Terms and Conditions
Terms and Conditions of Service
1. Website and Service Terms and Conditions - General.
The Assured Quality website (“Website”), Q-Max, and related services (together with the Website, the “Service”) are operated by Assured Quality, Inc. (“Assured Quality,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you (“Customer” or “you”) represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Assured Quality may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
2. Description of Website and Service
The Service allows users to a) enter an track every quality control problem, and how it is solved, b) puts all problems in a format that supports a one page report, c) It tracks the problem solving and creates automatically generated reports that roll up the results by team or organization, d) search the database of examples according to certain user defined criteria, and e) It provides simple printable one page reports of specific examples to allow users to share results in more useful ways. Assured Quality may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Assured Quality; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Assured Quality, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account. Assured Quality may include Customer's name in a list of Assured Quality customers on the Assured Quality website or in promotional materials.
4. Submission of Material
Any Material you submit must be your original work or Material owned by you. You will not submit any other type of Material. You understand that it is your responsibility to make sure any proprietary Material uploaded to the Service is adequately marked as proprietary within the system to avoid any unauthorized use of your proprietary Material. Paid subscribers may submit proprietary or non-proprietary Material. Unpaid subscribers may only submit non-proprietary Material. Non-proprietary data submitted by paid subscribers is subject to the same terms and conditions as non-proprietary information submitted by unpaid subscribers. By submitting non-proprietary Material to the Service, you grant us a fully paid up, worldwide license to use the Material in connection with the operation of the Service and agree that, among other things, this license will allow us to (i) use the Material and any Material that are created as derivative works of the original Material, (ii) disclose part or all of the Material to one or more users of the Service in connection with their use of the Services and (iii) make the Material and any derivatives available on the Service as a tool, to promote the service or for other purposes in connection with our operation of the Service. You understand that other Users may have access to non-proprietary Materials and that neither they nor Assured Quality have any obligation to you or anyone else to maintain the confidentiality of the Material. Assured Quality may retain and use any non-proprietary Material submitted to the system even after you delete any non-proprietary Material from your end. If you have uploaded proprietary Material in error and it wasn't adequately marked as such then please contact Assured Quality immediately at the contact information provided on the website or within the Service.
5. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including examples, reports, designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Assured Quality or its licensors unless specifically noted otherwise. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions or provided for within the System itself. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. Paid subscribers may upload proprietary Material for use with the System. Any proprietary Material submitted to the system must be marked as proprietary to ensure confidentiality and retention of Intellectual Property rights. Assured Quality may share any proprietary Material submitted by you with other individuals and users within your Company or Organization. Except as expressly stated elsewhere by Assured Quality, this Agreement does not grant Assured Quality any Intellectual Property Rights in paid subscribers’ proprietary data. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights. All data, information and Material generated from your access and use of the System, including Material and content generated by you (collectively, the “Material”), shall be exclusively owned by Assured Quality, but may be used by you and your Company or Organization internally as you see fit. Any publication of this Material will require written authorization from Assured Quality. Please contact us in writing if you have any questions regarding this process. All rights of Assured Quality or its licensors that are not expressly granted in these Terms and Conditions are reserved to Assured Quality and its licensors.
6. Your Representations and Warranties
You represent and warrant to Assured Quality that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any Material you submit via the Service and that you have the right, as applicable, to grant us a license to use that Material as set forth in Section 3 or the right to assign that Material to us as set forth in Section 10.
7. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Assured Quality’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Assured Quality or its users to any harm or liability of any kind.
8. Indemnification of Assured Quality
You agree to defend, indemnify and hold harmless Assured Quality and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
9. No Representations or Warranties
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Assured Quality are provided to you on an “as is” basis. Assured Quality and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Assured Quality does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation on Types of Damages/Limitation of Liability
In no event will Assured Quality be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Assured Quality has been advised of the possibility of such damages. Assured Quality’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Assured Quality for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
This Agreement will remain in effect until Customer's subscription to the Services expires or terminates, or until the Agreement is terminated. Assured Quality may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Assured Quality account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Assured Quality’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination Either Assured Quality or Customer may terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. If this Agreement terminates: (i) the rights granted by Assured Quality to Customer will cease immediately (except as set forth in this section); (ii) Assured Quality may provide Customer access to its account at then-current fees so that Customer may export its Stored Data; and (iii) after a commercially reasonable period of time, Assured Quality may delete any Stored Data relating to Customer's account.
Customer will pay, and authorizes Assured Quality to charge using Customer's selected payment method, for all applicable fees. Fees are non-refundable except as required by law. Customer is responsible for providing complete and accurate billing and contact information to Assured Quality. Assured Quality may suspend or terminate the Services if fees are past due. Customer is responsible for all taxes. Assured Quality will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Assured Quality with an official tax receipt or other appropriate documentation. If Customer requires the use of a purchase order or purchase order number, Customer (i) must provide the purchase order number at the time of purchase and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void.
“Assured Quality,” “Q-Max,” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Assured Quality or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Assured Quality name or any Assured Quality or third-party trademarks, service marks, graphics or logos.
15. Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Assured Quality pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the Material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Assured Quality’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: 2016 South 370 West, Perry, UT 84302
By email: firstname.lastname@example.org
16. Governing Law and Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against Assured Quality, you agree to try to resolve the dispute informally by contacting us via email at email@example.com. We'll try to resolve the dispute informally by contacting you via email or telephone. If a dispute is not resolved within 15 days of submission, you or Assured Quality may bring a formal proceeding.
These Terms and Conditions, its subject matter and Assured Quality’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Utah, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Assured Quality will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the County of Weber in the State of Utah. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between Assured Quality and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Assured Quality or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Assured Quality may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Assured Quality and you, and Assured Quality’s and your respective successors and permitted assigns.
Last updated May 01, 2014.