Unless otherwise indicated, the Site and all content and services, including, without limitation, the Qumulex logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Qumulex or its licensors or users.
Acceptance of Terms
The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided “AS IS” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Qumulex disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and materials contained therein.
All rights not expressly granted are reserved.
Restrictions on Use
You agree not to use the Site to publish, upload, post, email, transmit or otherwise make available any content that (a) you do not have the right to make available; (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party; (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise; or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property. In addition, you agree not to (a) defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity; (b) impersonate any person or entity, including, but not limited to, a Qumulex employee or any other third-party, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content; (d) download any file or content posted by another user that you know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner; (e) copy, translate, create derivative works of, reverse engineer, reverse assemble, disassemble, or decompile the Site or any part thereof or otherwise attempt to discover any source code of modify the Site in any manner or form; (f) use unauthorized modified versions of the Site, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site; or (g) violate any applicable local, state, national or international law and any regulations; harvest, collect, or store personal information or data of other visitors.
Third-Party Content, Products, and Service
Qumulex may provide third-party content on the Site and links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no guarantee as to its accuracy or completeness. You acknowledge and agree that Qumulex is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk.
Exclusion of Software Warranties
We do not guarantee or warrant any features or qualities of the Site or its content or give any undertaking with regard to any other quality. Statements and explanations to the Site, its content, and promotional materials are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a visitor from any content advertisement except to the extent we have expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Qumulex’s management.
We do not represent or endorse the accuracy or reliability of any (a) links to web-pages of third-parties contained on the Site, or the content obtainable on such web-pages or (b) any information provided by third-parties on the Site. We will not permanently control and/or review the linked web-pages and the information provided by third-parties but upon sufficiently proven indication will remove the respective link and/or information. We are not be liable for damages caused by the use of the content and/or information.
Limitation of Liability
IN NO EVENT WILL QUMULEX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ACCESS TO THE SITE OR THE CONTENT CONTAINED HEREIN; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, OR (IV) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SITE, EVEN IF QUMULEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Our Policy Toward Children
Qumulex is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Site is not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with personal or contact information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files immediately.
9059 Technology Ln
Fishers, IN 46038 USA