MyQuali Terms Of Use & IP / Copyright Notices

These terms and notices apply to MyQuali customers.

DEFINITIONS

Domain name: A domain name is a website’s address on the Internet. Domain names identify which server a specific webpage belongs to. The domain name consists of a hierarchical sequence of names (labels) separated by periods (dots) and ending with an extension, for example, .com, .net, or .org,.

Domain name registrar: A domain name registrar provides domain name registrations to the general public. Domain names are owned by registries and leased by users (domain name registrants).

Domain name registrant: A domain name registrant is an individual or entity who registers a domain name. Upon registration of a domain name, a registrant enters into a contract with a registrar. The contract describes the terms under which the registrar agrees to register and maintain the requested name. After registration, registrants manage their domain name settings through their registrar.

AGREEMENT BETWEEN YOU AND MyQuali.

The MyQuali Service is comprised of various Web sites and Web pages operated by MyQuali.COM or its affiliates (collectively, the “MyQuali Web Sites”).

The MyQuali Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MyQuali Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MyQuali Web Site included within the MyQuali Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”).

For the terms and conditions that govern these additional MyQuali web sites and/or services, please see below. Additionally, the MyQuali Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MyQuali Web Site, then these terms shall control.

NO REFUNDS

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MyQuali SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MyQuali SITES/SERVICES.

DOMAIN NAME REGISTRATIONS WITH THIRD PARTY REGISTRARS

YOU AGREE THAT MAINTAINING YOUR DOMAIN NAME REGISTRATION(S) WITH A THIRD PARTY REGISTRAR IS YOUR RESPONSIBILITY. MyQuali does not monitor the status of domains that are registered with third party registrars. MyQuali will not issue a refund if your website, email, or other services become inaccessible due to your expired domain name registration with a third party registrar.

FORCE MAJEURE

MyQuali shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond MyQuali’s control including, but not limited to, acts of God, war, terrorism, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at https://www.MyQuali.com/terms-of-service for disclosures relating to the collection and use of your information.

ACCOUNT, PASSWORD, AND SECURITY

If a particular MyQuali Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then may also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MyQuali immediately of any unauthorized use of your account or any other breach of security. MyQualiwill not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MyQuali or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

MyQuali reserves the right to change the terms, conditions, and notices under which the MyQuali Service are offered, including but not limited to the charges associated with the use of the MyQualiService. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the MyQualiService constitutes your agreement to all such terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

The MyQuali Service may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of MyQuali and MyQuali is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MyQuali is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MyQuali responsible if the Linked Site is not working appropriately. MyQuali is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyQuali of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within theMyQuali Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MyQuali shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MyQuali Service, you will not use the MyQuali Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MyQualiService in any manner which could damage, disable, overburden, or impair any MyQualie Site/Service(s) (or the network(s) connected to any MyQuali Site/Service(s)) or interfere with any other party’s use and enjoyment of any MyQuali Site/Service(s). You may not attempt to gain unauthorized access to any MyQualiSite/Service, other accounts, computer systems or networks connected to any MyQuali Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MyQuali Service.

USE OF SERVICES

The MyQuali Service may contain e-mail services, web pages and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

– Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

– Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

– Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

– Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

– Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

– Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

– Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

– Restrict or inhibit any other user from using and enjoying the Communication Services. – Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. – Harvest or otherwise collect information about others, including e-mail addresses.

– Violate any applicable laws or regulations.

– Create a false identity for the purpose of misleading others.

– Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an MyQuali Site/Service(s) or other user or usage information or any portion thereof.

MyQuali has no obligation to monitor the Communication Services. However, MyQuali reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MyQuali reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

MYQUALI reserves the right at all times to disclose any information as MYQUALI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MYQUALI’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MYQUALI does not control or endorse the content, messages or information found in any Communication Service and, therefore, MYQUALI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MYQUALI spokespersons, and their views do not necessarily reflect those of MYQUALI.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MYQUALI OR POSTED AT ANY MyQuali WEB SITE

MYQUALI does not claim ownership of the materials you provide to MYQUALI (including feedback and suggestions) or post, upload, input or submit to any MyQuali Service or its associated services for review by the general public (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MYQUALI, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE MyQuali SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the MyQuali Service, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of MYQUALI and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, MYQUALI hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular MyQuali Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MyQuali SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MyQuali SITES/SERVICES AND TO THE INFORMATION THEREIN. MYQUALI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MyQuali SITES/SERVICES AT ANY TIME.

YOU SPECIFICALLY AGREE THAT MYQUALI AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR REFUNDS IF YOUR WEBSITE, EMAIL, OR OTHER SERVICES BECOME INACCESSIBLE DUE TO YOUR EXPIRED DOMAIN NAME REGISTRATION WITH A THIRD PARTY REGISTRAR.

ADVICE RECEIVED VIA THE MyQuali SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MYQUALI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MyQuali SITES/SERVICES FOR ANY PURPOSE INCLUDING COMPLIANCE WITH FEDERAL, STATE OR LOCAL STATUTES INCLUDING BUT NOT LIMITED TO FHA (FAIR HOUSING ACT OF 1990) AND ADA (AMERICANS WITH DISABILITIES ACT).

ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MYQUALI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT MYQUALI SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MyQuali SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MYQUALI IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

YOU SPECIFICALLY AGREE THAT MYQUALI IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MyQuali SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL MYQUALI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MyQuali SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MyQuali SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MyQuali SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MyQuali SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYQUALI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MYQUALI HAS STRIVED TO CREATE THE MYQUALI WEB SITES IN SUCH A MANNER AS TO MAKE THEM ACCESSIBLE TO PERSONS WITH COMMUNICATION DISORDERS; HOWEVER, SINCE THERE ARE CURRENTLY NO FORMAL FEDERAL OR STATE REGULATIONS DEFINING SPECIFICALLY WHAT A COMPLIANT WEBSITE IS OR LOOKS LIKE, OTHER THAN THAT IT SHOULD BE INDEPENDENTLY USABLE BY PERSONS WITH COMMUNICATION DISABILITIES, MYQUALI ASSUMES NO RESPONSIBILITY FOR ANY CLAIM, EITHER IN A COURT OF LAW OR BY WAY OF A DEMAND LETTER OR SIMILAR MEANS, REGARDING THE ACCESSIBILITY OF THE MYQUALI WEBSITES OR YOUR PUBLIC FACING WEBSITE USING THE MYQUALI PLATFORM. IF SUCH A CLAIM IS MADE AGAINST YOU OR MYQUALI RELATED TO YOUR PUBLIC FACING WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY MYQUALI FOR ALL PURPOSES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MyQuali SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MyQuali SITES/SERVICES.

GENERAL TERMS REGARDING USE AND STORAGE

You agree that MYQUALI may establish limits concerning use of any service offered on an MyQuali Service, including without limitation, the maximum number of days that data or files will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on MYQUALI’s servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

You agree that MYQUALI has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that MYQUALI reserves the right to delete accounts that are inactive for an extended period of time.

MYQUALI MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: support (at) MyQuali (dot) net or 1-888-320-2922

ARBITRATION

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

TERMINATION/ACCESS RESTRICTION

MYQUALI reserves the right, in its sole discretion, to terminate your access to any or all MyQuali Service and the related services or any portion thereof at any time, without notice. Upon termination of the MyQuali Site/Service, your right to use the MyQuali Site/Service immediately ceases. MYQUALI shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

MYQUALI will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. You agree to pay MYQUALI’s actual damages, to the extent such actual damages can be reasonably calculated.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

GENERAL

This agreement is governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Monroe County, Florida, U.S.A. in all disputes arising out of or relating to the use of the MyQuali Service. Use of the MyQuali Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MYQUALI as a result of this agreement or use of the MyQuali Service. You agree to indemnify and hold MYQUALI, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the MyQuali Service. MYQUALI reserves the right to disclose any personal information about you or your use of the MyQuali Service, including its contents, without your prior permission if MYQUALI has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MYQUALI or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MYQUALI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MYQUALI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MyQuali Service or information provided to or gathered by MYQUALI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MYQUALI with respect to the MyQuali Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MYQUALI with respect to the MyQuali Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MyQuali Web Sites are: Copyright © MYQUALI and/or its suppliers, P.O. Box 4043 Key West, Florida 33041-4043 U.S.A. All rights reserved.

TRADEMARKS.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

PICTURES

In addition to the warranty and representation set forth in the section, Materials Provided to MYQUALI or Posted at any MyQuali Web Site, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Pictures”), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the MyQuali Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting to the general public permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any MyQuali Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the MyQuali Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.

INTELLECTUAL PROPERTY NOTICES

All contents of the MyQuali Web Site are: Copyrighted by MYQUALI and/or its suppliers, c/o MYQUALI, P.O. Box 4043 Key West, Florida 33041-4043 U.S.A. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people, and events depicted herein may be fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. MYQUALI may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the MyQuali Service, including the Web pages that are part of the MyQuali Service. Except as expressly provided in these Terms of Use, the provision of the MyQuali Service and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.