TERMS & AGREEMENT
August 8, 2007
This terms and agreement (hereafter referred as 'Agreement') applies to all of the products, services, and websites (referred hereafter as 'Services') offered by Q90 Corporation or its subsidiaries or affiliated companies (referred hereafter as 'Q90'). Any individual (hereafter referred as 'User') that uses or visits a Q90 Service is considered a User, whether they have paid for products or services or not, are bound to abide by this Agreement.
Users are solely responsible for maintaining the confidentiality of their password. The User agrees not to use the account, username, or password of another User at any time or to disclose their own password to any third party. The User agrees to notify Q90 immediately if there is any suspicion of unauthorized use of their account or access to their password. The User is solely responsible for any and all use of their account.
The User is also solely responsible to take necessary actions to keep their (or their employer's) non-public information secure and private. Q90 will not accept any liability for consumer information that the User obtains and inputs into a Q90 Service that is later stolen or compromised because of User negligence. Q90 encourages Users to not share their password with another individual and to not write down the password where it may be seen and/or connected with the username. Users should always log out completely of all Q90 Services before leaving their computer unattended.
Information that is stored by Q90 on behalf of Users, such as User's consumer information, belongs to the User and or the User's employer, and not Q90. The User has the right to retrieve and remove their consumer's information from Q90 Services.
Certain Q90 Services may allow the User to share personal or sensitive data or information with others, such as in a public forum. Customers are notified which areas other Users or the public may have access to. Q90, its officers, employees or agents, shall not be liable for damages or losses of any kind as a result of any unauthorized dissemination of information posted to this area or the use or misuse of said information, including any losses caused by reliance upon the accuracy of any such information, or damages incurred from the viewing, distributing, or copying of those materials.
Q90 Services are provided 'as is'. Users assume the risk of disclosure of any sensitive or personal data in connection with these areas. No warranty of any kind, implied, expressed, or statutory, including, but not limited to, the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources.
Users agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of sale (including the terms and agreement) or the sale of the products or services shall be final and binding arbitration, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the 'AAA') under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Q90 may modify this Agreement from time to time and such modification shall be effective upon posting the modified Agreement on the Q90 Website. The Users agrees to be bound to any changes to this Agreement when they use Q90 Services after any such modification is posted. Users should review this Agreement regularly to make themselves aware of any changes.