This document was last updated on March 1, 2007
Thank you for visiting our website. By accessing or using any areas of our website www.qnext.com, you are bound by the terms and conditions set forth below. If you do not accept these terms and conditions, you may not access or use this website. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.
Copyright, Trademarks and other Proprietary Rights
This website contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets and other proprietary rights. Unless indicated otherwise, all of this content is the property of Qnext Corp. and/or its licensors or affiliates, and Qnext and its licensors and affiliates reserve all rights with respect to this website's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove and create derivative works of it.
QNEXT and the Qnext logo are trademarks of Qnext Corp. Use of Qnext's trademarks is subject to the terms and conditions of our Trademark Usage Policy. Other trademarks, product names, company names and logos appearing on this website are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
Permission to Use this Website
Many portions of this website are available for public viewing and use. You must register or enter into a separate agreement with Qnext to access other portions of this website. Subject to the terms and conditions set forth on this page and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Qnext grants you permission to do the following: (i) view and use for intended purposes those portions of this website to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this website to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (iii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Qnext and other users of our products and services. Any other use of this website or its contents is prohibited without first obtaining written permission from Qnext.
No Warranties
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. QNEXT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THIS WEBSITE (EXCEPT AS MAY BE SET FORTH IN A LICENSE AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
IN NO EVENT WILL QNEXT'S AND ITS AFFILIATES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US $1O.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, QNEXT'S AND ITS AFFILIATES' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and Import Restrictions
This website is controlled and operated by Qnext from its offices within Canada. Qnext makes no representation that the products, services and other materials available through this website are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this website and our products and services. Some of these terms and conditions may be modified or superseded by the terms and conditions of the license agreements pursuant to which you obtain our products or services. A specific provision in any of those license agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that Qnext may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Qnext.
Any litigation arising out of or related to your access to or use of this website will be brought only in the province of Ontario, Canada. By accessing or using this website, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the province of Ontario, Canada, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this website, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of Qnext that explicitly authorizes a use which is inconsistent with these terms and conditions.
