All contents of this Web Site are: Copyright 2016 Quarksoft, LLC. All rights reserved.
Quarksoft and TechWriter are the registered trademarks of Quarksoft, LLC
The names of other companies and products mentioned herein
may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
AGREEMENT BETWEEN USER AND QUARKSOFT
This Web Site is comprised of various Web pages operated by Quarksoft, LLC
The Web Site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the Web
Site constitutes your agreement to all such terms, conditions, and notices.
Quarksoft, LLC reserves the right to change the terms, conditions, and notices under which
the Web Site is offered, including but not limited to the charges associated
with the use of the Web Site.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of Quarksoft, LLC and Quarksoft, LLC 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. Quarksoft, LLC is not responsible for webcasting
or any other form of transmission received from any Linked Site. Quarksoft, LLC is providing
these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Quarksoft, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Quarksoft Web Site, you warrant to Quarksoft that you
will not use the Quarksoft Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Quarksoft Web Site in any
manner which could damage, disable, overburden, or impair the Quarksoft Web Site or
interfere with any other party's use and enjoyment of the Quarksoft Web Site. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Quarksoft Web Sites.
USE OF COMMUNICATION SERVICES
The Quarksoft Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and
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:
- 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.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- 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,
without their consent.
- Violate any applicable laws or regulations.
Quarksoft has no obligation to monitor the Communication Services. However, Quarksoft reserves
the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Quarksoft reserves the right to terminate your access
to any or all of the Communication Services at any time without notice for any reason
Quarksoft reserves the right at all times to disclose any information as 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 Quarksoft's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Quarksoft does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, Quarksoft 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 Quarksoft spokespersons, and their views
do not necessarily reflect those of Quarksoft.
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 QUARKSOFT OR POSTED AT ANY QUARKSOFT WEB SITE
Quarksoft does not claim ownership of the materials you provide to Quarksoft (including
feedback and suggestions) or post, upload, input or submit to any Quarksoft Web Site
or its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Quarksoft, 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. Quarksoft is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Quarksoft's sole discretion.
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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE QUARKSOFT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUARKSOFT AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE QUARKSOFT WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE QUARKSOFT WEB SITE 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.
QUARKSOFT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE QUARKSOFT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
QUARKSOFT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUARKSOFT 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 QUARKSOFT WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
QUARKSOFT WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE QUARKSOFT WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE QUARKSOFT WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF QUARKSOFT 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.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE QUARKSOFT WEB SITE, OR WITH ANY OF THESE
Quarksoft reserves the right, in its sole discretion, to terminate your access to the
Quarksoft Web Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed
by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in the State of Ohio in all disputes arising
out of or relating to the use of the Quarksoft Web Site. Use of the Quarksoft Web Site 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 Quarksoft as a result of this agreement or use of the Quarksoft Web Site. Quarksoft's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Quarksoft's right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the Quarksoft Web Site or information provided to or gathered by Quarksoft 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 Quarksoft with respect to the Quarksoft Web Site
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Quarksoft with respect to the Quarksoft
Web Site. 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. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright