Last Updated: 2017–03–05USE OF THE QMERIT WEB SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS CAREFULLY
1. We Provide Our Web Site for Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:
- the content is accurate or complete the content is up-to-date or current we have a duty to update any content
- the content is free from technical inaccuracies or typographical errors
- the content is free from changes caused by third party
- your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site “As Is” and Disclaim All Warranties
Our Web site content is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site’s owners or sponsors.
5. If a Third Party Links to Our Web Site, It is Not an Endorsement
If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.
- A Web site that links to our Web site:
- May link to, but not replicate, our content
- Should not create a browser, border environment or frame our content
- Should not imply that we are endorsing it or its products
- Should not misrepresent its relationship with us Should not present false information about our products or services
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It is Non- Confidential
We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to or post on our Web site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
7. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. Our Web site’s content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
No content from www.qmerit.com, or any other Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, “mirror” any material contained on our Web site on any other server. The sole exceptions to these restrictions are:
- you obtain written permission from us to waive these restrictions
- you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.
Violation of these restrictions is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
The following is a non-exclusive list of registered and non- registered service marks of QMERIT or its subsidiaries, in the United States and/or other countries or jurisdictions:
QMERIT, QMERIT and Design, The QMERIT Logo. To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that QMERIT has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.
8. By Providing Content, We Do Not Allow You to Use Our Servicemarks
The service marks and logos of QMERIT used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Web site should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of QMERIT or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.
9. We Are Not Providing Investment Advice Nor Soliciting Offers
Nothing in this site constitutes investment advice, including our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and our other Web site content are not offers to sell or solicitations of an offer to buy any security.
All investors should know that there are “ups” and “downs” in every business and stock. There are no guarantees about the future performance of the stock market or our stock. Before you invest in any security, you can protect yourself by being an educated investor.
10. Investors Should Not Rely on Forward-Looking Information
Some of the statements on our Web Site, including those relating to projected future financial performance or events, are considered forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. Sometimes these statements will use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” “outlook,” “forecast,” and other similar words. These statements are not guarantees of our future performance and are subject to risks, uncertainties and other important factors that could cause our actual performance to be materially different from those we project.
Our actual results will be different due to the inherent nature of projections and may be better or worse than projected.
Given these uncertainties, you should not rely on forward- looking statements. These forward-looking statements also represent our estimates and assumptions only as of the date that they initially were made. We expressly disclaim a duty to provide updates to any forward-looking statements, and the estimates and assumptions associated with them, to reflect events or circumstances or changes in expectations or the occurrence of anticipated events after the date they initially were made.
11. You Must Obey Local Laws in Accessing Our Web Site
This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations.
The materials on the QMERIT Web Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the QMERIT Web Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
13. You Agree to Indemnify Us for Using Our Web Site
14. Third Parties May Have Rights Under This Agreement
15. How This Agreement May Be Terminated
16. Applicable Law