Please Read This Terms of Use Agreement Before Accessing This Website.
Terms of Use Agreement
Effective Date: This Terms of Use Agreement was last updated on 08/12/09.
This Terms of Use Agreement sets forth the standards of use of the
QeCreations.com Online Service. By using the QeCreations.com website
you (the “Member”) agree to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should immediately cease all
usage of this website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately
upon being posted at QeCreations.com website. Your continued use of the
Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
Description of Service
QeCreations.com is providing Member with [Insert
type of service]. Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide for Member’s
access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The site is provided by QeCreations.com on an
“as is” and on an “as available” basis. To the fullest extent permitted by
applicable law, QeCreations.com makes no representations or warranties of
any kind, express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise.
QeCreations.com shall have no liability for any interruptions in the use of
this Website. QeCreations.com disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
The information contained on this web site is provided for
your general information only. We do not give medical advice or engage in the
practice of medicine. We, under no circumstances recommend particular treatment
for specific individuals and in all cases recommend that you consult your
physician or local treatment center before pursuing any course of treatment.
Limitation of
Liability
QeCreations.com SHALL NOT
be liable for any damages whatsoever,
and in particular QeCreations.com shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for lost profits,
loss of revenue, or loss of use, arising out of or related to this web site or
the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if
QeCreations.com has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold QeCreations.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other right of any person
or entity.
Modifications and
Interruption to Service
QeCreations.com reserves the right to modify or discontinue the Service
with or without notice to the Member. QeCreations.com shall not be liable
to Member or any third party should QeCreations.com exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that
QeCreations.com does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our
website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy policies of
third-parties’ sites.
Disclaimer Regarding Accuracy of
Vendor Information
Product specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While
QeCreations.com makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
QeCreations.com makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor shall
be at your own risk.
Governing Jurisdiction of the
Courts
Our
website is operated and provided in the State of Texas. As such, we are subject
to the laws of the State of Texas, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available for use
in other locations. Accordingly, if you choose to access our site you agree to
do so subject to the internal laws of the State of Texas.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
Copyright and Trademark Information
All
content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is the property
of QeCreations.com and/or third parties protected by intellectual property
rights. Any use of materials on the website, including reproduction for
purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized
officer of QeCreations.com is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without prior
written permission of an authorized officer of QeCreations.com.
Other Terms
If
any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
QeCreations.com, in our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices described in our
Privacy Policy Statement [if applicable].