1. ACCEPTANCE OF TERMS
carefully before using the QZIPX.COM.com website ("Website") in any manner. Your use
of the Website constitutes acceptance of these Terms. If you
do not agree to all of these terms, do not use this Website.
The Terms are entered into by and between QZIPX.COM ("QZIPX.COM") and you. If
you are using the Website on behalf of your employer, you
represent that you are authorized to accept these Terms on
your employer's behalf.
2. YOUR OBLIGATIONS
2.1 You are not required to
register in order to use portions of this Website. However,
in the future certain portions of this Website may be
available only to registered users. If you choose to
register, you agree to: (a) provide true, accurate, current,
and complete information as prompted by the registration
form (the "Registration Data"), and (b) maintain and
promptly update the Registration Data to keep it true,
accurate, current and complete.
You are solely responsible for the security of your
password. QZIPX.COM is not liable
for any unauthorized use of the Website.
If you are an QZIPX.COM customer or an QZIPX.COM Technology
Partner, you acknowledge and agree that certain portions of
this Website may provide password-restricted access to
information about you and your relationship with QZIPX.COM,
such as Registration Data and certain terms of your existing
contracts, to assist customers in purchasing, maintaining,
and supporting QZIPX.COM products, and to assist Technology
Partners in marketing, purchasing, maintenance, training,
and support activities. By using this Website, you consent
display of such information via the Website and accept all
risks of unauthorized access to such information.
If you provide any information that is false, inaccurate,
out of date, or incomplete, or QZIPX.COM has reasonable
grounds to suspect that such information is false,
inaccurate, not current, or incomplete, QZIPX.COM may suspend or terminate your account
(as described in Section 5) and refuse any and all current
or future use of the Website (or any portion thereof).
2.5 You are responsible for
all expenses, including, without limitation, phone charges
and telecommunications equipment, that you incur in order to
use the Website.
You acknowledge that you may obtain access via the Website
to certain confidential information of QZIPX.COM and its
suppliers and partners, such as technical, contractual,
pricing, marketing, and other valuable information
("Confidential Information"). You agree not to disclose
Confidential Information to any person or entity other than
employees or contractors in your organization who have a
need to know and who are bound by contractual obligations of
confidentiality sufficient to give effect to this Section 3.
Under no circumstances will you disclose Confidential
Information to a competitor of QZIPX.COM.
You may use Confidential Information solely for the purpose
of purchasing, maintaining, and supporting QZIPX.COM
products, and/or for marketing purposes if you are a
QZIPX.COM Technology Partner. Title to Confidential
Information remains with QZIPX.COM and
its suppliers and partners. You agree, either as an
individual or on behalf of your employer, to be bound by the
provisions of this Section 3. Furthermore, if you are acting
on behalf of your employer, your employer agrees to
indemnify you for violations of this Section 3.
3.3 You do not acquire any
rights in Confidential Information, except the limited right
to use Confidential Information as described above.
Any breach of the Terms will result in irreparable harm to
QZIPX.COM for which damages would be an inadequate remedy
and, therefore, in addition to its rights and remedies
otherwise available at law, QZIPX.COM will be entitled to
equitable relief, including both a preliminary and permanent
injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if
QZIPX.COM seeks such
Your obligations regarding Confidential Information expire
five (5) years after the date of disclosure. Upon
termination of your access to the Website or QZIPX.COM's written request, you must cease use of
Confidential Information and return or destroy all
The Terms impose no obligation upon you with respect to
Confidential Information that you can establish by legally
sufficient evidence: (a) you possessed, or knew, prior to
your receipt from QZIPX.COM, without an obligation to
maintain its confidentiality; (b) is or becomes generally
known to the public through no act or omission by you, or
otherwise without violation of the Terms; (c) you obtained
from a third party who had the right to disclose it, without
an obligation to keep such information confidential; (d) you
independently developed without the use of Confidential
Information and without the participation of individuals who
have had access to Confidential Information. You may
disclose Confidential Information in response to a valid
order by a court or other governmental body, or as otherwise
required by law, provided that you give prior notice to
QZIPX.COM adequate to afford QZIPX.COM the opportunity to object to the disclosure.
You agree to indemnify and hold QZIPX.COM, and its subsidiaries, affiliates, directors,
officers, employees, agents, and partners, harmless from any
claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the
Website, including any use by your employees or contractors,
your violation of the Terms, or your violation of any rights
5. NOTICES; MODIFICATION AND
TERMINATION OF SERVICES
QZIPX.COM may send notices to you via either electronic mail
or regular mail. The Website may also provide notices of
changes to the Terms or other matters by displaying notices
or links to notices. QZIPX.COM reserves the right to modify
or discontinue, temporarily or permanently, products,
services, or content offered on the Website (or any part
thereof) at any time without notice. QZIPX.COM, in its sole
discretion, may terminate your account or use of the Website
for any reason, including, without limitation, for lack of
use or if QZIPX.COM believes that you have violated the
Terms. Further, QZIPX.COM will not be liable to you or any third-party for
any termination, modification, or suspension of access to
the Website (or any part thereof).
6. ADVERTISEMENTS AND PROMOTIONS
QZIPX.COM may display advertisements and promotions from
third parties on the Website. The manner, mode, and extent
of advertising on the Website are subject to change. Your
correspondence or business dealings with, or participation
in promotions of, advertisers other than QZIPX.COM found on
or through the Website, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties, or representations associated with such
dealings, are solely between you and such advertiser.
QZIPX.COM is not responsible or liable for any loss or
damage of any sort incurred as the result of any such
dealings or as the result of the presence of such non-QZIPX.COM advertisers on the Website.
The Website may provide links to other Internet sites or
resources as a convenience to you. Because QZIPX.COM has no
control over such sites and resources, you acknowledge and
agree that QZIPX.COM is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any content,
advertising, products, services, or other materials on or
available from such sites or resources. QZIPX.COM will not be responsible or liable,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or
reliance on any such content, goods, or services available
on or through any such site or resource.
8. INTELLECTUAL PROPERTY RIGHTS
The Website contains proprietary and confidential content
that is protected by applicable patent, trademark,
copyright, and other intellectual property rights and laws.
Except as specified below, nothing contained herein shall be
construed as conferring, by implication, estoppels, or
otherwise, any license or right under any patent, trademark,
or copyright of QZIPX.COM or any third party.
8.2 Any software, software
updates, or patches downloaded from the Website may be used
only: (i) as allowed under the accompanying license; or (ii)
subject to the license governing the original product.
Services provided as an element of QZIPX.COM's support, training, or professional
services are governed by the terms of the applicable
support, training, or professional services agreement.
8.4 You must not modify,
decompile, or reverse engineer any software obtained from
the Website, and must not remove, overprint, or deface any
notice of copyright, trademark, or other notice of ownership
from any originals or copies of software or Confidential
Information obtained from the Website.
QZIPX.COM hereby authorizes you to copy materials published
by QZIPX.COM on this Website solely for non-commercial use
within your organization (or if you are a QZIPX.COM
Technology Partner, your customer's organization) in support
of QZIPX.COM products or services.
No other use of the information is authorized. In
consideration of this authorization, you agree that any copy
of these materials that you make shall retain all copyright
and other proprietary notices in the same form and manner as
on the original.
9. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS
OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITE IS
PROVIDED "AS IS." QZIPX.COM DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND,
INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. QZIPX.COM MAKES
NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR
COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE.
9.2 ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING
ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
10. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, QZIPX.COM IS
NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR
OTHER ECONOMIC ADVANTAGE (EVEN IF QZIPX.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS
OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR
THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER
MATTER RELATING TO THE WEBSITE, INCLUDING CONTENT YOU MAY
DOWNLOAD, USE, MODIFY, OR DISTRIBUTE FROM THE WEBSITE.
can be found at
http://www.QZIPX.COM.com/privacy. By using the Website,
you are consenting to the processing of your data by
QZIPX.COM and consenting to the terms of QZIPX.COM's Privacy
Policy. If QZIPX.COM decides to change that policy,
will post the revised policy prominently on the Website or
otherwise bring it to your attention.
12. GENERAL INFORMATION
The Terms constitute the entire agreement between you and
QZIPX.COM with respect to your use of the Website,
superseding any prior agreements between you and QZIPX.COM
(including, but not limited to, any prior versions of the
Terms). You also may be subject to additional terms and
conditions that may apply when you use other QZIPX.COM products or services, third-party content, or
third-party products or services. You must not assign or
otherwise transfer the Terms or any right granted hereunder.
Sections 3, 7, 8, 9, 10, and 11 survive termination of the
Massachusetts law and controlling U.S. federal law govern
any action related to the Terms. No choice of law rules of
any jurisdiction apply. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale
of Goods. You and QZIPX.COM agree to submit to the personal and exclusive
jurisdiction of the courts located within Middlesex County,
Massachusetts and/or the corresponding U.S. federal courts.
QZIPX.COM controls and
operates this Website from its headquarters in the United
States of America and makes no representation that the
content of the Website is appropriate or available for use
in other locations. If you use this Website from other
locations, you are responsible for compliance with
applicable local laws including but not limited to the
export and import regulations of other countries.
12.4 You acknowledge and agree
that the content of the Website may be subject to the U.S.
Export Administration Laws and Regulations. Diversion of
such content contrary to U.S. law is prohibited. You agree
that none of the content, nor any direct product there from,
is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals, nor be used for
nuclear activities, chemical or biological weapons, or
missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export
Administration Regulations. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for
obtaining licenses to export or re-export as may be
This Website could include inaccuracies or typographical
errors. QZIPX.COM tries to make the information on the
Website accurate and current but does not guarantee it. Use
of such information is at your own risk. QZIPX.COM may
modify the content, products, services, and prices described
in this Website at any time without notice. QZIPX.COM may amend these Terms at any time
by posting the amended terms on the Website.
The failure of QZIPX.COM
to exercise or enforce any right or provision of the Terms
does not constitute a waiver of such right or provision. If
a court of competent jurisdiction finds any provision of the
Terms to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Website or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and
have no legal or contractual effect.
QZIPX.COM Trademark Notices
QZIPX.COM, the QZIPX.COM logo
and other trademarks appearing on this website are
trademarks or registered trademarks of QZIPX.COM, Inc., in the United States and/or
other countries. All rights reserved.
disclose our information gathering and dissemination
practices for this website, http://www.QZIPX.COM.com/. Upon
1. The organization collecting
the information from you through the website.
2. What personally identifiable
information is collected.
3. How the information is used.
4. With whom the information may
5. What choices are available to
you regarding collection, use, and distribution of the
6. The kind of security
procedures that are in place to protect the loss, misuse, or
alteration of information under QZIPX.COM's control.
7. How you can access and correct
any inaccuracies in the information collected about you.
Questions regarding this policy should be directed to the
QZIPX.COM website coordinator by emailing
Webmaster or writing to us at the following address:
Attn: Website Coordinator
18133 Bilney Drive
Olney, MD 20832
What Happens to Your Information?
QZIPX.COM is the sole owner
of the information it gathers on its website. QZIPX.COM will only share your information
with outside parties in ways that are described in this
the good-faith belief that such action is necessary in order
to conform to the edicts of the law, cooperate with law
enforcement agencies, or comply with a legal process served
on our company
What Information is Collected and
How it is Used?
Registration may be required
in order to access certain areas of the website, such as the
support and partner areas. If you choose to register on the
website, we will collect contact information such as name,
mailing address, email address, phone number, and company
information such as company name and website URL. This
information is used to provide product support or other
services that you may request. The information may also be
used to contact you with marketing or promotional
information from QZIPX.COM or
our partners. You will have the opportunity to "opt-out" of
such contacts when you register.
We use email links located on the "contact us" page and
other areas of the site to allow you to contact us directly
with any questions or comments you may have. We read every
message sent in and try to reply promptly to every one. This
information is used to respond directly to your questions or
comments. We may also file your comments to improve the site
or our products and services, or review and discard the
information. Your personal information is only shared with
third parties with your explicit permission.
The QZIPX.COM website may log IP addresses and browser
types for systems administration purposes. These logs may be
analyzed to improve the value of the materials available on
the website. A user's session may be tracked, but the user
will be anonymous. We do not link IP addresses to any
personally identifiable information.
A cookie is an element of
data that a website can send to your browser, which may then
you return to the site. You can set your browser to notify
you before you receive a cookie, giving you the chance to
decide whether to accept it. You can also set your browser
to turn off cookies. If you do so, however, some areas of
some websites may not function properly.
Third Party Service Providers
QZIPX.COM may contract with
third parties to assist us in managing certain functions in
connection with our website, such as sending out
newsletters. QZIPX.COM will only provide third party service
providers with the information necessary to carry out the
service. Third party service providers will be contractually
prevented from using the information received from QZIPX.COM
for any purpose other than those dictated by QZIPX.COM.
The QZIPX.COM website may
contain links to other websites, such as partner or vendor
websites. Please note that the privacy policies of these
website you may visit.
Choices Regarding the Use
of Your Information
Unsubscribe from QZIPX.COM Email
To unsubscribe from receiving
QZIPX.COM marketing or
promotional materials, send an email request to
Webmaster. Also, if an unsubscribe link appears at the
end of an email, when you click on it you will be
unsubscribed from such mailings.
How to Update User Information
QZIPX.COM may provide a self-service capability to update
your information via the website. Also, you can send an
email request to
Webmaster to update your email address or any other
information you have given to QZIPX.COM.
Protecting your privacy and
your information is a top priority at QZIPX.COM. We have
taken measures to prevent the loss, misuse, and alteration
of your information. Once we receive your information that
was entered into our website, it is stored behind a
firewall. All QZIPX.COM employees are
aware of our privacy and security policies. Your information
is only accessible to those employees who need it in order
to perform their jobs.
Notification of Changes
If we are going to use your personally identifiable
information in a manner different from that stated at the
time of collection through this website, we will notify you
via email. You will have a choice as to whether or not we
use your information in this different manner. In addition,
if we make any material changes in our privacy practices
that do not affect user information already collected
through our site, we will post a prominent notice on our
website notifying users of the change.
If you have questions about
with it, please contact the QZIPX.COM website coordinator by emailing
Webmaster or writing to us at the following address:
Attn: Website Coordinator
P.O. Box 109
North Versailles, PA 15137