Scope

As an individual visiting the Qumulex websites and systems (“visitor” or “you”), these Terms of Use apply to your access to all or part of the Qumulex, Inc. (“Qumulex”, us”, “our” or “we”) website (www.qumulex.com and any other site maintained by Qumulex from time to time) that may be accessed without a password and on which we post a direct link to these Terms of Use (collectively, the “Site”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you or your employer (“your company”) may have with Qumulex for products, services or otherwise. If you are accessing the Site on behalf of your company, you represent and warrant that you have the authority to act on behalf of and bind your company to these Terms of Use and everywhere in these Terms of Use that refers to visitor and you, shall also include your company.

Unless otherwise indicated, the Site and all content and services, including, without limitation, the Qumulex logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Qumulex or its licensors or users.

 

Acceptance of Terms

By accessing any area of the Site, you acknowledge notice of these Terms of Use and agree with and acknowledge the terms, conditions and responsibilities as set out below. Your access and use of the Site and the Site Materials, or any forums, wikis, blogs, or services provided on the Site (any “Services”), are subject to these Terms of Use. Additionally, your use of the Site, the content, and the Services will be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, “additional legal terms”) to include the Qumulex privacy policy, which may be posted on the site where applicable. These Terms of Use and the applicable additional legal terms (together “controlling terms”) form a legally binding agreement between you and Qumulex regarding your access and use of the Site, Site Materials, and the Services.

If you navigate away from the Site to a third-party website, you may be subject to alternative terms and conditions of use, as may be specified on the third-party website. In such event, the terms and conditions of use of the third-party website will apply, and these Terms of Use do not apply.

 

Site Disclaimer

The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided “AS IS” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Qumulex disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and materials contained therein.

 

Trademark Information

Qumulex and the Qumulex logo are registered trademarks of Qumulex. All other Qumulex trademarks, service marks, domain names, logos, and company names referred to on the Site are either trademarks, service marks, domain names, logos, or company names or are otherwise the property of Qumulex or our affiliates or licensors. In countries where any of the Qumulex trademarks, service marks, domain names, logos, or company names are not registered, Qumulex claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade names, and company names. Other product or company names referred to on the Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, or trade name of Qumulex or any third-party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, or trade name. You may contact Qumulex to request written permission to use trademarks and materials on the Site for purposes other than stated in these Terms of Use or for all other questions relating to the site. Our contact information is below.

All rights not expressly granted are reserved.

 

Restrictions on Use

You agree not to use the Site to publish, upload, post, email, transmit or otherwise make available any content that (a) you do not have the right to make available; (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party; (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise; or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property. In addition, you agree not to (a) defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity; (b) impersonate any person or entity, including, but not limited to, a Qumulex employee or any other third-party, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content; (d) download any file or content posted by another user that you know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner; (e) copy, translate, create derivative works of, reverse engineer, reverse assemble, disassemble, or decompile the Site or any part thereof or otherwise attempt to discover any source code of modify the Site in any manner or form; (f) use unauthorized modified versions of the Site, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site; or (g) violate any applicable local, state, national or international law and any regulations; harvest, collect, or store personal information or data of other visitors.

 

Lawful Conduct

The Site allows you to send Electronic Communications (defined as any transfer of signs, signals, text, images, sounds, data or intelligence of any nature transmitted in whole or part electronically received and/or transmitted through the Site) directly to Qumulex. You shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Site, including without limitation, those related to privacy, electronic communications and anti-spam legislation. You shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Site and obtain any permits, licenses and authorizations required for such compliance. Without limiting the foregoing, (i) you shall not access or use the Site in violation of any U.S. export embargo, prohibition or restriction, and (ii) you agree not to access the Site by any means other than through the interfaces that are provided by Qumulex. Customer shall not do any “mirroring” or “framing” of any part of the Site specific to the Site, or create Internet links to the Site which include log-in information, user names, passwords, and/or secure cookies. You will not in any way express or imply that any opinions contained in the Electronic Communications are endorsed by Qumulex.You shall ensure that all access and use of the Site is in accordance with the terms and conditions of the these Terms of Use.

 

Third-Party Content, Products, and Service

Qumulex may provide third-party content on the Site and links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no guarantee as to its accuracy or completeness. You acknowledge and agree that Qumulex is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk.

 

Indemnity

You agree to indemnify and hold Qumulex, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your usage of the Site, your breach of these Terms of Use, Qumulex’s privacy statement, or your alleged violation of any other rights of a third-party.

 

Exclusion of Software Warranties

We do not guarantee or warrant any features or qualities of the Site or its content or give any undertaking with regard to any other quality. Statements and explanations to the Site, its content, and promotional materials are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a visitor from any content advertisement except to the extent we have expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Qumulex’s management.

We do not represent or endorse the accuracy or reliability of any (a) links to web-pages of third-parties contained on the Site, or the content obtainable on such web-pages or (b) any information provided by third-parties on the Site. We will not permanently control and/or review the linked web-pages and the information provided by third-parties but upon sufficiently proven indication will remove the respective link and/or information. We are not be liable for damages caused by the use of the content and/or information.

 

Limitation of Liability

IN NO EVENT WILL QUMULEX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ACCESS TO THE SITE OR THE CONTENT CONTAINED HEREIN; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, OR (IV) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SITE, EVEN IF QUMULEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

 

Governing Law

These Terms of Use are governed by U. S. federal law and/or the laws of the State of Indiana, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or these Terms of Use shall subject to the exclusive jurisdiction of the state and federal courts located in the Southern District of Indiana, Indianapolis Division.

 

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Our Policy Toward Children

Qumulex is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Site is not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with personal or contact information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files immediately.

 

Amendments

We reserve the right to change, modify, add or remove portions of these Terms of Use from time to time and in our sole discretion, but will alert you that changes have been made by indicating on the Terms of Use date it was last updated. When you visit the Site, you are accepting the current version of the Terms of Use as posted on the site at that time. We recommend that users revisit the Terms of Use on occasion to learn of any changes.

 

Contact Us

If you have any questions about these Terms of Use, please email us at privacy@qumulex.com, or you may contact us at the following:

Qumulex Inc.
9059 Technology Ln
Fishers, IN 46038  USA
Phone: +1-317-207-0528