THIRD PARTY LINKS AND RESOURCES
QCE may contain labor numbers from different organizations. User should only use and access numbers to whichever organizations they belong. The Aquatherm numbers may be used by any party.
QCE, INCLUDING ALL CONTENT, SOFTWARE, EXPORTED DOCUMENTS, DERIVED CONTENT AND INFORMATION MADE AVAILABLE ON QCE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AQUATHERM MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE TO USE QCE AND ANY MATERIALS OR INFORMATION PROVIDED BY AQUATHERM (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) AT YOUR SOLE RISK AND THAT AQUATHERM CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE INFORMATION ACCESSIBLE FROM QCE WILL BE FREE OF COMPUTER VIRUSES. AQUATHERM RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF QCE AT ANY TIME, FOR ANY REASON AND WITHOUT NOTICE TO YOU.
AQUATHERM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, OPPORTUNITIES, PROFITS OR DATA, WHETHER ARISING FROM OR RELATED TO ANY ACTION IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF QCE OR THE MATERIALS AND INFORMATION CONTAINED HEREIN OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, LINE SYSTEM FAILURE,LOSS OF DATA, LOSS OF USE, OR OTHER DEFECT RELATED TO QCE, EVEN IF AQUATHERM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS ON USE
Users shall not transmit any material or information to QCE that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law. Users are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of QCE. Any attempted violation of law may result in litigation against the offender by AQUATHERM or any proper authority. AQUATHERM will fully comply with applicable authorities to provide any information necessary for the litigation process.
INTELLECTUAL PROPERTY NOTICES
Except where otherwise expressly noted or as noted below, the contents of QCE, including graphics, icons, text, screens and overall appearance of QCE, are the sole and exclusive property of AQUATHERM and are protected by United States copyright and trademark laws. The posting of the contents of QCE is not a waiver of any of AQUATHERM’s proprietary rights, including but not limited to,copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to you or to any third party.
ACCOUNT INFORMATION, PASSWORD PROTECTION &INDEMNIFICATION
QCE provides an online tool that enables you to manage the creation and saving of project quick check estimates via the Internet(“Account Access”). If you create an online access account via Account Access, you are responsible for maintaining the confidentiality of any username and password and for any and all activities that occur under your password or account. You agree to protect and keep confidential your account information, user IDs, passwords, or any other means of accessing your account or any other information or content on QCE, as applicable. You also agree to immediately notify AQUATHERM of any unauthorized use of your account or any other breach of security known to you regarding your account or use of QCE by phone at 1-801-805-6657, or by email at admin at aquatherm.com. If you disclose any of the foregoing information, you assume all risks and losses associated with such disclosure. If you permit any other person to access your account or your account information, user IDs, passwords, or any other means of accessing your account, you are responsible for any resulting transactions or activities. You agree to indemnify, defend, and hold harmless AQUATHERM, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to your use of QCE or use by any other person accessing QCE using your username and password. AQUATHERM reserves the right to terminate your online access account after an extended period of inactivity or any other reason AQUATHERM deems reasonable.
SECURITY OF TRANSMISSIONS
here may be security, transmission or other risks associated with use of the Internet and QCE and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use QCE, including, without limitation, the use of up-to-date web browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software.
CHOICE OF LAW