
shall become the sole property of QM. QM shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to
you. The submission of any materials to QM, including the posting
of materials to any forum or interactive area, irrevocably waives
any and all "moral rights" in such materials, including the rights
of paternity and integrity.
Return to list
Export Restrictions
Any software and all underlying information and technology
downloaded from this Site (collectively the "Software") by you may
be subject to U.S. export controls, including the Export
Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export
Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may
be subject to export or import regulations in other countries. You
are responsible for complying with all trade regulations and laws
both foreign and domestic. Except as authorized by law, you agree
and warrant not to export or re-export the Software to any country,
or to any person, entity, or end-user subject to U.S. export
controls, including without limitation persons or entities listed on
the U.S. Department of Commerce Bureau of Export Administration's
Denied Parties List and the U.S. Department of Treasury's Specially
Designated Nationals. You further represent and warrant that no U.S.
federal agency has suspended, revoked, or denied your export
privileges.
Return to list
Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents
issued by QM and available through this Site, may contain
statements which constitute forward-looking statements within the
meaning of the U.S. Private Securities Litigation Reform Act of
1995. Those statements can be identified by the use of words such as
"believe," "expect," "plan," "may," "will," "should," "anticipate"
or similar statements or the negative of these words.
Forward-looking statements include statements made as to future
operations, costs, capital expenditures, cash flow, improvements in
infrastructure, distribution and replenishment systems and operating
efficiencies, sales and earnings estimates or trends and expansion
plans and projections. These forward-looking statements are based on
our current expectations. Known and unknown internal and external
risks and uncertainties may cause the actual results to be
materially different from those expressed in or implied by the
forward-looking statements. The information contained in the most
recent QM Annual Reports to stockholders, including information
contained under the section captioned "Management's Discussion and
Analysis," as well as other information included under the caption
"Risk Factors" and/or in other QM filings with the Securities and
Exchange Commission, identifies important factors that could cause
actual results to differ from those contemplated by forward-looking
statements. QM undertakes no obligation to update forward-looking
statements to reflect events or circumstances that occur after the
date the statements were made.
Press Releases. The information contained within press
releases issued by QM should not be deemed accurate or current
except as of the date the release was posted. QM has no intention
of updating, and specifically disclaims any duty to update, the
information in the press releases. To the extent any information
therein is forward-looking, it is intended to fit within the safe
harbor for forward-looking statements, and is subject to material
risk.
Third-Party Financial Information. QM may provide links
to third-party Web sites or services that contain financial or
investment information about QM. Access to such Web sites and the
information contained therein is provided as service to those
interested in the information. QM neither regularly monitors nor
has control over the content of third parties' statements or Web
sites. Accordingly, QM does not endorse or adopt these Web sites or
any information contained therein, including, without limitation,
analyst's reports and stock quotes. QM makes no representations or
warranties whatsoever regarding the accuracy or completeness of the
content, information, or opinions of third-party Web sites or other
third-party information that is identified on the Site. Users visit
these Web sites and use the information contained therein at their
own risk.
Return to list
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED
HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT 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.
WARRANTY DISCLAIMER. QM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES
AND PRODUCTS ON THE SITE. QM DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. QM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR
OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE QM
ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, QM
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
QM reserves the right to change any and all content contained on
this Site at any time without notice. Reference to any products,
services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by QM.
Return to list
Limitation of Liability
IN NO EVENT SHALL QM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS
OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN,
OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QM (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY) ARISING OUT OF OR RELATING TO THE USE OF QM'S SITE EXCEED
$5.00 OR THE COMPENSATION YOU PAID QM, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or
the exclusion or limitation of certain damages. If these laws apply,
some or all of the above disclaimers, exclusions, or limitations,
may not apply to you, and you may have additional rights to those
contained herein.
Return to list
Applicable Law and Venue
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of California, applicable to
agreements made and entirely to be performed within the State of
California, without resort to its conflict of law provisions. You
agree that any action at law or in equity arising out of or relating
to these terms and conditions shall be filed only in state or
federal court located in San Diego County, California, and you
hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or
proceeding arising out of these terms and conditions.
Return to list
Termination
Notwithstanding any of these terms and conditions, QM reserves
the right, without notice and in its sole discretion, to terminate
your license to use the Site, and to block or prevent future access
to and use of the Site.
Return to list
Severability
If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and conditions and shall not
affect the validity and enforceability of any remaining provisions.
Return to list
Last Revised:
May 5, 2005
|
