| Acceptance of Terms |
|
This Agreement is void where prohibited by law, and the right to
access the Site and Materials is revoked in such jurisdictions.
|
<top> |
| Copyright |
| The Materials and Services on this Site, including - but not limited to -
the compilation of all contents, are protected by copyright and/or other
intellectual property laws and any unauthorized use of the Materials or Services
at this Site may violate such laws. Except as expressly provided herein,
quantexexpress.com and its suppliers do not grant any express or implied right to you
under any paternities, copyrights, trademarks, rights, trade secrets or other
intellectual property rights with respect to the Materials and Services.
Except as expressly permitted herein, no portion of the Materials on this
Site may be reproduced in any form or by any means without the prior written
permission of quantexexpress.com. |
<top> |
| Registration and User
Information |
| Certain portions of the Site are only available to individuals and entities
that have become registered users of a1express.com as described in these Terms
of Use. The Services or Materials available to users may include services
provided by quantexexpress.com and by third parties ("associates"). To become a user
of quantexexpress.com, you must complete a quantexexpress.com registration form. By
submitting a registration form, you represent and warrant (a) that you are 18
years of age or over, (b) you personally are signing up as a user, and (c) the
information on the registration form is current, complete and accurate. Users
must update registration information to ensure that it continues to be current,
complete and accurate. quantexexpress.com reserves the right to accept or reject user
registrations for quantexexpress.com. |
<top> |
| Use and Protection of
Password |
| You are responsible for maintaining the confidentiality of your account
password. You are responsible for all uses of your account, whether or not it is
actually or expressly authorized by you. If there is a breach of the
confidentiality password or any other breach of security through a user's
account, then the user shall notify quantexexpress.com immediately. |
<top> |
| Use of
Site Information |
Except as otherwise indicated elsewhere on this Site, you may download and
print the documents and information available on this Site, subject to the
following conditions:
- The documents and information may be used solely for personal, informational
and internal purposes.
- Except as expressly permitted, the documents and information may not be
modified or altered in any way.
- Except as expressly permitted, the documents and information on the Site may
not be distributed.
- You may not remove any copyright, trademark or other proprietary notices
contained in the documents and information on this Site.
- a1express.com reserves the right to revoke the authorization to view,
download and print the information available on this Site at any time, and any
such use shall be discontinued immediately upon written notice from
a1express.com.
- The rights granted to you constitute a limited license and not a transfer of
title.
The rights specified above to view, download and print the documents and
information available on this Site, are not a right to copy design, layout, look
or feel of the Site apart from the usage permitted herein. Elements of this Site
are protected by trade dress or other laws and may not be copied or imitated in
whole or in part. You agree not to use any means to circumvent log-in, password
and other protections on quantexexpress.com put in place to restrict access to
certain parts of this Site. |
<top> |
| Consent To Aggregate Use of
User Information |
| In order to make various features and functions of Services and Materials
available to users, quantexexpress.com may collect information about users and user's
use of quantexexpress.com, including the information identified in quantexexpress.com
Privacy Statement. User acknowledges and agrees
that quantexexpress.com's collection and use of user information as set forth in the
Privacy Statement and quantexexpress.com's operation
and provision of quantexexpress.com, as contemplated under this Terms of Use
Agreement, is not a breach of user's right to privacy, publicity or any other
right related to protection of personal data, whether in equity, law, contract
or otherwise. User hereby waives any and all such claims or rights of action
(whether foreseen or unforeseen), so long as the user information is collected,
stored and used in accordance with quantexexpress.com's Privacy Statement or in the case of user's making use
of Materials or Services provided by quantexexpress.com's associates, the Privacy Statement of such associate. |
<top> |
| Reliability of Materials and
Services |
| Materials and Services available on or through this Site are routinely
updated and quantexexpress.com uses commercially reasonable efforts to ensure that
such information is reliable. However, the user understands and acknowledges
that quantexexpress.com does not control the posting or content of all Materials nor
will it verify the timeliness or content of Materials. quantexexpress.com expressly
disclaims any responsibility or liability for any third party, Materials or
Services on this Site, or any third party information or Services available
through a link from quantexexpress.com. |
<top> |
| Links To Other Internet Web
Sites |
| This Site contains links to third party Web sites that are not under the
controls of quantexexpress.com. quantexexpress.com makes no representations whatsoever
about any other Web site to which you may have access through this Site,
including the Web sites of quantexexpress.com's associates. When you access a
non-quantexexpress.com Web site, you do so at your own risk and quantexexpress.com 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; or for any damage or loss caused or alleged to
be caused through or in connection with use of or reliance on the contents,
goods or services available on or through any such link, site or resource.
quantexexpress.com provides these links merely as a convenience and the inclusion of
such links does not imply that quantexexpress.com endorses or accepts any
responsibility for the content or uses of such sites. |
<top> |
| Submitted
Information |
| You are solely responsible for the content of any comments, information,
questions, data, feedback, ideas, descriptions of processes or other information
submitted to quantexexpress.com through this Site. You may only submit to the Site,
the content that is (a) owned by you, (b) submitted with the express permission
of the owner, or (c) in the public domain. By submitting and/or posting content
to the quantexexpress.com Web site, you automatically grant a royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right to
quantexexpress.com to use, reproduce, modify, adapt, publish, edit such content
alone, or as part of other works in any form, media or technology, whether now
known or hereafter developed. You are prohibited from posting or transmitting to
or from this Site any unlawful, threatening, defamatory, obscene, pornographic
or other materials that would violate any law or the rights of others, including
(without limitation) laws against copyright infringement. Violations of these
restrictions may result in limitations on access by you to this Site. |
<top> |
| Warranties and Disclaimers |
| Except as expressly provided otherwise in a written agreement signed by
authorized representatives of you and quantexexpress.com, all materials and services
on this Site are provided "as is" and "as available" without warranty of any
kind (either express or implied) including - but not limited to - the applied
warranties of merchant ability or fitness for a particular purpose, or the
warranty of the non-infringement. Without limiting the foregoing, quantexexpress.com
makes no warranty that (a) the services and materials will meet your
requirements, (b) the services and materials will be uninterrupted, timely,
secure or error free, (c) the result that may be obtained from the use of the
services or materials will be effective, accurate or reliable and (d) the
quality of any product, services or information purchased or obtained by you
from this Site will meet your expectations. Some states or jurisdictions do not
allow the exclusion of implied warranties or limitations on how long an implied
warranty may last, so the above limitations may not apply to you. To the extent
permissible, any implied warranties that cannot by law be excluded are limited
to ninety (90) days.
This Site could include technical or other mistakes, inaccuracies or
typographical errors. quantexexpress.com 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 quantexexpress.com makes no commitment to update such
materials or services.
quantexexpress.com assumes no responsibility for errors or omissions in the
materials and/or services for information, materials or services of third
parties that are referenced by or linked to this Site, including those of
quantexexpress.com's associates. References to other companies, their services and
products, are provided "as is" and "as available" without warranty of any kind
(either express or implied).IN NO EVENT SHALL quantexexpress.com OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING (WITHOUT LIMITATION) THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT quantexexpress.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR ANY WEB SITE REFERENCED OR LINKED TO THIS SITE,
INCLUDING THOSE OF quantexexpress.com'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FROM CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The use of the services or the downloading or any 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 a1express.com or
through or from the Site shall create any warranty not expressly stated in the
Terms of Use.
In addition to the limitations and exclusions set forth above, in no event
will quantexexpress.com's liability for the subject matter of the Agreement exceed
one thousand ($1,000.00) US dollars.
User acknowledges that the allocation of risks and limitations of liabilities
contained in this Agreement are a material consideration for a1express.com
entering into this Agreement. |
<top> |
| Terms and
Termination |
| This Agreement is effective as of the date you make use of the Site, or in
the case of Materials and Services accessible only to users, the date a user
enters a password authorizing access to the Site and continues in force and
effect until terminated in accordance with this Section, or in the case a user
that has not become a user, immediately upon such user's breach of any of the
Terms of Use. quantexexpress.com may terminate this Agreement effective upon written
(or e-mailed) notice to user if user materially breaches any of the terms or
conditions of the Terms of Use that is not cured within ten (10) days after
notice from a1express.com. quantexexpress.com reserves the right to suspend access to
and use of the Site pending cure of a user's breach. In addition, a1express.com
or a user may terminate this Agreement, for any reason or for no reason, upon
thirty (30) days notice to other.
The limitations and disclaimers of warranties, and the indemnity obligations
of users, and the provisions of governing law, jurisdiction and venue, shall
survive the termination of this Agreement. |
<top> |
| Indemnity |
| At quantexexpress.com's option and request, the user shall (at his/her own
expense) indemnify, defend, and hold quantexexpress.com and its subsidiaries,
affiliates, officers, employees, agents, associates, suppliers and other
partners harmless from and against any losses, costs, damages, liabilities and
expenses (including reasonable attorney's fees) arising out of or related to a
third party claim, action or allegation that is (a) related in any way to a
transaction or dispute between the user and any third party, (b) based on or
caused by unauthorized access to the Site through the user's account, (c) based
on facts or alleged facts that would constitute a breach of any of the user's
representations, warranties, or covenants under this Agreement, or (d) arising
out of a request for quantexexpress.com to remove or disable access to any user
content in or on the Site. The user shall not enter into a settlement of the
foregoing without a1express.com prior written consent and shall not incur
expenses and fees in defending the above claims, actions or allegations without
prior approval from quantexexpress.com. |
<top> |
| Entire
Agreement |
This Terms of Use Agreement constitutes the entire Agreement between you and
quantexexpress.com with respect to the Site and supersedes all prior agreements or
previous discussions (written or oral) between you and quantexexpress.com. This
Agreement may be modified only by a signed agreement or as follows:
- quantexexpress.com may modify this Agreement by posting the new Terms and Conditions into the same
location that the previous Terms and Conditions were posted.
- If the user continues to use the Materials, Services or Site, then the user
will be considered to have accepted the modifications.
|
<top> |
| Miscellaneous Provisions |
| If any provision of these Terms of Use is held to be invalid or
unenforceable, such provision will be struck and remaining provisions enforced.
Headings are for reference purposes only. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. These Terms of Use, and all writings and Web
pages incorporated by reference into these Terms of Use, set forth the entire
understanding and agreement between us with respect to the subject matter
hereof.
a1express.com will not be liable in any amount for failure to perform any
obligation under this Agreement, if such failure is caused by the occurrence of
cause beyond the reasonable control of quantexexpress.com, including - but not
limited to - outages of the Internet or connections thereto, communication
outages, earthquakes, fires, floods, Acts of God or any other Acts of
governmental bodies or authorities. |
<top> |
| Governing the Law and
Jurisdiction |
| This Site (excluding links) is controlled by quantexexpress.com from its offices
within the State of California or United States of America. By accessing this Site,
you and quantexexpress.com agree that the statutes and laws of the State of California,
without regard to the conflicts of laws principals thereof, shall govern all
matters relating to your access to, or use of, this Site and any Materials or
Services. You and quantexexpress.com also agree and hereby submit to the exclusive
personal jurisdiction and venue of the Supreme Court of California and the United
States District Court for the Central District of California with respect to such
matters. quantexexpress.com makes no representation that Materials or Services
available on this Site are appropriate or available for use in other locations,
and accessing 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 local laws. |
<top> | |
