THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR NONINFRINGEMENT.
The SITES may include hyperlinks to sites maintained or controlled by others. QES is neither responsible for nor does it routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. QES does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any (i) links to web-pages of third parties contained on the SITES, or the content obtainable on such web-pages or (ii) information provided by third parties on the SITES.
QES makes no representation regarding your ability to transmit and receive information from or through the SITES and you agree and acknowledge that your ability to access the SITES may be impaired. QES disclaims any and all liability resulting from or related to such events. Although QES does not monitor the content of the SITES, QES has the right to remove material from the SITES, block access, or take other action with respect to the material in its sole discretion, although QES is under no obligation to do so. You agree to indemnify and hold QES harmless from any claims, losses or damages, including legal fees, resulting from your violation of the TOU, your use of the SITES or your placement of any content onto the SITES, and to fully cooperate in QES’ defense against any such claims. QES reserves the right to modify the TOU at its sole discretion at any time and without notice. Your continued use of the SITES after publication of such modifications, with or without notification, constitutes binding acceptance of these modified TOU.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TOU REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND QES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO QES' ABILITY TO MAKE THE SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), QES has implemented procedures for receiving written notification of claimed copyright infringements. QES has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement, or otherwise provide a written communication which contains: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description specifying the location on the SITES of the material that you claim is infringing; (4) Your telephone number; (5) 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; and (6) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please submit your notice to QES Copyright Agent via email or regular mail as follows: QuantaEd Solutions, LLC Attn: Copyright Agent, 3525 Del Mar Heights Road, #668, San Diego, CA 92130; or Copyright Agent, firstname.lastname@example.org. Please note that any notice you submit must be truthful and must be submitted under penalty of perjury. A false notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice.
The SITES are managed by QES, located in San Diego County, California. You agree that any dispute arising out of or relating to the TOU or any content posted to the SITES, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Diego County, California as the legal forum for any such dispute.
By using and participating in the SITES, you signify that you have read these TOU and agree to be bound by and comply with them. If you do not agree to be bound by the TOU, please promptly exit the SITES.