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Welcome to our website (“Site”). We maintain this Site as a
service to our customers. BY USING THE SITE, YOU ARE AGREEING TO
COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE (“Terms
of Use”). For purposes of these Terms of Use, the terms “we,”
“us,” our” and "Quixana” refer to Quixana and VC30, and “you” and “your” refers to
you, as a user of our site.
We may change these Terms of Use at any time, without prior
notice. If you access or use the Site after we post a change,
you accept that change. If you do not accept the change, do not
access or use the Site. You should check these Terms of Use
periodically. USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF
ALL THE FOLLOWING TERMS OF USE, IN THEIR CURRENT FORM OR AS
MODIFIED.
1. Subject to your performance of all of the provisions of these
Terms of Use, Quixana hereby grants you, a limited,
terminable, personal, non-exclusive license to access and use
the Site solely as provided herein and not to download (other
than page caching and other than the product brochures,
tutorials, quick guides and training videos that you are
permitted to download through links on the Site) or modify the
Site or any information or data therein. You may use the Site to
browse Quixana ’s product information, to request support and
to communicate with us. Notwithstanding anything to the contrary
herein, all rights not specifically granted in the license set
forth above shall be reserved and remain always with
Quixana.
No minors may use or access the Site. By agreeing to these Terms
of Use, you hereby warrant that you are at least 14 years of age
and are legally capable of agreeing to these Terms of Use. We
will not be liable for any loss or damage arising from your
failure to comply with these terms. Your right to use the Site
is not transferable
2. Nothing contained herein shall be construed by
implication, estoppel or otherwise as granting to the user an ownership interest in any
copyright, trademark, patent or other intellectual property
right of Quixana or any third party.
3. You will use the Site in accordance with all applicable laws.
Quixana may, without notice, terminate your access to the
Site or take other actions as are reasonably necessary to comply
with legal requirements and as necessary to protect Quixana ’s
networks, information and the security and integrity of the
Site.
4. You are solely responsible for any and all acts and omissions
that occur under your login to the Site, and you shall not to
engage in unacceptable use of the Site, which includes, without
limitation, use of the Site to: (a) create a false identity or
to otherwise attempt to mislead any person as to the identity or
origin of any communication; (b) misrepresent or otherwise
attempt to mislead any person as to your information or
otherwise engage in fraudulent or deceptive conduct; (c)
interfere, disrupt or attempt to gain unauthorized access to
other accounts on the Site or any other computer network or to
portions of the Site that are restricted; (d) disseminate, store
or transmit viruses, trojan horses or any other malicious code
or program; or (e) engage in any other activity deemed by
Quixana to be in conflict with the spirit or intent of these
Terms of Use.
5. The content, including, but not limited to, all product
brochures, tutorials, quick guides and training videos contained
within or linked into the Site, organization, graphics, design,
compilation, and other matters related to the Site are protected
under applicable U.S. and international copyright, trademark and
other proprietary (including but not limited to intellectual
property) rights. “ Quixana ” our logos and others
marks are either trademarks or registered trademarks of
Quixana and/or our affiliate Quixana. The
posting of information or materials on the Site by
Quixana
does not constitute a waiver of any rights in such information
and materials. Quixana and/or our affiliate
Quixana exclusively owns all worldwide right, title and
interest in and to all documentation, software, contents,
graphics, designs, data, computer codes, ideas, know-how, “look
and feel,” compilations, magnetic translations, digital
conversions and other materials included within the Site and
related to the Site, and all modifications and derivative works
thereof, and all intellectual property rights related thereto.
You shall not challenge, contest or otherwise impair
Quixana’s or Quixana ownership of the
Site and the content therein or the validity or enforceability
of Quixana’s or Quixana intellectual
property rights related thereto. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site at any time without notice.
Product, terms and other information provided herein are subject
to change without notice.
6. You are responsible for obtaining, installing and maintaining
your own internal equipment and communications services
necessary to access and use the Site. You shall be solely
responsible for any telephone charges, Internet access fees, and
other such similar fees and expenses that you incur by accessing
the Site.
7. Any and all information that we obtain from you, or from
transactions processed through the Site, including names,
addresses, telephone numbers, e-mail addresses and any other
information concerning use, transactions, and traffic through
the Site may be collected and used by us as provided in our
Privacy Policy which can be accessed through the following
link: click here
8. THIS SITE AND THE MATERIALS CONTAINED HEREIN, INCLUDING, BUT
NOT LIMITED TO, OR LINKED INTO THE SITE, ARE
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE
OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE
THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. Quixana SHALL HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY
INFORMATION OR SERVICE ACCESSED THROUGH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Quixana THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE OF ANY KIND. Quixana is not
responsible for the contents of any linked sites or any link
contained in a linked site, or any changes or updates to such
sites.
9. Quixana SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE
OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY
VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS
SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF
GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED,
AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
10. These Terms of Use shall be interpreted and enforced
according to the substantive laws of the State of California,
without application of its conflicts or choice of law rules.
Should any part of these Terms of Use be held invalid or
unenforceable, that portion shall be severed and the remaining
portions shall remain in full force and effect. Our failure to
enforce any provision of these Terms of Use shall not be deemed
a waiver of such provision nor of the right to enforce that or
any other provision of these Terms of Use. In the event a
dispute arises regarding these Terms of Use or the use of this
Site, the prevailing party shall be entitled to recover
reasonable attorneys’ fees and costs incurred, in addition to
damages and any other relief to which it is entitled.
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- Overview
In order to keep you apprised of our new products, updates,
seminar information, discounts and special offers and to
provide clinical support and technical support to you we may
ask you to provide information about yourself, your product
application and results you may have achieved. We will not
sell or rent your information to third parties except as set
forth in Part D below. As described in more detail in Part D
below, there are limited circumstances in which some of your
information and other nonpublic personal information will be
shared with third parties, under strict restrictions, so it
is important for you to review this Privacy Policy. By using
our site, you expressly consent to our collection and use
and disclosure of your personal information in the manner
described in this Privacy Policy. This Policy may be revised
over time as we add new services and features or as we
incorporate suggestions from our customers. Any material
changes will be effective immediately. The amended Privacy
Policy will always be posted on our website. Please check
our website at any time for the most current version of our
Privacy Policy.
Our website may include links to third party websites. These
sites are governed by their own privacy statements and
policies, and Quixana is not responsible for their
operations, including but not limited to their information
practices. Users submitting information to or through these
third party websites should review the privacy statement and
policy of these sites before providing them with nonpublic
personal information.
- What information of yours we collect
We collect nonpublic personal information about you from the
following sources:
Information about your identity such as your name, address
and contact information when you submit a case for our
review or when submit a support request on our site;
Surveys, applications and other forms filled by you on our
site; and
Log files of our site.
- How your information is used
We use the nonpublic personal information we collect about
you in order:
- To effect, administer, or enforce transactions that you have requested
or authorized or to maintain or service your customer
account with us;
- To respond to your requests, customize your experience on our website,
and to communicate with you about updates to your products,
and about new products, seminars, discounts, special offers
and other services we provide that we think will be of
interest to you;
- To comply with a law, regulation, legal process, or court
order which applies to us;
- We share aggregated statistical data with our business
partners or for public relations. However, this aggregated
information is not tied to any nonpublic personal
information; and
- We also use IP address information to analyze trends,
administer the site, improve site performance and gather
broad demographic information for aggregate use.
- With whom your information may be shared
- We share your information with our affiliate,
Quixana , to provide product and technical support
that you have requested or authorized;
- We may also share your information with our service
providers, as permitted by law, to effect, administer, or
enforce transactions that you have requested or authorized;
- We may share general information, that does not include
any nonpublic personal information about the Quixana web
site with third parties. If Quixana (or substantially all
of our assets) is acquired, we expect that customer
information would be transferred along with the other
business assets as permitted by law; and
- We may also disclose nonpublic personal information about
you to nonaffiliated third parties as permitted by law.
- Security procedures
We restrict access to nonpublic personal information about
you to those employees who need to know that information to
provide products or services to you. We maintain physical,
electronic, and procedural safeguards to guard your
nonpublic personal information.
- Children
Children are not eligible to use our site and we ask that
minors (under the age of 18) do not submit any personal
information to us or use the site.
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