QCM Corp (“QCMI”) operates this site to provide online access to information about QCMI and the products and services we provide. By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this site or to particular content or transactions may also be posted in particular areas of the site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
QCMI reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of site
You may use the site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the site solely for your non-commercial, personal purposes and/or to learn about QCMI products and services. No right, title or interest in any content is transferred to you, whether as a result of downloading such content or otherwise. QCMI reserves complete title and full intellectual property rights in all content. Except as expressly authorized by this agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any content obtained from the site or the service, except as expressly permitted by the Terms of Use.
2. Copyright
The site and the content are protected by U.S. and/or foreign copyright laws, and belong to QCMI or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by QCMI or other copyright owners who have authorized their use on the site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by QCMI.
2.1 Sample Pictures
QCMI has included sample pictures on certain pages within the site, to demonstrate the capability of certain products. You may download, reprint and manipulate the sample Images for this purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the site without permission from the trademark owner, except as permitted by applicable law.
4. Links To Third-Party Web sites
Links on the site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by QCMI of the third party, the third-party web site, or the information contained therein. QCMI is not responsible for the availability of any such web sites. QCMI is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of QCMI affiliates or service providers, you will leave the site, and will be subject to the
terms of use and privacy policy applicable to those web sites.
5. Linking To This Site
If you would like to link to the site, you must follow QCMI’s link guidelines. Unless specifically authorized by QCMI, you may not connect “deep links” to the site, i.e, create links to this site that bypass the home page or other parts of the site. You may not mirror or frame the home page or any other pages of this site on any other web site or web page.
6. Downloading Files
QCMI cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Uploading Files
QCMI is not responsible for maintaining the integrity of all of the data you put into the uploaded files and you are fully responsible for all activities that occur under your files and any other actions taken in connection with your uploaded documents and files.
You understand that QCMI, in performing the required technical steps to provide the Services to our users and customers, may (a) transmit or distribute your Content over various public or private networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that to permit QCMI to take these actions.
Please also refer to QCMI’s Privacy Policies listed on this site to learn how QCMI protects your
information.
8. Software
Any software available for download via the site is the copyrighted work of QCMI and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
9. Disclaimer of Warranties
QCMI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. QCMI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR MANUFACTURED OR TO BE FURNISHED OR MANUFACTURED AS A RESULT OF THE SITE. QCMI DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. QCMI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Electronic Communications Privacy Act Notice (18USC 2701-2711): QCMI makes no guaranty of Confidentiality or Privacy of any communication or information transmitted on the site or any website linked to the site. QCMI will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade information, or any other Content or User Submission stored on QCMI’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service
10. Limitation of Liability
IN NO EVENT WILL QCMI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF QCMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, QCMI’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE
GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
11. Indemnification
You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless QCMI, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the site, the Service, or the Content, or any violation by you of this Agreement.
12. Privacy
Refer to QCMI’s Privacy Policy on this site to see how QCMI protects your privacy.
13. User Conduct
You agree to use the site only for lawful purposes. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.
14. Unsolicited Idea Submission Policy
QCMI or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should QCMI’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to QCMI or anyone at QCMI. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of QCMI, without any compensation to you; (2) QCMI will have no obligation to return your idea to you or respond to you in any way; (3) QCMI will have no obligation to keep your idea confidential; and (4) QCMI may use your idea for any purpose
whatsoever, including giving your idea to others.
However, QCMI does welcome feedback regarding many areas of QCMI’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.
This section does not apply to customer submissions for a quote on manufacturing or customer submissions when placing an order.
15. User Supplied Information
QCMI receives confidential or proprietary information via its website in order to provide quotes to potential customers and to receive specifications from ordering customers. You agree that any material, information, or data you transmit to us via uploaded files (1) you guarantee to us that you have the legal right to post the data and files and that it will not violate any law or the rights of any person or entity, and (2) you give QCMI the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display said materials for the purpose of obtaining quotes and manufacturing the requested products. All data will be used and kept confidential in compliance with QCMI’s Privacy Policy on this site and any Non-disclosure agreement which QCMI may have entered into.
16. Password Security
If at any point you register an account and password with QCMI, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
17. Jurisdiction / governing law
THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, U.S.A., WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULES WHICH MAY DIRECT THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION .Users hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the County of Snyder and expressly waive any objections or defense based upon lack of personal jurisdiction or venue. Notwithstanding the above, you agree that QCMI shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Change Log
1.0 July 2017. This is the first version of the QCMI Terms of Service.