Terms and Conditions of Website Use.
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General
Thank you for visiting the website of edQuire.com (“edQuire”). These Terms and Conditions of Use (the “Terms of Use”) apply to the edQuire web site located at www.edQuire.com, and all associated sites controlled by FIC Technology and linked to www.edquire.com by FIC Technology, its subsidiaries and affiliates, including edQuire sites around the world (collectively, the “Website”). This Terms of Use sets forth the terms and conditions that apply to your access to and use of our Website. By using our Website, you agree to comply with all of the terms and conditions hereof. You are responsible for protecting the confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices.
We reserve the right to change the Terms of Use, including our separate Privacy Policy, from time to time as we deem appropriate. All changes, modifications, additions or deletions will be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review the Terms of Use so that you always will know what terms and conditions apply to your access to and use of this Website. Your continued use of our Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. FIC Technology may change, restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time.
Ownership – License
This Website and all content displayed on the Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials are owned by FIC Technology, its affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website. Except as expressly authorized in these Terms of Use, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. All rights not expressly granted to you by us in these Terms of Use are reserved to FIC Technology and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Website as authorized hereunder.
Trademark
edQuire.com is a trademark of FIC Technology. All other trademarks and logos or registered trademarks and logos found on the Website or mentioned herein belong to their respective owners. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Website without the written permission of FIC Technology or such third party that owns the trademarks displayed on this Website. FIC Technology will enforce its intellectual property rights to the fullest extent permitted by law.
Certain Restrictions
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics is strictly prohibited without express written permission of FIC Technology. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Website, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the names or trademarks of edQuire or any of its affiliates without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Website using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose.
Links
This Website may provide links or references to third party sites that FIC Technology does not operate and which will allow you to leave the Website or open an additional browser connecting you to the third party site. FIC Technology has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Website, and such links do not imply endorsement of such other third party sites or the content contained therein by FIC Technology. FIC Technology disclaims all liability with regard to your access to such linked third party site, and access to any other third party site linked to this Website is at your own risk. You should consult the terms of use and privacy policy of any other third party site. You release and discharge FIC Technology, its affiliates and licensors from any and all liability arising from your purchase or use of products or services by or through such third party sites.
Purchases – Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.
FIC Technology’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
FIC Technology may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and FIC Technology makes no commitment to update the materials on the Website with respect to such products and services.
Disclaimer of Warranties – Limitation of Liability
The information contained on our Website is provided as a service to our users and readers for informational purposes only. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Website, including information, goods and services referred to, advertised or promoted on or sold though the Website. This Website and all products available through this Website are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither FIC Technology, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Website. Before purchasing goods or services you have read about on this Website, you should confirm with FIC Technology or the applicable vendor any information (including the price) that is important to your purchasing decision. FIC Technology is not responsible for, and does not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaim any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in this Website or any related publication.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER FIC TECHNOLOGY, ITS AFFILIATES NOR ITS LICENSORS OR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE. FIC TECHNOLOGY, ITS AFFILIATES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OF OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT. IN NO EVENT SHALL FIC TECHNOLOGY, ITS AFFILIATES OR ITS LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF FIC TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of FIC Technology, its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this Website will not exceed the amount you paid, if any, for the use of this Website or any products purchased from FIC Technology out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Data Security
We have put in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. FIC Technology uses secure servers provided by a third party to transmit and fulfill all online credit card transactions in an encrypted format.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet. If you have concerns about providing us with your credit card information online, please call us at one of our published customer service numbers and we will be happy to assist you directly.
Data Collection and Use
Any personally identifiable information provided by you in electronic communications to the Website is governed by this Website’s Privacy Policy. For a more complete description of our
collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in these Terms of Use by this reference.
Posted Information
By submitting material to any public area of this Website, you grant FIC Technology and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, display and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter. You also permit any other user of this Website to access, view, store or reproduce the material for that user’s personal use.
Submission of Ideas
You may have the opportunity to submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, “Ideas”) to us via this Website, whether by submission to a public area of the Website (e.g., message boards) or by other communication to us through email of other means of electronic communication facilitated by the Website. By submitting such Ideas, you agree that FIC Technology and its affiliates shall be free to use, copy, publish, distribute or display the Ideas in an manner it deems appropriate without any obligation to you whatsoever. Such purposes may include disclosure to third parties and/or developing, manufacturing, commercializing and/or marketing goods or services based on such Ideas. By disclosing such information, you hereby waive any claim that FIC Technology misappropriated any such Ideas in or any portions of your communication in any activities in which FIC Technology may engage in the future.
Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any transmittal or communication by you with us through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of FIC Technology, its employees, users of or visitors to the Website, and the public.
Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FIC Technology may have at law or in equity.
If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you
agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FIC Technology.
Miscellaneous
Use of this Website by you for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. By using this Website, you agree not to use
information concerning other users of this Website, or any items they’ve searched for on this Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose.
These Terms of Use is governed by the laws of the State of New South Wales, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FIC Technology as a result of this agreement or use of this Website.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website will not be permitted.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, which includes any discontinuance or material modification of the Website or any service offered on or through the Website, or due to any unexpected technical issues or problems. We reserve the right to deny access to the Website at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to FIC Technology. You agree that FIC Technology will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
Questions?
If you have further questions that were not addressed in the above policy, please contact us at support@edquire.com