Terms & Conditions
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE
TERMS AND CONDITIONS CONTAINED AND LINKED BELOW.
Acceptance of Contract Terms
Welcome to the aGQa.com Consumer web site (the "Site).
The following are terms of a legal agreement between you and accurate Grading
Quality assurance, Inc. ("aGQa, Inc.").
aGQa, Inc.makes available for your use on this Site information, documents,
software and products (collectively, the "Materials") and various services
operated by aGQa, Inc.(collectively, the "Services"), subject to the terms
and conditions set forth in this document (the "Terms of Use"). By accessing
or using this Site, which includes your access to or use of any of the Materials
or Services, you agree to the Terms of Use, whether you are a member or not. aGQa,
Inc. reserves the right to change the Terms of Use from time to time at its sole
discretion. Your use of the Site will be subject to the most current version of
the Terms of Use posted on the Site at the time of such use. You can review the
most current version of the Terms of Use at any time by contacting aGQa at 1-866-www-aGQa.
In addition, when using particular Services or Materials on this Site, you shall
be subject to any posted guidelines or rules applicable to such Services or Materials
that may contain terms and conditions in addition to those in the Terms of Use.
All such guidelines or rules are hereby incorporated by reference into the Terms
of Use. If you breach any of the Terms of Use, your authorization to use this Site
automatically terminates and you must immediately destroy any Materials downloaded
or printed from the Site.
The material provided on this Site is protected by law, including, but not limited
to, United States Copyright Law and international treaties. This Site is controlled
and operated by aGQa, Inc.from its offices within the United States. aGQa, Inc.makes
no representation that materials in the Site are appropriate or available for use
in other locations, and access to them from territories where their contents are
illegal is prohibited. Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance with applicable
local laws. Any claim relating to,
and the use of, this Site and the materials contained herein is governed by the
laws of the state of Wisconsin.
Registration Obligations
To access some of the Services and Materials you may be asked to register.
Your access to these portions of the Site are completely optional, but if
you choose to register, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Services' registration form (such
information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete,
or aGQa, Inc.has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, aGQa, Inc.has the right to suspend or terminate
your account and refuse any and all current or future use of the Services (or any
portion thereof). aGQa, Inc.is concerned about the safety and privacy of all its
users, particularly children. For this reason, you must be 13 years old or older
to register for the Services or the Site.
Username, Password and Security
Upon completing the Services' registration process, you will receive or will
be able to choose a password and username designation. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately
notify aGQa, Inc.of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of
each session. aGQa, Inc.cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
Conduct
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not aGQa, Inc. , are entirely
responsible for all Content that you e-mail, transmit or otherwise make available
via the Services. aGQa, Inc.does not control the Content transmitted via the Services
and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will aGQa, Inc.be
liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, e-mailed, transmitted or otherwise made
available via the Services.
You agree to not use the Services to:
a. e-mail, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a aGQa, Inc.official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Services;
e. e-mail, transmit or otherwise make available any Content that you do not have
a right to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
f. e-mail, transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
g. e-mail, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in those areas (such as shopping rooms) that are designated for such purpose;
h. e-mail, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that aGQa, Inc.does not pre-screen Content, but that aGQa, Inc.and
its designees shall have the right (but not the obligation) in their sole discretion
to refuse or remove any Content that is available via the Services. Without limiting
the foregoing, aGQa, Inc.and its designees shall have the right to remove any Content
that violates the Terms of Use or is otherwise objectionable
You acknowledge and agree that aGQa, Inc.may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms of Use; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of aGQa,
Inc. , its users and the public.
You understand that the technical processing and transmission of the Services, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
Termination
You agree that aGQa, Inc. , in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack
of use or if aGQa, Inc.believes that you have violated or acted inconsistently with
the letter or spirit of the Terms of Use. aGQa, Inc.may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service under
any provision of this Terms of use may be effected without prior notice, and acknowledge
and agree that aGQa, Inc.may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to such
files or the Service. Further, you agree that aGQa, Inc.shall not be liable to you
or any third-party for any termination of your access to the Service.
Transmissions
Please note that any non-personal information or material sent to aGQa, Inc.will
be generally deemed to be non-confidential and non-proprietary, and may be disseminated
or used by aGQa, Inc.or its affiliates for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products. Notwithstanding
the foregoing, all personal data provided to aGQa, Inc.Online will be handled in
accordance with the aGQa Privacy Policy, mentioned above. You are prohibited from
posting or transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material,
or any other material that could give rise to any civil or criminal liability under
the law.
Use of Software
The software and accompanying documentation that are made available to download
from this Site are the copyrighted work of aGQa, Inc.and/or its contributors. Use
of the software is governed by the terms of the end user license agreement that
accompanies or is included with such software. You will not be able to download
or install any software that is accompanied by or includes an end user license agreement
unless you agree to the terms of such end user license agreement. If you do not
agree to such terms, you will not be able to use the software.
Indemnity
You agree to indemnify and hold aGQa, Inc. , and its affiliates, officers, agents,
co-brander or other partners and employees, harmless from any claim or demand, including
reasonable attorneys fees, made by any third party due to or arising out of Content
you submit, post transmit or make available through the Site, your use of the Site
or Services, your connection to the Site, your violation of the Terms of Use, or
your violation of any rights of another.
Copyright Notice, Use Restrictions, and Agents
All Site materials, including, without limitation, logos, design, text, graphics,
other files, and the selection and arrangement thereof are Copyright © 2002-2008
aGQa, Inc. . ALL RIGHTS RESERVED, or by the original creator of the material.
The Site is owned and operated by aGQa, Inc. .
Except as expressly provided in writing between you and aGQa, Inc. , no material
from the Site or any other Web site owned, operated, licensed, or controlled by
aGQa, Inc.may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of the Materials
on any single computer for your personal, noncommercial home use only, provided
you keep intact all copyright and other proprietary notices. Modification of the
Materials or use of the Materials for any other purpose is a violation of aGQa,
Inc. 's copyright and other proprietary rights.
For purposes of these terms, the use of any such material on any other Web
site or networked computer environment is prohibited.
aGQa, Inc.respects the intellectual property of others, and we ask our users to
do the same.If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact aGQa, Inc.'s Copyright Agent at Customer
Support.
Third-Party Content & Services
aGQa, Inc.may provide links to Web pages and content of third parties ("Third
Party Content") as a service to those interested in this information. aGQa,
Inc.does not monitor nor have any control over any Third-Party Content or third
party Web sites. aGQa, Inc.does not endorse or adopt any Third-Party Content and
can make no guarantee as to its accuracy or completeness. aGQa, Inc.does not represent
or warrant the accuracy of any information contained therein, and undertakes no
responsibility to update or review any Third-Party Content. When leaving the Site,
you should be aware that aGQa, Inc. 's terms and policies no longer govern,
and, therefore, you should review the applicable terms and policies, including privacy
and data gathering practices, of that site. You use these links and Third-Party
Content contained therein at your own risk.
Third Party Web Sites
This Site contains links to third-party Web sites that are not under the control
of aGQa, Inc. . aGQa, Inc.makes no representations whatsoever about any other Web
site to which you may have access through this Site. When you access a non-aGQa,
Inc.Web site, you do so at your own risk and aGQa, Inc.is not responsible for the
accuracy or reliability of any information, data, opinions, advice, or statements
made on these sites or for the quality of any products or services available on
such sites. aGQa, Inc.provides these links merely as a convenience and the inclusion
of such links does not imply that aGQa, Inc.endorses or accepts any responsibility
for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain
references to aGQa, Inc.products, services, and programs that have not been announced
in your country. These references do not imply that aGQa, Inc.intends to announce
such products, services or programs in your country.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND aGQa, Inc.
, ALL SERVICES AND MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, aGQa, Inc.MAKES NO WARRANTY THAT (i) THE
SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED
OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.
THE SOFTWARE IS PROVIDED BY aGQa, Inc."AS IS" AND "WITH ALL FAULTS."
aGQa, Inc.MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY,
SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. FURTHER, aGQa, Inc.MAKES NO REPRESENTATIONS OR WARRANTIES AS
TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS
CONCERNING THE SOFTWARE THAT IS CONTAINED IN THE SITE.
aGQa, Inc.ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR
SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. aGQa, Inc.MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND aGQa, Inc.MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM aGQa, Inc.OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL aGQa, Inc.BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE
RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT
GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5)
AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION) EVEN IF aGQa, Inc.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND EVEN IN THE EVENT OF THE FAILURE OF AN EXCLUSIVE REMEDY.
EXCLUSIONS AND LIMITATIONS
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
Trademark Information
The trademarks, logos and service marks ("Marks") displayed on this Site
are the property of aGQa, Inc.or other third parties. You are not permitted to use
the Marks without the prior written consent of aGQa, Inc.or such third party which
may own the Marks.
Applicable Law and Venue
By accessing this Site, you and aGQa, Inc.agree that all matters relating to your
access to, or use of the Site shall be governed by and construed in accordance with
the laws of the state of Texas, without regard to its conflict of law provisions.
You and aGQa, Inc.also agree that any action at law or in equity with respect to
such matters shall be filed only in state or federal court located in the state
of Wisconsin, and you hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courts.
Export Control Laws; Notice to U.S. Government Users
The export and re-export of aGQa, Inc.software products are controlled by the United
States Export Administration Regulations and such software may not be exported or
re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country
to which the United States embargoes goods. In addition, aGQa, Inc.software may
not be distributed to persons on the Table of Denial Orders, the Entity List, or
the List of Specially Designated Nationals.
By downloading an aGQa, Inc.software product you are certifying that you are not
a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country
to which the United States embargoes goods and that you are not a person on the
Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All aGQa, Inc.products and publications are commercial in nature. The software and
documentation available on this Site are "Commercial Items," as that term
is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software"
and "Commercial Computer Software Documentation," as such terms are used
in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are licensed to
U.S. Government end users (A) only as Commercial Items and (B) with only those rights
as are granted to all other end users pursuant to the terms and conditions herein.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the Government is subject to restrictions as set forth
in applicable laws and regulations. Use of the materials by the Government constitutes
acknowledgment of aGQa, Inc. 's proprietary rights in them.
Term of Use Revisions
aGQa, Inc.may at any time revise these Terms of Use by updating this posting. By
using this Site, you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then current Terms of Use to which
you are bound.