Effective Date November 1, 2022
We are constantly trying to improve our Services, so the TOU may need to be changed along with the Services. We reserve the right to change the TOU at any time, but if we do, we will bring it to your attention by placing a Notice on the website, by sending you an email, and/or by some other means.
If you don’t agree with the new TOU, you are free to reject them; unfortunately that means you will no longer be able to use the Services. If you use the Services in any way after a change in the TOU is effective , that means you agree to all of the changes.
The Qdeck.com Website
3. If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you.
4. The website provides general information only. The information contained therein does not constitute investment, financial, or tax advice and should not be relied upon as such.
Access Subject to Local Regulation
5. This website is not intended for use within any jurisdiction, or use by any person, where such use would constitute a violation of law or regulation or would subject Qdeck to any additional registration requirement within such jurisdiction.
6. These website materials are protected by copyright, trademark and other forms of proprietary rights. All information and content is owned or controlled by Qdeck or the party credited as the provider of the content. Except as specifically permitted herein, nothing contained in these TOU themselves grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo, or service mark contained in these TOU, including without limitation the name or logo of Qdeck. Qdeck reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all of its website materials.
7. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the website without Qdeck’s express written consent.
Third Party Websites
8. The use of the Qdeck website materials are at your own risk. Qdeck is not responsible for the content of any third party sites linked to these materials and disclaims liability that may arise from the use of or reliance on any information, materials, products or services offered or controlled by such third party sites. Qdeck is not responsible for the privacy practices of such other parties or their websites. Your use of any third party site pages or other materials is at your own risk. Qdeck’s inclusion of links to other materials/websites does not imply any endorsement of such material located on or linked to by such websites.
9. Qdeck makes no representations or warranties, express or implied, regarding the accuracy, reliability, completeness, suitability, or other characteristics of the information and materials contained on or presented through our website. Any content is subject to change without notice. All information and materials are provided “as is,” without warranty of any kind. Qdeck further fully disclaims all warranties and conditions with regard to such information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
10. No information on this website constitutes business, financial, investment, trading, tax, legal, regulatory, accounting or any other advice. If you are unsure about the meaning of any information provided, please consult your financial or other professional adviser.
11. In no event shall Qdeck be liable for any claims, liabilities, losses, costs or damages, including (i) direct, indirect, punitive, incidental, special or consequential damages or (ii) loss of profit, business, business opportunity or business interruption or loss of data, arising out of or in any way connected with (a) delay in operation or transmission, error, omission or interruption of the supply of these website materials; (b) defect or failure of any computer facilities, hardware or software; (c) computer virus or any theft, alteration, destruction or unauthorized access to or use of information; (d) any information and materials obtained through these website materials, including any links to third party content; or (e) otherwise arising out of the use of this website, whether based on theories arising in contract, tort, strict liability, negligence or otherwise. These limitations apply even if Qdeck has been advised of the possibility of claims, liabilities, losses, costs or damages or could have foreseen them.
DISCLAIMER OF WARRANTIES
12. You understand that we cannot and do not guarantee or warrant that files available from our website will be free of viruses or other destructive code. You are responsible for implementing specific procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS CAUSED BY A DISTRIBUTION DENIAL-OF-SERVICE ATTACK, VIRUSES OR THE TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DURING YOUR USE OF OUR WEBSITE MATERIALS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM.
13. YOUR USE OF THE WEBSITE MATERIALS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEITHER QDECK OR ANY PERSON ASSOCIATED WITH QDECK MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE MATERIALS ARE OR WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE MATERIALS MEETS YOUR NEEDS OR EXPECTATIONS.
14. TO THE FULLEST EXTENT PROVIDED BY LAW, QDECK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION ON LIABILITY
15. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL QDECK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE MATERIALS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL STRESS OR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
16. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
20. All matters relating to these TOU, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule of any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these TOU, shall, if allowed, be brought in Washington State or via a remote venue.
LIMITATION ON TIME TO FILE CLAIMS
22. No waiver by Qdeck of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
23. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these TOU will continue in force and effect.