QCE Terms of Use

These QCE TERMS OF USE (“TERMS OF USE”) state the terms and conditions that govern your use of the aquatherm Quick Check Estimator (“QCE”) offered by the aquatherm NA L.c. (“AQUATHERM”). By accessing or using any of the information, materials or functions available on QCE, you agree to and understand the following TERMS OF USE. AQUATHERM may amend or change the QCE or these TERMS OF USE from time to time, in our sole discretion, by posting updated terms and conditions within QCE or by providing written notice to you by email or U.S. Mail. You agree to be bound by any modifications, changes, or revisions made by AQUATHERM to the QCE or to these TERMS OF USE. You agree that you are responsible for reviewing these TERMS OF USE regularly, and your continued use of QCE constitutes your acceptance of any modifications, changes, or revisions to QCE or these TERMS OF USE.

These TERMS OF USE are in addition to any other terms and conditions that may apply to accounts you have with AQUATHERM or to any other services or information provided by AQUATHERM. Where appropriate, please review those specific terms and conditions.

As used in these TERMS OF USE, “you” or “your” refers to you or to any other person you permit to use QCE on your behalf. “We” or”our” refers to AQUATHERM or any agent, designee or contractor of AQUATHERM. AQUATHERM intends for the information, materials and functions contained on QCE to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through QCE. Any calculations, functions or tools available on QCE are intended only to provide estimates that may differ from actual amounts that are applicable to you or to your quick check estimate. Reasons for this variation include, but are not limited to: (1) rounding errors; (2)pricing from local distribution; or (3) on-the-job variances in labor, planning, unforeseen circumstances, etc. that may lead to inaccurate results in the QCE. The QCE is meant to be a guide to compare against your own software or estimating method. It is not a substitute for your own software or estimating method and is not intended to be a complete estimate.

THIRD PARTY LINKS AND RESOURCES

QCE may contain links to other Internet sites and resources that are not related to or controlled by AQUATHERM. AQUATHERM assumes no responsibility or liability for any errors or omissions in the materials or information available on or through such other Internet sites or resources. The existence of such links is not an endorsement by AQUATHERM of such Internet sites or the resources, contents, or operators thereof. In addition, such other Internet sites and resources may provide less security than AQUATHERM and have a privacy policy different than that of AQUATHERM. Your access to and use of such Internet sites and resources is at your own risk.

PUBLISHED NUMBERS

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.

WARRANTIES DISCLAIMER

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.

DAMAGES

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

Your access to and use of QCE and these TERMS OF USE shall be governed by and construed in accordance with the laws of the Utah,without regard to the conflict of laws thereof, and the laws of the United States.

MISCELLANEOUS TERMS

To the extent any portion of these TERMS OF USE are determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these TERMS OF USE, as so modified, shall remain in full force and effect. No waiver by AQUATHERM of any right under or term or provision of these TERMS OF USE will be deemed a waiver of any other right, term, or provision of these TERMS OF USE at that time or a waiver of that or any other right,term, or provision of these TERMS OF USE at any other time.