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Terms of Use

Acceptance of terms

Quentin Sager Consulting Incorporated ("QSCI") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, databases, and products available through the Site (collectively, the "Materials") and all services operated by QSCI through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

QSCI may revise these Terms of Use at any time by updating this posting. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" through it's link on the Site's web pages to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Types of users

Certain activities on this Site are available only to persons who are covered under a paid or trial subscription agreement with QSCI ("Subscribers") and persons invited by Subscribers to participate in such activities.

Intellectual property; limited license to users

The Materials, and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, QSCI does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services. When using Services on this Site that are offered by QSCI, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

Use of software and databases. The software and databases (the "Product(s)"), and accompanying documentation that are made available to download from this Site are the copyrighted work of QSCI. Use of the Products is governed by the terms of the license agreement that accompanies or is included with such Products. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any Product that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the Products. Absent a license agreement that accompanies the Products, use of the Products will be governed by the Terms of Use. REPRODUCTION OR REDISTRIBUTION OF THE PRODUCTS IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

Links to third-party Web sites

Links on this Site to third-party Web sites are provided solely as a convenience to you. If you use these links, you will leave this Site. QSCI does not control and is not responsible for any of these sites or their content. Thus, QSCI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Web sites linked to this Site, you do this entirely at your own risk.

Linking to this site

You may create links to this Site from other sites provided the linking site:

  • links to but does not replicate the Site's content
  • does not create a browser or border environment around the Site's content
  • does not imply that the Site is endorsing it or its products
  • does not misrepresent its relationship with the Site
  • does not present false information about the Site's products or services
  • does not use the Site's logo without permission from QSCI
  • does not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

Trademarks

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of QSCI or other third parties. You are not permitted to use the Marks without the prior written consent of QSCI or such third party that may own the Marks.

DataNetworkSource and the DataNetworkSource logo are trademarks of Quentin Sager Consulting Incorporated.

Procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Notification should be mailed to

Copyright Agent
Quentin Sager Consulting, Inc.
20429 Ring Neck Road
Altoona, FL 32702
USA

or sent via e-mail to http://www.datanetworksource.com/contact.htm.

WARRANTIES AND DISCLAIMERS

IN NO EVENT WILL QSCI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

QSCI MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUFFICIENCY, ACCURACY, OR UTILITY OF ANY INFORMATION OR OPINION CONTAINED OR REFERENCED ON THIS WEB SITE. QSCI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND QSCI EXPRESSLY ADVISES THAT ANY USE OF OR RELIANCE UPON SAID INFORMATION OR OPINION IS AT THE RISK OF THE USER. SUCH INFORMATION IS PROVIDED "AS IS." BY WAY OF ILLUSTRATION AND NOT LIMITATION, QSCI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY, (2) OF FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF QSCI HAS BEEN MADE AWARE OF SUCH PURPOSE), (3) AGAINST INFRINGEMENT OF PATENTS OR INTELLECTUAL PROPERTY RIGHTS (EVEN IF QSCI HAS BEEN MADE AWARE OF SUCH INFRINGEMENT), (4) DATA INTEGRITY AND INTEROPERABILITY, AND (5) SAID TO ARISE AS A RESULT OF CUSTOM AND USAGE.

THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

International users

This Site can be accessed from countries around the world and may contain references to QSCI products, services, and programs that are not available in your country. These references do not imply that QSCI intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by QSCI from its offices within the United States of America. QSCI makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Personal information and privacy

Personally identifiable information that you submit to QSCI for the purpose of receiving products or services will be handled in accordance with the QSCI online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of QSCI or others, or as stated in our Privacy Policy.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL QSCI, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT QSCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Export control laws; notice to U.S. government users

The export and re-export of QSCI Products are controlled by the United States Export Administration Regulations, and such Products may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, QSCI Products may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading an QSCI Products you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All QSCI Products and publications are commercial in nature. The Products and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Indemnity and liability

You agree to indemnify and hold QSCI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing law and jurisdiction

This Site is controlled by QSCI from its offices within the state of Florida, United States of America. By accessing this Site, you and QSCI agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between QSCI and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by QSCI to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.