IMPORTANT - PLEASE READ THESE TERMS OF SERVICE (.TERMS OF USE.) CAREFULLY BEFORE USING THIS WEBSITE AND/OR ANY SERVICES PROVIDED BY QUTTERA.COM (.COMPANY.). YOUR USAGE OF THIS WEBSITE(.SITE.) AND/OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THIS SITE, INDICATES THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU ACCEPT THEM AS PRESENTED. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the .Terms of Service.) and all other
operating rules, policies and procedures that may be published from time to time on the Site by Company. In addition, some services offered may be subject to
additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which
are incorporated into these Terms of Service by this reference.
Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void
where prohibited by law and the right to access the Service is revoked in such jurisdictions.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time. Any changes to these Terms of Service will be posted on this page and with an indicator as to the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
3. Customer Account and RegistrationAs a condition to using certain aspects of the Service, you will be required to register with Company and select one or more password(s) and account(s). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel account(s) in its sole discretion. You are solely responsible for activity that occurs on your account(s) and shall be responsible for maintaining the confidentiality of your account(s) and password(s). You shall never use another user's account(s) without such other user's express permission. You will immediately notify Company in writing of any unauthorized use of your account(s), or other account(s) related security breach of which you are aware. Company shall not be responsible for any losses arising out of the unauthorized use of your account(s).
4. Rules and Conduct
As a condition of use, you agree not to use the Service for any purpose that is prohibited by the Terms of Service or by applicable law.
The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use.
You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Service, the term .Content. includes,
without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software,
scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service. By way of
example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or
otherwise distribute or facilitate distribution of any content on or through the Service, that:
* Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
* Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane;
* Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
* Involves commercial activities and/or sales without Company.s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
* Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data,password or other information
of Company or any third party;
* Impersonates any person or entity, including any employee or representative of Company.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer
any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims
or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
6. Intellectual PropertyElements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Company. Quttera and Quttera logo, and/or other Quttera products referenced herein are Quttera intellectual property. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners, and are subject to applicable Intellectual Property Laws.
7. DISCLAIMER OF WARRANTY;LIMITATION OF LIABILITY
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding:
which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content;
or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content
through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no
representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED .AS IS. AND .AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE
OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO
NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS
ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEMS OR LOSS OF DATA THAT RESULTS FROM USAGE OF THE SITE AND SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will
not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information,
or any other Content stored on Company.s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL
COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR
OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE
RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST COMPANY FOR LOST
DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT
TO SUE COMPANY FOR, ANY CLAIMS BASED ON OR RELATED TO YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE.
BY USING THE SERVICE AND SITE, YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY.S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
9. Fees and PaymentCompany reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. You will be responsible for payment at the time of account creation and package selection. In order to receive remediation services, you must sign up for a year package. You may select monthly billing, however, if at any time you utilize the remediation services, you will be charged a cancellation fee that will equal the monthly subscription. Company reserves the right to change its price list and to institute new charges at any time, upon seven (7) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.