Terms
of Use 
This
is QuinWorks.com ("QuinWorks") Terms of
Use. It applies to www.quinworks.com
and www.mmoger.com
(collectively "The Web Sites").
Questions
regarding our terms of use should be directed by email to:
info@quinworks.com
The
Web Sites ARE SUBJECT TO THE TERMS OF USE OF THIS NOTICE.
BECAUSE USING ANY OF The Web Sites CONSTITUTES ACCEPTANCE
OF THESE TERMS OF USE, PLEASE READ THEM CAREFULLY.
Your
Use of Protected Content. Copyright laws may protect certain
information, artwork, text, video, audio and pictures on The
Web Sites (collectively, "Content"). Content can be accessed
only for personal or educational purposes, and may not be
used for any other purpose, or modified without express written
consent from QuinWorks. Except as provided below, reproducing,
republishing, posting, transmitting or distributing any Content
on the Site is prohibited. Content on the Site can be printed
for personal or educational purposes only, and any copyright
notice originally included with such Content must appear on
all copies. Any computer software available by download or
otherwise from any of The Web Sites are subject to the terms
of the QuinWorks Privacy Policy and End User License Agreement.
Your
Obligations. You agree not to use any of The Web Sites
to conduct any business or activity or solicit the performance
of any activity, which is prohibited by law, or any contractual
provision by which you are bound. You agree to comply with
all applicable laws, rules and regulations in connection with
The Web Sites.
Access
and Interference. You agree that you will not use any
robot, spider, other automatic or manual device or process
to interfere or attempt to interfere with the proper working
of QuinWorks supplied materials.
Privacy
Statement and Other Policies. You agree to be bound by
and comply with the QuinWorks Privacy Policy and Terms of
Use as made available through any of The Web Sites.
Links.
QuinWorks supplied materials may contain links to web sites
operated by other parties. The linked web sites are not under
the control of QuinWorks, and QuinWorks is not responsible
for the content available on any other Internet sites linked
to our Web Site. Unless otherwise stated, such links do not
imply QuinWorks's endorsement of material on any other web
site, and QuinWorks disclaims all liability with regard to
your access to such linked web sites. Your access to any other
Internet sites linked to this Web Site is at your own risk.
Unless
otherwise set forth in a written agreement between you and
QuinWorks, you must adhere to QuinWorks's linking statement
as follows: (i) the appearance, position and other aspects
of the link may not be such as to damage or dilute the goodwill
associated with QuinWorks's names and trademarks, (ii) the
link must "point" to the appropriate URL for The Web Site
that you in fact link to and not to other pages within any
of The Web Sites, (iii) the appearance, position and other
attributes of the link may not create the false appearance
that your organization or entity is sponsored by, affiliated
with, or associated with QuinWorks or any of its products
or services, (iv) when selected by a user, the link must display
the intended Web Site on full-screen and not within a "frame"
on the linking web site, and (v) QuinWorks reserves the right
to revoke its consent to the link at any time and in its sole
discretion.
Disclaimer
of Warranty. USE OF ANY OF The Web Sites AND ANY CONTENT AVAILABLE
THEREFORE ("QUINWORKS SUPPLIED MATERIALS") IS AT YOUR OWN
RISK. QUINWORKS PROVIDES QUINWORKS SUPPLIED MATERIALS ON AN
"AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE WEB SITE PRIVACY
STATEMENT AND TERMS OF USE. QUINWORKS MAKES NO WARRANTY THAT
(i) THE QUINWORKS SUPPLIED MATERIALS ARE ACCURATE, TIMELY,
UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE QUINWORKS SUPPLIED MATERIALS
WILL BE RELIABLE; (iii) THE QUINWORKS SUPPLIED MATERIALS WILL
IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS
OBTAINED OR PURCHASED THROUGH THE USE OF THE QUINWORKS SUPPLIED
MATERIALS WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN
THE QUINWORKS SUPPLIED MATERIALS WILL BE CORRECTED. The
above exclusions may not apply in jurisdictions that do not
allow the exclusion of certain implied warranties.
Limitation
of Liability. IN NO EVENT WILL QUINWORKS, ITS EMPLOYEES, DISTRIBUTORS,
SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, , ADVERTISERS,
DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE
LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT
OF YOUR USE OR INABILITY TO USE THE QUINWORKS SUPPLIED MATERIALS
INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST
PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY
TO USE THE SOFTWARE, SERVICE OR The Web Sites, EVEN IF A PROTECTED
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED
PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE WEB SITE PRIVACY
POLICY AND TERMS OF USE EXCEED ONE DOLLAR ($1.00). Because
some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, QuinWorks's liability
shall be limited to the extent permitted by law.
Applicable
Law. The laws of the State of Utah will govern the Web
Site Privacy Policy and Terms of Use, without reference to
conflicts of law principles. The parties hereby submit to
the jurisdiction of, and waive any venue objections against,
the state and federal courts in Salt Lake City, Utah. The
United Nations Convention on Contracts for the Sale of Goods
does not apply to the Web Site Privacy Policy or Terms of
Use.
Arbitration.
Any claim or controversy arising out of or related to the
Web Site Privacy Policy or Terms of Use shall be settled by
binding arbitration in accordance with the rules of the American
Arbitration Association. Any such claim or controversy shall
be arbitrated on an individual basis and shall not be consolidated
with a claim of any other party. The foregoing shall not preclude
QuinWorks from seeking any injunctive relief for protection
of QuinWorks's intellectual property rights.
General.
The Web Site Privacy Policy and Terms of Use sets forth the
entire understanding and agreement between you and QuinWorks
with respect to the subject matter hereof. If any provision
or provisions hereof shall be held to be invalid, illegal,
or unenforceable, the validity, legality, and enforceability
of the remaining provisions shall not be affected or impaired
thereby. You may not assign the Web Site Privacy Policy or
Terms of Use without our consent.
Legal
Notices. Copyright © QuinWorks.com, all rights reserved.
Effective
January 2002 |