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Welcome
to qlites.com by DBSK, Inc.. By accessing any
areas of qlites.com, users ("Users")
agree to be legally bound and to abide by the
terms set forth below. qlites.com is owned and
operated by DBSK, Inc.. Any references herein to
qlites.com shall be deemed to refer to qlites.com
and/or DBSK, Inc., as applicable under the
circumstances.
I. TRADEMARKS
qlites.com™
and Q-Lites™ are all service
marks of DBSK, Inc. or its affiliates. All rights
reserved. These and other qlites.com graphics,
logos and service marks and trademarks of DBSK,
Inc. and its affiliates may not be used without
prior written consent of DBSK, Inc. or its
affiliates, as the case may be. All other
trademarks, product names, and company names and
logos appearing on qlites.com are the property of
their respective owners.
II. DISCLAIMERS
AND LIMITATION OF LIABILITY
User expressly agrees that use of qlites.com is at
User's sole risk. Neither qlites.com, nor its
affiliates, nor any of their officers, directors,
or employees, agents, third-party content
providers, merchants, sponsors, licensors
(collectively, "Providers"), or the
like, warrant that qlites.com will be
uninterrupted or error-free; nor do they make any
warranty as to the results that may be obtained
from the use of qlites.com, or as to the accuracy,
reliability, or currency of any information
content, service, or merchandise provided through
qlites.com.
THIS SITE IS
PROVIDED BY QLITES.COM ON AN "AS IS"AND
"AS AVAILABLE" BASIS. QLITES.COM MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE, THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, QLITES.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. QLITES.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY QLITES.COM NOR ITS AFFILIATES, NOR ANY OF
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY;
NOR SHALL USER RELY ON ANY SUCH INFORMATION OR
ADVICE.
Under no
circumstances shall qlites.com or any other party
involved in creating, producing, or distributing
qlites.com be liable for any direct, indirect,
incidental, special, or consequential damages that
result from the use of or inability to use
qlites.com,
including but not limited to reliance by a User on
any information obtained from qlites.com or that
result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or
any failure of performance, whether or not
resulting from acts of God, communications
failure, theft, destruction, or unauthorized
access to qlites.com's records, programs, or
services. User hereby acknowledges that this
paragraph shall apply to all content, merchandise,
and services available through qlites.com. Because
some states do not allow the exclusion or
limitation of liability for consequential or
incidental damages, in such states liability is
limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that qlites.com contains
information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and
other material (collectively "Content")
that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and
that these rights are valid and protected in all
forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright
laws, and qlites.com owns a copyright in the
selection, coordination, arrangement, and
enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of,
create derivative works from, or in any way
exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, Users
may make copies of select portions of the Content,
provided that the copies are made only for User's
personal use and that User maintains any notices
contained in the Content, such as all copyright
notices, trademark legends, or other proprietary
rights notices. Except as provided in the
preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see,e.g.,
17 U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content
protected by copyright, or other proprietary
right, without obtaining permission of the owner
of the copyright or other propriety right. In
addition to the foregoing, use of any software
Content shall be governed by the software license
agreement accompanying such software.
b.
DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User
may upload to or otherwise distribute on qlites.com
only Content that is not subject to any copyright
or other proprietary rights protection
(collectively, "Public Content"), or
Content in which the author has given express
authorization for distribution on the World Wide
Web. Any copyrighted or other proprietary Content
distributed with the consent of a copyright owner
should contain a phrase such as "Copyright,
owned by [name of owner]; used by
permission." The unauthorized submission or
distribution of copyrighted or other proprietary
Content is illegal and could subject the User to
criminal prosecution as well as personal liability
for damages in a civil suit. User will be liable
for any damage resulting from any infringement of
copyrights or proprietary rights, or from any
other harm arising from such submission. Neither
qlites.com, nor its affiliates, nor any of their
officers, directors, employees, agents, Providers,
or the like, will be liable for any damage
resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising
from such User submission. In compliance with the
Digital Millennium Copyright Act, Users and other
persons can report an infringement at feedback@qlites.com
to qlites.com. By submitting Content to any
User-submit areas, including, without limitation,
User automatically grants, or warrants that the
owner of such Content has expressly granted qlites.com
the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce,
publish, translate, sublicense, copy, and
distribute the Content in whole or in part
worldwide and/or to incorporate it in other works
in any form, media, or technology now known or
hereafter developed for the full term of any
copyright that may exist in such Content. User
also permits any other User to access, store, or
reproduce the Content for that User's personal
use. Subject to this grant, the owner of Content
placed on qlites.com retains any and all rights
which may exist in such Content.
c. THIRD-PARTY
CONTENT
qlites.com is a distributor and not a publisher of
Content supplied by third parties and Users.
qlites.com has no more editorial control over such
Content than does a public library or newsstand.
Any opinions, advice, statements, services,
offers, or other information that constitutes part
of Content expressed or made available by third
parties, including Providers or any other User of
qlites.com, are those of the respective authors or
distributors and not of qlites.com or its
affiliates or any of their officers, directors,
employees, or agents. Neither qlites.com nor its
affiliates, nor any of their officers, directors,
employees, or agents, nor any third party,
including any Provider, or any other User of
qlites.com, guarantees the accuracy, completeness,
or usefulness of any Content, nor its
merchantability or fitness for any particular
purpose. In many instances, the Content available
through qlites.com represents the opinions and
judgments of the respective Provider, or User not
under contract with qlites.com. qlites.com neither
endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement
made on qlites.com by anyone other than authorized
qlites.com employees. Under no circumstances shall
qlites.com, or its affiliates, or any of their
officers, directors, employees, or agents be
liable for any loss, damage or harm caused by a
User's reliance on information obtained through
qlites.com. It is the responsibility of User to
evaluate the information, opinion, advice, or
other Content available through qlites.com.
d. EXPORT
The U.S. export control laws regulate the export
and reexport of technology originating in the
United States. This includes the electronic
transmission of information and software to
foreign countries and to certain foreign
nationals. User agrees to abide by these laws and
their regulations -- including but not limited to
the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic
transmission or otherwise, any Content derived
from qlites.com to either a foreign national or a
foreign destination in violation of such laws.
IV. ONLINE
CONDUCT
User agrees to use qlites.com only for lawful
purposes. User is prohibited from posting on or
transmitting through qlites.com any unlawful,
harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind,
including but not limited to any material that
encourages conduct that would constitute a
criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state,
national, or international law.
V. PRIVACY
POLICY
In accordance with the terms of qlites.com's
Privacy Policy http://www.qlites.com/home/privacy.html
qlites.com respects the privacy of its Users.
VI. TERMINATION
OF USAGE
qlites.com may terminate User's access, or suspend
any User's access to all or part of qlites.com,
without notice, for any conduct that qlites.com,
in its sole discretion, believes is in violation
of any applicable law or is harmful to the
interests of another User, a third-party Provider,
a service provider, or qlites.com.
VII. USAGE BY
CHILDREN UNDER 13
qlites.com cannot prohibit minors from visiting
this site. qlites.com must rely on parents,
guardians and those responsible for supervising
children under 13 to decide which materials are
appropriate for such children to view and/or
purchase.
qlites.com requires
that all purchases be made either (i) by
individuals 13 years of age or older, or (ii) by
minors under 13 through a qlites.com authorized
affiliated program which permits parents and other
guardians to both pay for the purchases of minors,
and give verifiable permission for such minors to
purchase items on our site and for the collection
by us of certain information in accordance with
the terms of our privacy policy. EACH TIME YOU
PURCHASE A PRODUCT AT QLITES.COM, YOU ARE
REPRESENTING TO QLITES.COM THAT YOU ARE EITHER (I)
AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A
MINOR UNDER 13 WHO IS PURCHASING THROUGH A QLITES.COM
AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS
PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE
PURCHASES OF MINORS, AND GIVE VERIFIABLE
PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON
OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN
INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR
PRIVACY POLICY.
VIII. APPLICABLE
LAW
This site is created and controlled by qlites.com
in the State of Kansas. As such, the laws of the
State of Kansas will govern these disclaimers,
terms and conditions, without giving effect to any
principles of conflicts of laws. qlites.com
reserves the right to make changes to its site and
these disclaimers, terms and conditions at any
time. User hereby irrevocably and unconditionally
consents to submit to the exclusive jurisdiction
of the courts of the State of Kansas for any
litigation arising out of or relating to use of or
purchase made through qlites.com (and agrees not
to commence any litigation relating thereto except
in such courts), waives any objection to the
laying of venue of any such litigation in the
Kansas Courts and agrees not to plead or claim in
any Kansas Court that such litigation brought
therein has been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use are intended
to be severable. If for any reason any provision
of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any
jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any
manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction.
ACKNOWLEDGMENT The Terms of Use, including all
documents referenced herein, represents the entire
understanding between you and qlites.com regarding
your relationship with qlites.com and supersedes
any prior statements or representations. YOU AGREE
TO BE BOUND BY THE TERMS OF USE by using the
qlites.com web site. The aforementioned Terms of
Use are subject to change.
That's it, if you have any questions please
email us at sales@qlites.com
or call 800-880-1885. Customers outside the U.S.,
please call 913-685-4103.
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