WEBSITE TERMS OF USE

Thank you for visiting Qstrom.com and any related websites (collectively, the “Site”) belonging to Qstrom, LLC or one of its subsidiaries (collectively, “Qstrom”). The Site and any of the software goods and/or services provided or offered for sale by Qstrom in connection with the Site (collectively, “the Services”) are being provided to you expressly subject to these Terms and Conditions (“Terms”), which govern your use of the Site. Please read these Terms carefully.

Qstrom offers the Services available on the Site, as well as any information and/or content provided on the Site, are conditioned upon your acceptance of all the limitations of use and prohibited activities set forth below. Specifically, by using the Site in any manner, you accept and agree to be bound by the Terms.

The Terms may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at www.qstrom.com/website-terms-of-use. Your continued use of the Site is your acceptance of the changed or modified Terms. If you do not agree to any of these Terms, please do not use the Site. Qstrom reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms constitute a contract between you and Qstrom. If Qstrom notifies you that the manner in which you are using the Site is prohibited or unauthorized, you may no longer use the Site for that particular purpose.

Registration Information

You may be invited to register at the Site to help us tailor the Services for your needs or to provide you with additional information regarding the Services. In registering for the Site or Services, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your company may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our privacy policy.

Privacy

Your privacy is important to us. Our Privacy Policy is incorporated in these Terms. The Privacy Policy is available through the following link and from our home page: http://www.qstrom.com/privacy-policy.

Consistent with the Qstrom’s Privacy Policy, we may ask you to provide us with information when we provide one or more of the Services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our Privacy Policy.

IN NO EVENT SHALL QSTROM, ITS AFFILIATED COMPANIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR THEIR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER QSTROM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you.

Intellectual Property

All of the pages and screens on the Site are owned and controlled by Qstrom, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of, or republish all or any portion of the Site, the Site content, or any other materials received from or originating from Qstrom for any purpose without Qstrom’s prior written consent. The QSTROM™ and DISTRICT MANAGER® trademarks and associated logos are owned by Qstrom. Other featured words, graphics, and logos used on the Site to identify the source of goods and services are trademarks and service marks owned by Qstrom or owned by third parties. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks or trade dress found on the Site. You may not use any of the Qstrom trademarks as a link to the Site except pursuant to a written trademark license agreement.

Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA

In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, Qstrom will respond expeditiously to clear notices of alleged copyright infringement that are reported to Qstrom’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Qstrom that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.

Notice of Infringing Material

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Qstrom by providing Qstrom’s designated copyright agent listed below with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

   
   

2. Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

   
   

3. Identify the material that you claim is infringing the copyrighted work listed in #2 above and that is to be removed or access disabled, and information reasonably sufficient to permit Qstrom to locate the material;

   
   

4. Provide information reasonably sufficient to permit Qstrom to contact you, including a name, address, telephone number and email address;

   
   

5. If possible, provide information sufficient to allow Qstrom to notify the owner/administrator of the allegedly infringing content;

   
   

6. Include the following statements:
   
   

   1. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

      
      

   2. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

   
   

7. Sign the notice;

   
   

8. Send the notice to:
   Qstrom, LLC
   ATTN: DMCA Agent
   4975 Preston Park Blvd., Ste. 490
   Plano, TX 75093

   
   

9. Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

Links to Other Websites

The Site may have links to other web sites which are not operated, controlled or maintained by Qstrom. Qstrom is not responsible for the content of such web sites and cannot guarantee that such web sites will not change without knowledge. The inclusion of such links on Qstrom sites does not imply Qstrom’ endorsement or approval of the linked sites to their content. If you navigate away from our web pages by clicking on an unaffiliated web site link, you do so at your own risk and you should be aware that the Terms no longer govern. You should review the applicable terms and other policies, including privacy and data gathering practices, of any site to which you navigate from our sites or relating to any applications you use or install from another site.

Prohibited Activities

In addition to those activities which are identified as prohibited elsewhere in these terms, you may also not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of this site for public or commercial purposes without our express written permission. Nothing on this site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Site, including, without limitation, by any way of reproducing the Site or any Qstrom information on any other web site without our express written permission. You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our sites, including without limitation, any service or product Qstrom offers. You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site. You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site. You may not use the Site in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of our site. You may not upload or transmit to the Site any device, software, program, or file that may damage the operation of any computer or the Site, including without limitation, viruses or corrupt files. You may not disguise the origin of information transmitted to, from, or through the Site. You may not circumvent any measures implemented by Qstrom aimed at preventing violations of the Terms. You may not violate the restrictions in any robot exclusion header.

When you use the Site or Qstrom’s information for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them. You may not engage in any conduct that is, or that Qstrom deems to be, in violation of the Terms. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that Qstrom may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

Digital Privacy and Cookies Policy

You may interact with us in a variety of ways online, including through a mobile device. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information. We may also gather additional information, such as the type of device and browser you are using, the IP address of your device, information about your device’s operating system, and additional information associated with your device. We may also gather information collected through cookies, tags, and other technologies, as described further below.

Cookies are pieces of data stored on your device. Browser cookies are assigned by a web server to the browser on your device. When you return to a site you have visited before, your browser gives this data back to the server. Mobile applications may also use cookies.

We use cookies and information gathered through their use to make your experience with Qstrom and certain other sites richer and more personalized based on the products, services, or other interaction you have with us and other sites. Information gathered through use of cookies may be used to make offers to you via online ads, email, U.S. mail, or telephone, subject to the privacy preferences you have on file with Qstrom. We also use cookies, sometimes in conjunction with service providers, in online advertising either on the Site or on third party sites to help determine which of our advertisements (if any) are most likely to appeal to you.

Other parties that may collect information about your web browsing behavior when you use our Site are generally limited to service providers who may only use any information collected to provide services and marketing for us and not to provide services or advertising for any other party. Note, however, that we may also provide certain widgets or tools on our sites, such as tools that allow web surfers to easily share information on another platform, such as a social media platform. At other times, information from a third party may be embedded on our site, such as a map or information streaming from another site, including communications streaming from a third party social media platform. These widgets, tools, and informational items often function through the use of third party cookies utilized by the third party site, such as the social media platform. As a result, these third parties may have access to information about your web browsing on the pages of our Site where these widgets, tools, or information are placed. You may wish to review information at third party sites, such as social media platforms where you have an account, to determine how these third parties treat data that they obtain through the use of cookies.

We also use cookies for purposes such as maintaining continuity during an online session; gathering data about the use of our site; monitoring online promotions; and anti-fraud and information security purposes. You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you may not be able to access certain portions of the Site. Therefore, if you set your browser options to disallow cookies, you may limit the functionality we can provide when you visit our Site. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including how to use these tools.

Cookies is a term also used to describe other locally stored objects, such as cookies stored in an Adobe folder on your device. These cookies will not be deleted when you clear cookies from your browser. We may use this technology for purposes such as information security and fraud prevention. In addition to the uses described above, we use information for purposes as allowed by law such as: servicing; communicating with you; improving our Site, products, or services; legal compliance; risk control; information security; anti-fraud purposes; marketing or personalizing the presentation of our products and services to you; tracking website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites; and using read-receipt notifications in our email communications. We may share information with service providers with whom we work, such as data processors and companies that help us market products and services to you. When permitted or required by law, we may share information with additional third parties for purposes including response to legal process. As applicable, please see the additional privacy policies referenced above, such as the Qstrom Privacy Policy, for more information on how we may share information with affiliates and third parties.

Some newer browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the websites you visit indicating that you do not wish to be tracked. Those sites (or the third-party content on those sites) may continue to engage in activities you might view as tracking even though you have expressed this preference, depending on the sites’ privacy practices.

Liability Disclaimer

THE SITE AND SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND — WHETHER EXPRESS, IMPLIED, OR STATUTORY — INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT NEITHER QSTROM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. QSTROM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR REMOVE ANY CONTENT ON THE SITE AT ANY TIME. QSTROM DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT QSTROM IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, QSTROM WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

Forum Selection

The Site is controlled and operated by Qstrom from its offices in Dallas, Texas, U.S.A. Qstrom makes no representation that materials on the Site are appropriate or available for use outside of the United States. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms and the relationship between you and Qstrom shall be governed by the laws of the State of Texas without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Dallas, Texas. You hereby consent to the exclusive jurisdiction and venue of the State and/or Federal courts in Dallas County, Texas in all disputes arising out of or relating to these Terms, our sites and site information. You hereby waive any and all objections to such venue, including personal jurisdiction and forum non conveniens.

Indemnification

You agree to defend, indemnify, and hold harmless Qstrom, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms or misuse of the Services or the Site, including such violation or misuses conducted by your employee or agent, if applicable.

Contact Information

If you have any questions or suggestions regarding the Site or the Terms, please contact us at info@qstrom.com.

Last Updated: May 1, 2022