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This site is owned and operated by QQQ Software, Inc. (referred
to as "QQQ"). QQQ has the right at any time to change or discontinue
any aspect or feature of the site, including, without limitation,
the content, hours of availability, and equipment needed for access
or use of the site.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use
of the site and all charges related thereto.
A. You shall
use the site for lawful purposes only. You shall not post or transmit
through the site any material which violates or infringes in any
way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, gives rise to civil liability
or otherwise violate any law. Without QQQ's express prior approval,
you shall not post or transmit through the site any material which
contains advertising or any solicitation with respect to products
or services. You shall not use the site to advertise or perform
any commercial solicitation, including, without limitation, the
solicitation of users to become subscribers of other on-line information
services competitive with the site. Any conduct by you that in QQQ's
discretion restricts or inhibits any other user from using or enjoying
the site will not be permitted.
B. The site
contains copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software, photos,
video, graphics, music and sound, and the contents of the site are
copyrighted under the United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer
or sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. You may download one copy of any
copyrighted material for your personal, non-commercial use only.
Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express written permission of QQQ and the copyright owner. In the
event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. You acknowledge
that you do not acquire any ownership rights by downloading copyrighted
of Warranty; Limitation of Liability.
A. YOU EXPRESSLY
AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER QQQ, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THE SITE.
B. THE SITE
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE SITE.
C. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT QQQ IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
D. IN NO EVENT
SHALL QQQ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE
IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER
ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL QQQ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
You agree to defend, indemnify and hold harmless QQQ and its affiliates
and their respective directors, officers, employees and agents from
and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
TPL Tables, TPL Report, and TPL-SQL are trademarks of QQQ. All rights
reserved. All other trademarks appearing on the site are the property
of their respective owners.
QQQ also assumes no responsibility, and shall not be liable for,
any damages to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, data, text, images,
video, or audio from the Site.
8. Export Control.
Software and other materials from this Site may also be subject
to United States Export Control. The United States Export Control
laws prohibit the export of certain technical data and software
to certain territories. No software from this Site may be downloaded
or exported (1) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
Unites States has embargoed goods; or (2) anyone on the Unites States
Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. QQQ does not
authorize the downloading or exportation of any software or technical
data from this Site to any jurisdiction prohibited by the United
States Export Laws.
Associates. The business associates of QQQ identified on this Site
are independent contractors of QQQ. The business associates are
not joint venturers or partners of QQQ. No employee or representative
of the business associates is under the control of QQQ.
Terms. QQQ has the right at any time to change or modify the terms
and conditions applicable to use of the site, or any part thereof,
or to impose new conditions for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, without limitation,
posting on the site, or by electronic or conventional mail, or by
any other means. Any use of the site by you after such notice shall
be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
with respect to the subject matter hereof and supersede all previous
written or oral agreements between the parties with respect to such
with the laws of the Commonwealth of Virginia, without regard to
its conflict of laws rules. You hereby consent to the personal jurisdiction
of the Commonwealth of Virginia, acknowledge that venue is proper
in any state or Federal court in the Commonwealth of Virginia, agree
a state or Federal court in the Commonwealth of Virginia, and waive
any objection that may exist, now or in the future, with respect
to any of the foregoing. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import.