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QWikquote Express Terms & Conditions
Please
read the following Terms and Conditions of Use
("Terms of Use") carefully before using
this Web site. All users of this site agree
that access to and use of this site are subject
to the following Terms of Use and other applicable
laws. If you do not agree to these Terms of Use,
you should not use this site.
QWikquote
Express reserves the right to modify these
Terms of Use at any time, so you should periodically
review this screen. By using the Web site after
modifications are posted, you signify your acceptance
of the Terms of Use as modified. The Terms
of Use were last modified on June 26, 2002.
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Exclusion of Warranties QWikquote
Express makes no representation or warranty
regarding the functionality or condition of
this Web site, its suitability for use, or
that its use will be uninterrupted or error-free.
All material or information on this Web
site is provided to you as-is without warranties
of any kind. QWikquote Express disclaims all
warranties or conditions, written or oral,
express or implied, including without limitation,
warranties of merchantability or fitness for
a particular purpose. These exclusions
are in addition to any specific exclusion
otherwise provided in these terms and conditions.
To the extent that the jurisdiction to which
you are subject does not allow exclusion of
certain warranties, such exclusions that are
not permitted do not apply.
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Limitation of Liability QWikquote
Express will not be liable for any direct,
indirect, incidental, special or consequential
damages including but not limited to, loss
of profits, data, business or goodwill as
a result of the use or the inability to use
this Web site, even if QWikquote Express has
been advised of the possibility of such damages.
Your sole and exclusive remedy is to discontinue
using and accessing this Web site. To the
extent the jurisdiction to which you are subject
does not allow any part of such limitation,
such part does not apply. QWikquote Express
and its subsidiaries, affiliates, parents
and their respective directors, officers,
employees and agents, to the extent permitted
by law, shall have no liability, contingent
or otherwise, whether caused by the negligence
of QWikquote Express, its subsidiaries, affiliates,
parents and their respective directors, officers,
employees, subcontractors, agents, suppliers,
or otherwise, to you or to third parties for
the accuracy, timeliness, completeness, reliability,
performance or continued availability of this
Web site or for delays or omissions therein,
including, but not limited to, inaccuracies
or errors in or omissions from quotes and
financial data. QWikquote Express has no responsibility
to maintain the information or services made
available on this Web site or to supply any
corrections or updates in connection with
such information or services. Any limitations
or restrictions on liability in these Terms
of Use shall only apply to the extent permitted
by applicable law. In no event shall QWikquote
Express' total liability to you for all damages,
losses and causes of action (whether in contract
or tort, including but not limited to, negligence)
exceed the amount paid by you to QWikquote
Express, if any, for accessing this Web site.
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Ownership and Confidentiality Material
on this Web site, including but not limited
to text, images, illustrations, software,
audio clips and video clips, is owned or otherwise
provided by QWikquote Express or its licensees.
You acknowledge and warrant that information
or material which you provide electronically
through your access to or use of this Web
site is not confidential or exclusive, except
as may be required under applicable law, and
does not infringe the rights of any person
or entity. You further acknowledge that unprotected
e-mail communication over the Internet is
subject to possible interception, alteration
or loss. Visitors of this Web site may download
or copy the contents of this Web site or other
downloaded items for personal use only. Any
information or material contained on this
Web site that may be reproduced pursuant to
these terms must bear the proprietary rights
notices that originally appear in conjunction
with such information or material.
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Trademarks Trademarks, logos, service
marks and other intellectual property (collectively,
the "Marks") displayed on this Web
site are registered or unregistered Marks
of QWikquote Express, its affiliates or subsidiaries.
They are the property of their respective
owners and may not be used without written
permission from QWikquote Express or from
the owner of such Marks respectively. You
acquire absolutely no rights or licenses in
or to the Web site or the materials contained
within the Web site other than the limited
right to use the Web site in accordance with
these Terms of Use. Any sale, transmission
or redistribution of this Web site or its
content, and any copying, modification or
other use of this Web site or its content
for any purposes is strictly prohibited. You
agree to protect the proprietary rights of
QWikquote Express and all others having rights
in the Web site and to comply with all reasonable
written requests made by QWikquote Express
or its suppliers of content or otherwise ("Suppliers")
to protect their and others' contractual,
statutory and common law rights in the Web
site. You agree to provide QWikquote Express
with prompt written notice of any unauthorized
access or use of the Web site by any party
or of any claim that the Web site infringes
upon any copyright, trademark or other contractual,
statutory or common law rights. You may not
copy reproduce, recompile, decompile, disassemble,
reverse engineer, distribute, publish, display,
perform, modify, upload to create derivative
works from, transmit or in any way exploit
any part of the Web site, except as expressly
provided in these Terms of Use. You may not
circulate the contents of the Web site without
prior written consent. Modification of the
Web site content is a violation of QWikquote
Express' copyright and other proprietary rights.
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Links to Other Sites From time to
time, this Web site may provide links to certain
Web sites sponsored and maintained by third
parties. Such Web sites are publicly available
and QWikquote Express is providing access
to such Web sites solely as a convenience.
QWikquote Express has not reviewed and does
not expressly or implicitly endorse other
Web sites or any information or material,
or the accessibility thereof, via such links,
and does not assume any responsibility for
any such other Web sites, information or material
posted thereon, or products or services offered
thereon.
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Accuracy of Information While QWikquote
Express tries to update the information or
materials on this Web site as often as possible,
no assurance is given that information or
material on this Web site is up-to-date, accurate,
error-free or complete. This Web site is provided
for informational purposes and transacting
business. Except for these Terms of Use, this
Web site shall not create any legal relationship
between you and QWikquote Express unless you
have "clicked" on the designated
spaces on the user registration screen, in
which case the Privacy Policy, Password Agreement
and Electronic Transaction Agreement, and
all terms and conditions referred to therein,
shall govern your access and utilization of
this Web site.
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Viruses, Etc. QWikquote Express does
not represent or warrant that the information
or materials accessed from or through this
Web site will be uninterrupted or free of
errors, defects, viruses or other harmful
components, or that any such problems that
are discovered will be corrected.
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Damage to Others You agree not to
introduce to or through this Web site any
information or materials that may be harmful
to others. Among other things, you agree not
to include, knowingly or otherwise, any error
or defect in materials or information which
may, among other things, constitute libel,
slander, defamation or obscenity, or promote
hatred or otherwise give rise to a criminal
offense or civil liability on the part of
any person or entity. You will not use the
Web site for or any of the information contained
therein in unsolicited mailings or spam material.
You will not spam or send unsolicited mailings
to any person or entity using the Web site.
You agree to comply with any other applicable
terms and conditions set for the Web site.
You may not use this Web site for any illegal
purpose or in any manner inconsistent with
applicable law or this legal and privacy statement.
You may not offer any part of the Web site
for sale or distribute it over any other medium
including but not limited to television, radio,
broadcast, a computer network or hyperlink
framing on the Internet without the prior
written consent QWikquote Express.
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Reservation of Rights All rights not
expressly granted in these terms are reserved
to QWikquote Express. Nothing contained in
these terms shall be construed as conferring
by implication, estoppel or otherwise any
license or right under any copyright, patent,
trademark or other intellectual right of QWikquote
Express or any other person or entity. This
Web site is intended for both information
and commercial enterprises in certain specified
jurisdictions. Your ability to use this Web
site may be limited accordingly, and you should
contact us with any questions in this regard.
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Governing Law This site is controlled
and operated by QWikquote Express. These terms
shall be governed by the laws of Illinois
without reference to principles of conflicts
of laws. You agree to be bound by such laws
and to submit to the jurisdiction of the courts
of Illinois in connection with the interpretation
or application of these terms.
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Changes to Terms QWikquote Express
may modify, alter or otherwise update the
terms applicable to this Web site from time
to time without notice, and you agree to be
bound by such terms as are in effect at the
time at which you access this quetnetmedia.com
Web site.
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Survival These terms and conditions
apply while you are accessing the Web site
and remain in effect thereafter and shall
survive even if the Web site is no longer
accessible to you.
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Indemnification You agree, at your
own expense, to indemnify, defend and hold
harmless QWikquote Express, its parent, and
their respective directors, officers, employees,
subcontractors, agents, suppliers, and content
providers against any third party claim, suit,
action or other proceeding against them to
the extent that such claim, suit, action or
other proceeding is based on or arises in
connection with your use of the Web site.
This includes, but is not limited to:
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Your use or someone using your computer's
use of the Web site
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Your use or someone using any password you
may obtain
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A violation of the terms set forth in these
Terms of Use by you or anyone using your computer
or password
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A claim that any use of the Web site by you
or someone using your computer or password
infringes any intellectual property right
of any third party, is libelous or defamatory,
or otherwise results in injury or damage to
any third party
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Any deletions, additions, insertions or alterations
to, or any unauthorized use of the Web site
by you or someone using your computer or password
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Any misrepresentation or breach of representation
or warranty made by you contained herein or
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Any breach of any covenant or agreement to
be performed by you hereunder.
You agree to pay any and all costs, damages and
expenses, including, but not limited to, reasonable
attorneys' fees and costs in connection with or
arising from any such claim, suit, action or proceeding. |