Terms of Use

Terms of Use

These Terms of Use were last updated on [February 8, 2010].

Version [1.1]

PLEASE READ CAREFULLY!

BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

1. Introduction

These terms of use (“Terms of Use”) are for the Quorum web site located at http://www.qbsol.com (the “Web Site”). By using the Web Site, you agree to the Terms of Use presented here. If you do not agree, you should not use the Web Site.

2. Modifications

These Terms of Use may be changed or updated from time to time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on this Web Site. Please check these Terms of Use periodically for changes. Your continued use of this Web Site following the posting of changes to the Terms of Use constitutes acceptance of those changes.

3. Contact

If you have any questions about these Terms of Use or about Quorum, you can contact us at: info@qbsol.com

4. Definitions

The Web Site is the site operated by Schipul at the Internet address you are now visiting.

“You” or “you” refers to any user of the Web Site.

“Quorum”, “we” or “us” refers to collectively, Quorum Business Solutions, Inc., and its respective affiliates and subsidiaries, Quorum Business Solutions (USA), Inc., Quorum Business Solutions (Canada), Inc., and Integra Solutions, Inc.

5. Scope of Use

Quorum invites you to view, use, display, and download portions of the Web Site (the “Content”), for your informational, noncommercial use; provided that you leave intact the associated trademarks, service marks, copyrights, and other proprietary notices. Except as expressly provided in these Terms of Use, you may not copy, modify, reproduce, perform, display, create derivative works from, distribute, transmit, license, or sell any (a) Content; (b) design, layout, or any other portion of the Web Site; or (c) Quorum’s trademarks, service marks or logos without Quorum’s prior written permission.

6. Rules of Conduct

Certain areas of the Web Site may permit you to upload, e-mail or transmit Content, or otherwise interact with the Web Site. It is a violation of these Terms of Use for any user (including you), when using the Web Site to:

(a) use the Web Site for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any Quorum service providers;

(b) copy, sell, resell or exploit for commercial purposes, any portion of the Web Site, provided that you may use items of Content in accordance with the Scope of Use section above;

(c) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information;

(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site;

(e) use any robot, spider, other automatic device, or manual process to monitor or copy any Web Site pages or any content without Quorum’s prior express written permission;

(f) take any action that imposes an unreasonable or disproportionately large load on Quorum’s infrastructure, as determined by Quorum in its own discretion;

(g) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of the Web Site or of any software provided by Quorum or its licensors to use the Web Site; or

(h) assist or permit any persons in engaging in any of the activities described above.

7. User Representation

Each time you access or use the Web Site, you represent and warrant to Quorum that you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations hereunder.

8. Third party References

Any description or reference to non-Quorum entities or their respective products or services on the Web Site is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by Quorum, nor shall it constitute any endorsement or recommendation of Quorum or this Web Site by the non-Quorum entities referenced in the Web Site. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect the views, findings or opinions of Quorum.

9. Products and Services

Display of an item or service on the Web Site is not a guarantee that the item is currently in stock or that the item or service will be available on the Web Site when you visit again.

10. No Warranties

THE information CONTAINED IN THE WEB SITE is provided for informational purposes only and is not meant to be a substitute for advice provided by a qualified EXPERT.

THE WEB SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THE WEB SITES (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION OR QUIET ENJOYMENT. QUORUM MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEB SITE. THE MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ARE RESPONSIBLE FOR VERIFYING ANY OF THE MATERIALS BEFORE RELYING ON IT.

QUORUM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

11. Limitation of Liability

YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. QUORUM, ON BEHALF OF ITSELF, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND OTHER AGENTS, SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS, EVEN IF QUORUM OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, RELIANCE BY ANY PARTY ON MATERIALS OBTAINED THROUGH THE USE OF THE WEB SITE, LOST DATA, OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THE WEB SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEB SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold Quorum, its participating organizations and each party’s respective trustees, directors, officers, contractors and other agents, partners and employees harmless from any claim, action, demand, loss or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Web Site, any violation of these Terms of Use by you, or any violation of any rights of any person by you.

13. Proprietary Rights

All trademarks on the Web Site are the property of their respective owners. Unauthorized use of any Quorum trademarks, service marks, or logos may be a violation of federal and state trademark laws. Quorum and/or its licensors own all intellectual property rights in the Web Site. The Web Site is protected by U.S. and international copyright laws.

14. Termination of Usage

Quorum may terminate your access, or suspend your access to all or part of the Web Site, immediately without notice, for any conduct that Quorum, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third party provider, a service provider, or Quorum. Upon termination, you must cease use of the Web Site and destroy all materials obtained from the Web Site and all copies thereof, whether made under these Terms of Use or otherwise.

15. Links

The Web Site may contain links to web sites operated by other parties. The linked sites are not under the control of Quorum, and Quorum is not responsible for the contents available on any other Internet sites linked to the Web Site. Such links do not imply Quorum’s endorsement of material on any other site, and Quorum disclaims all liability with regard to your access to such linked sites, including any web-casting or any other transmission received from any such linked site. Quorum provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Web Site is at your own risk.

Unless otherwise set forth in a written agreement between you and Quorum, you must adhere to Quorum’s linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with Quorum’s names and trademarks; (ii) the link must “point” to the URL http://www.qbsol.com and not to other web pages within the Web Site (unless you receive prior written permission from Quorum to do so); (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Quorum; (iv) when selected by a user, the link must display the Web Site on full-screen and not within a “frame” on the linking web site; and (v) Quorum reserves the right to revoke its consent to the link at any time and in its sole discretion.

16. E-mail, Web Submission, and Security

E-mail submissions and submissions via web forms over the Internet may not be secure. Please consider this fact before sending any personal or confidential information over the Internet by any means. You acknowledge and agree that any files or other materials obtained from or through the Web Site are not guaranteed to be free from computer viruses or other harmful defects.

17. Privacy

Quorum respects your desire for privacy. Quorum’s privacy policy (“Privacy Policy”) can be found at http://www.qbsol.com/policy. By using the Web Site, you are consenting to the terms of the Privacy Policy. Users under 13 years of age may not access or use the Web Site.

18. Violations

Quorum reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to the Web Site.

19. Governing Law

The laws of the State of Texas applicable to contracts made and entirely to be performed within such state shall govern these Terms of Use. This Web Site is operated by Schipul from the United States of America.

20. Miscellaneous

Quorum makes no representation that the information in the Web Site is appropriate or available for use in other locations, and access to the Web Site from territories where the content of the Web Site may be illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Quorum’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Quorum’s right to subsequently enforce such provision or any other provisions of these Terms of Use. These Terms of Use constitute the entire agreement between Quorum and you with respect to the Web Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.