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Qualtrax Terms of Use

LAST MODIFIED 1-30-2016

Welcome to the websites of Qualtrax, www.qualtrax.com (referenced herein jointly and severally as the “Site”). The Site provides content and information about Qualtrax products and services and enables visitors to ask questions and seek information about Qualtrax products and services. Your use of the Site is subject to the conditions set forth in this document and the Qualtrax Privacy Policy. By visiting the Site, you accept and become bound by these Terms of Use. Please read them carefully, and also read the Qualtrax Privacy Policy, which governs Qualtrax’s collection, use, disclosure and storage of visitor information.

ELIGIBILITY

The Site is intended solely for individuals who are 13 years of age or older. Any registration by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you warrant and represent that you are 13 years of age or older and that you agree to and agree to abide by the terms and conditions of this Terms of Use document.

REGISTRATION

In order to use certain features of the Site such as seeking product or services information, you may be required to provide certain information about yourself, such as your e-mail address, your company name, your company’s mailing address and your work telephone number. You agree to provide accurate, current and complete information about yourself that is requested by the Qualtrax registration forms (“Registration Data”); (b) maintain and update the Registration Data to keep it accurate and complete; and (c) be fully responsible for all use of the Site under your name or e-mail address.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Qualtrax or its licensors or content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Qualtrax and protected by U.S. and international copyright laws. All software used on this site is the property of Qualtrax or its suppliers and protected by United States and international copyright laws. Except as expressly provided in the License and Site Access section below, no content on the Site may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means without Qualtrax’s written permission, except that the foregoing restriction does not apply to content that you provide to us. If you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site’s content as set forth in the License and Site Access section below.

TRADEMARKS

Qualtrax and other marks indicated on our site are trademarks of Qualtrax. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Qualtrax or its affiliates. Qualtrax’s trademarks and trade dress may not be used in connection with any product or service that is not Qualtrax’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Qualtrax. All other trademarks not owned by Qualtrax that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Qualtrax.

LICENSE AND SITE ACCESS

Qualtrax grants you a limited license to access and make personal use of the Site. This license does not include any rights to resell or make commercial use of the Site or its contents; to collect or use postings for any purposes other than those expressly permitted by the Site; to make any derivative commercial use of the Site or its contents; or to use any data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Qualtrax. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Qualtrax without express written consent. You may not use any meta tags or any other “hidden text” utilizing Qualtrax’s name or trademarks without the express written consent of Qualtrax. Any unauthorized use terminates the permissions and licenses granted by Qualtrax. You may not use any Qualtrax logo or other proprietary graphic or trademark as part of any link to Qualtrax without express written permission. Further, you agree that you will not circumvent, disable or otherwise interfere with security-related features of Qualtrax.

Use of the Site in violation of this license may result in immediate termination of your account and/or the pursuit by Qualtrax of any other applicable legal or equitable remedies.

COPYRIGHT COMPLAINTS

Complaints that any material posted on the Site infringes a third party copyright generally are governed by the Digital Millenium Copyright Act (“DMCA”) which specifies certain procedures that must be followed by the complaining party and Qualtrax. These procedures are detailed below and must be followed by any party seeking to have allegedly infringing content removed (or contesting such removal) from the Site. Please note that all statements and representations made in the notice and counter-notice below are made under oath and that any false statements or material misrepresentations may subject the party making such statements to liability, including prosecution for perjury.

A. Notice and Take-down Request. If you are a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further detail):

  • A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Qualtrax to locate the material (for instance, by supplying the URL of the page within the Site where the material that is the subject of the notice is located);
  • Information sufficient to permit Qualtrax to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work or works are being infringed.

Qualtrax’s designated Copyright Agent to receive notifications of claimed infringement may be reached at the following e-mail and physical address:

hello@qualtrax.com, 105 E Roanoke Street, Blacksburg, VA 24060

You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice may not be valid. Please note that if you submit a false claim or materially misrepresent that content on the Site is infringing, you may be liable for damages, including court costs and attorneys fees.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content at issue, you may send a counter-notice containing the following information to Qualtrax’s Copyright Agent at the physical and/or e-mail address set forth in Section A above:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and thelocation within the Site at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Copyright Agent, Qualtrax may send a copy of the counter-notice to the original complaining party informing that person that Qualtrax may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Qualtrax’s sole discretion.DISCLAIMERS, DISCLAIMERS OF WARRANTIES AND

LIMITATION OF LIABILITY

Qualtrax is not responsible or liable in any manner for any third party content, applications, software or content posted on or communicated within the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for any third party applications, software or content.The Site may be temporarily unavailable from time to time for maintenance or other reasons. Qualtrax assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, visitor or registered user communications. Qualtrax is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site or any combination thereof, including injury or damage to the computer of any registered user or visitor or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will Qualtrax be responsible for any loss or damage, including any loss or damage to any content posted by visitors, or personal injury or death, resulting from anyone’s use of the Site or any content posted on or through the Site or transmitted to visitors, or any interactions between visitors to the Site, whether online or offline.

THIS SITE IS PROVIDED BY QUALTRAX ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUALTRAX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. QUALTRAX RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE SITE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUALTRAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUALTRAX DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUALTRAX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF QUALTRAX IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUALTRAX’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO QUALTRAX FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM QUALTRAX, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR

ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Qualtrax reserves the right to change any and all content, software and other items used or contained in the Site at any time and without notice.

APPLICABLE LAW

By visiting the Site, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Qualtrax or its affiliates. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in Roanoke, Virginia.

TERMINATION

Qualtrax may terminate your access and/or prohibit you from using or accessing the Site or any portion thereof for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under age 13.

INDEMNITY

You agree to indemnify and hold Qualtrax, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Site, your conduct in connection with the Site or with other visitors to the Site, or any violation of this Agreement or of any law or the rights of any third party.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies (including, without limitation, our Privacy Policy). These policies also govern your visit to and use of the Site. We reserve the right to make changes to the Site, our policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.