1. SCOPE OF AGREEMENT
2. QUALTIK INTELLECTUAL PROPERTY
Qualtik Inc. retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“Qualtik Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Qualtik, including Qualtik’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”).
You have no rights in or to such Qualtik Content or Trademarks and you will not use any Qualtik Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Qualtik Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display Qualtik’s Trademarks in any manner without Qualtik’s prior written consent. Unless we specifically consent in writing, Qualtik’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Qualtik.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Sites from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Site.
4. LIMITATION OF LIABILITY
Under no circumstances shall Qualtik be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Sites or the information contained in the Sites; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Sites, even if advised of the possibility of such damages.
Qualtik may immediately suspend access to the Site for any reason. Termination of your access to the Sites may be effected without prior notice. Qualtik will not be liable to you or any third-party for termination of your access to the Site.
Your use of the Site does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and Qualtik. Use of the Site does not provide you with the authority to enter into any agreements for or on behalf of Qualtik. Moreover, use of the Site does not grant you the authority, either express or implied, to incur obligations or liability on behalf of Qualtik. By using the Site, you agree that no attempts to subject Qualtik to any such obligations or liability will be made.
Failure by Qualtik to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
8. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon, U.S.A., without regard to its conflict of laws rules. You agree that you will notify Qualtik in writing of any claim or dispute concerning or relating to your use of the Site and give Qualtik a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Qualtik. You agree to submit to the personal jurisdiction of the state and federal courts located in the City of Portland, OR, U.S.A.
9. OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Qualtik. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
10. ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Qualtik reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that Qualtik will not be liable to you or any third party for any modifications to the Agreement.
13. SECTION HEADINGS
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.