The following terms and conditions govern your use of the website (this "Site")
of QVSM, an Illinois corporation, and any services contained within the Site.
These Terms and Conditions include our Privacy Policy and supplemental terms and
conditions that will govern your use of specific QVSM services.
By using or downloading any materials from this Site, you agree to these Terms and
Conditions. In addition, you agree to the applicable Supplemental Terms by using
or downloading materials from that Additional Service .
1. Copyrighted Information and Copyright Agent. Please note that
the pages on the Site may contain other proprietary notices and copyright information,
the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents
(as defined below), software or other materials (collectively hereinafter referred
to as the "Materials") contained on any page within this Site are copyrighted by
QVSM or a third party (hereinafter collectively referred to as the "Copyright Holder").
Title to copyright in the Materials will at all times remain with the Copyright
Holder. You may only use, download or copy the Materials contained in the Site in
accordance with the Terms and Conditions. Any permitted copies of the Materials
must retain the copyright notice, and any other proprietary notices contained in
such Materials. Unless otherwise provided in the Terms and Conditions, you may not
edit, modify or make use of the Materials without the express, prior written consent
of QVSM You may not use any content contained in the Materials in any manner that
may give a false or misleading impression or statement as to the IEEE, the Copyright
Holder, or any third party referenced in the Materials. Nothing on this Site shall
be construed as conferring any license under any Copyright Holder's intellectual
property rights, whether by estoppels, implication or otherwise. You agree to use
the Site and the Materials and services and products on the Site or accessible via
the Site only for lawful purposes. QVSM MAY REVOKE ANY OF THE FOREGOING RIGHTS,
AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY
TIME.
Except as specifically provided in these Terms and Conditions (including any applicable
Supplemental Terms), any reproduction, distribution, replication or retransmission
of any information contained on this Site without the prior written consent of QVSM
is strictly prohibited.
QVSM respects the rights of all copyright holders and in this regard, it has adopted
and implemented a policy that provides for the termination in appropriate circumstances
of users who infringe the rights of copyright holders. If you believe that your
work has been copied in a way that constitutes copyright infringement, please provide
QVSM's Copyright Agent the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17
U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
2. Notice With Regard to Documents on this Site. Permission to
display, copy and/or download any papers, articles or other works of authorship
on this Site (the "Documents") is hereby granted, provided that (a) the copyright
notice set forth on the Document and a statement that the Document is being reproduced
under permission of the Copyright Holder both appear on such displayed, copied or
downloaded Document, (b) use or reproduction of such Documents from this Site is
for informational or personal use only, and (c) no modifications of any Documents
are made. Any other use of the Documents is expressly prohibited.
3. Online Privacy Policy. Our online Privacy Policy forms a part
of these Terms and Conditions. Supplemental Terms also contain additional and different
terms, including without limitation regarding the collection, use, and sharing of
personal information provided in connection with the use of such services, which
you should read carefully before using such services.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION,
THE MATERIALS, ARE PROVIDED "AS IS," AND QVSM MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. QVSM
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. QVSM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN
TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. QVSMRESERVES THE RIGHT TO ADD TO,
CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY
INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN
INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS
AND SOFTWARE. QVSM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH,
QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. QVSM IS NOT RESPONSIBLE
FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED
BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER QVSMNOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES
OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN,
WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES
OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL
DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY
AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT
MAKE ANY CLAIM AGAINST QVSMFOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS
OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Sites. Any other web sites that are accessible
via any link on this Site are not under the control of QVSM. QVSM is not responsible
for the contents of any linked site or any link contained in a linked site, or any
changes or updates to the information contained in such sites. QVSM provides the
linked sites to you only as a convenience and the inclusions of any such link on
the Site does not imply the QVSM's endorsement of the site, the organization operating
such site, nor any products or services of that organization. Your linking to any
off-site pages or other sites is entirely at your own risk.
6. Export Restrictions. You acknowledge and agree that the Materials
are subject to the U.S. Export Administration Laws and Regulations. Diversion of
such Materials contrary to U.S. law is prohibited. You agree that none of the Materials,
nor any direct product there from, is being or will be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals, unless authorized by the U.S. Government. Proscribed countries
are set forth in the U.S. Export Administration Regulations. You agree to comply
strictly with all U.S. export laws and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
7. References to Products or Services. Information published by
QVSM on the Site may contain references or cross references to QVSM products or
services that are not announced or available in your country. Such references do
not imply that QVSM intends to announce such products or services in your country.
Please contact QVSM Member Services for information regarding the products and services
that may be available to you.
8. User Input. Unless otherwise provided in the Terms and Conditions,
any communication, material or feedback with regard to contents on this Site transmitted
by a user of this Site via electronic mail or otherwise, including any data, questions,
or comments regarding the content of any Document or other information contained
on the Site, such information shall be deemed to be non-confidential and QVSM shall
have no obligation of any kind with respect to such information and shall be free
to reproduce, use, disclose and distribute the information to others without limitation.
Further, QVSM shall be free to use any ideas, concepts, know-how or techniques contained
in such information for any purpose whatsoever including, without limitation, publication
on the Site, or other QVSM publications, and developing, manufacturing, and marketing
products using such information. QVSM shall have no obligation to compensate the
contributor of such information in any manner.
9. Governing Law; Venue for any Proceedings. Any action, proceeding,
dispute, claim or controversy arising out of or relating to this Site or these Terms
and Conditions, or any QVSM products or QVSM services offered on or accessed via
the Site, shall (i) be governed by New York State law and controlling U.S. federal
law, without application of any choice of law rules and (ii) be subject to the exclusive
jurisdiction of the courts of the State of New York located in New York County or
of the United States District Court of the Southern District of New York, and you
hereby submit to the jurisdiction of said courts.
10. Complete Agreement; Changes to the Terms and Conditions. These
Terms and Conditions represent the entire understanding relating to the use of the
Site and prevail over any prior or contemporaneous, conflicting or additional, communications.
QVSM shall have the right to revise and modify the Terms and Conditions at any time
by posting the revised Terms and Conditions on the Site. Any use of the Site after
such posting shall be deemed to constitute acceptance of the revised Terms and Conditions
by the user.
11. Termination. QVSM may terminate this agreement at any time.
Upon termination, you agree to cease all use of this Site. Without limiting the
foregoing, QVSM shall have the right to immediately terminate your access and use
of the Site, or any portion of the Site, in the event of any conduct by you or through
your account which QVSM, in its sole discretion, considers to be unacceptable, or
in the event of any breach by you of the Terms and Conditions. The provisions of
Sections 4, 9, 12 and this Section 13 shall survive any termination of this agreement.
12. Questions. Please email us at
support@qvsminc.com with any questions you have about these Terms and Conditions,
including our online Privacy Policy.