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 Terms of the QualityStream Service

 

Welcome! By using QualityStream's services ("QualityStream Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").

 

Content Linked to by QualityStream

The sites displayed as search results or linked to by QualityStream Services are developed by people over whom QualityStream exercises no control. The search results that appear from QualityStream's indices are indexed by QualityStream's automated machinery and computers. A search using QualityStream Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a QualityStream search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the QualityStream Services.

Personal Use Only

The QualityStream Services are made available for your personal, non-commercial use only. You may not use the QualityStream Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a QualityStream search and reformat and display them, or mirror the QualityStream home page or results pages on your Web site. You may not "meta-search" QualityStream. If you want to make commercial use of the QualityStream Services, you must enter into an agreement with QualityStream to do so in advance. Please, put your request here for more information.

If you are interested in adding a QualityStream link to your web site or your company's web site, while asking to be listed on the QualityStream.com web site, please, put your request here

 

Changes In Terms and Conditions and QualityStream Search Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Disclaimer of Warranties

QualityStream disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the QUALITYSTREAM SERVICES results. QualityStream disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. QualityStream disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the QUALITYSTREAM SERVICES.

THE QUALITYSTREAM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE QUALITYSTREAM SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. QUALITYSTREAM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. QUALITYSTREAM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE QUALITYSTREAM SERVICES. QUALITYSTREAM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE QUALITYSTREAM SERVICES. QUALITYSTREAM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QUALITYSTREAM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE QUALITYSTREAM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE QUALITYSTREAM SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE QUALITYSTREAM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL QUALITYSTREAM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE QUALITYSTREAM SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF QUALITYSTREAM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE QUALITYSTREAM SERVICES, FROM INABILITY TO USE THE QUALITYSTREAM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE QUALITYSTREAM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QUALITYSTREAM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE QUALITYSTREAM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE QUALITYSTREAM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE QUALITYSTREAM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE QUALITYSTREAM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE QUALITYSTREAM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall QualityStream or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

Requests for Removal of Links

QualityStream occasionally receives requests from people to remove links from its indices and web site selections. Although QualityStream reserves the right to address such requests individually, the general approach that QualityStream takes reflects the following principles:

QualityStream's indices and web site selections consist of information that has been identified, indexed and compiled through an automated process together with review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, QualityStream cannot and does not screen anything made available through its listing services. For each web site reflected in QualityStream's indices and web selections, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, QualityStream would consider on a case-by-case basis requests to remove the link to that site from its indices and web site selections. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to scout the worldwide web and create the indices are likely to find that site and index it again in a relatively short amount of time.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by QualityStream representatives.

 

 

 



 
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