Terms of Use.

YOU SHOULD CAREFULLY READ THE FOLLOWING COMSCIRE TERMS OF USE AGREEMENT.

This following ComScire1 Website Terms of Use Agreement (the “Terms of Use” or “Agreement”) governs your use of this Website (the “Site”).

1. No Interference

We want you and other visitors to access our Site without interference. Thus, you agree not to transmit or otherwise make available any virus, worm, Trojan Horse, spyware, or any other computer file, code, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. You further agree not to post, transmit, or otherwise make available any unsolicited or unauthorized spam, chain letters, pyramid schemes, advertising, promotional materials, or any other form of solicitation. You shall not disrupt or interfere with the Site or the servers or networks that provide the Site, or disobey any procedures, policies or regulations of such networks. You are not permitted to create a database by systematically downloading and storing all or any of the content on the Site. You shall not use any spider, robot, site search/retrieval application, or other manual or automatic device or process to index, retrieve, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by ComScire.

2. Forums

The Site may include forums, bulletin boards, chats and other areas where visitors can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Forums”). ComScire does not control the material delivered to Forums, and ComScire has no obligation to monitor such Forums. The messages do not necessarily reflect the views of ComScire. In no event shall ComScire assume or have any responsibility or liability for any materials posted on Forums or for any claims, damages or losses resulting from their use and/or appearance on the Site.

ComScire reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Forums) as necessary to satisfy any law, regulation or governmental request. In addition, ComScire reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in ComScire’s sole discretion are tasteless, offensive, objectionable or in violation of this agreement or ComScire’s Privacy Policy. As a reminder, if you do transmit or post any material or communication to the Site by electronic mail, message boards or otherwise, it will be deemed the property of ComScire, and may be used by ComScire for any purpose at ComScire’s sole discretion, including, but not limited to, disclosure, broadcast, transmission, reproduction, posting and publication, as well as in the manufacturing, marketing and development of products using such information without compensation or further obligation to you. Without limitation of the foregoing, ComScire shall exclusively own all rights to the submitted information, in perpetuity, throughout the universe; in the event that ComScire is legally prohibited from assuming ownership of the submitted information, by merely sending the information you grant ComScire a perpetual, worldwide, non-exclusive, assignable, royalty-free, irrevocable right to use, reproduce, publicly perform, distribute, create derivative works of, publicly display, digitally perform, make, have made, sell, offer for sale and import such information in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any provider of the information.

With your use of the Site, and in particular the Forums, you shall not post or transmit any unlawful, threatening, abusive, libelous, derogatory, defamatory, obscene, vulgar, pornographic, profane, offensive or indecent information of any kind, including images and language; post any message that solicits or promotes gambling or engage in any gambling activity; post any hateful or harassing messages, information or material; post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing; use Forums for any illegal purposes (or to solicit any illegal act); or use the Site to collect personally identifying information about visitors of the Site ComScire does not control the materials posted via the Site and the Forums and therefore does not guarantee the accuracy, integrity or quality of such materials. You understand that by using the Site and the Forums, you may be exposed to content that is offensive or objectionable. While using the Site, and Forums, you agree to comply with all applicable laws, rules and regulations.

3. Changes to the Terms of Use

ComScire reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Site, hours of availability, content, data, software or equipment needed to access the Site, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using the Site. Your continued use of the Site following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. ComScire may change, modify, suspend, or discontinue any aspect of the Site at any time. ComScire may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. The entire risk arising out of the use or performance of the Site (including without limitation the Software and manual(s)) remains with you, the visitor. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

4. Termination

This agreement is effective until terminated by either party, wherein you may terminate by ceasing all use of any of the Site, and ComScire will terminate immediately without notice if, in its sole discretion, you fail to comply with any term herein. Upon termination, you may not access or use the Site or any materials obtained from the Site (unless and until you agree to be bound by the then-current applicable Terms of Use). You understand and agree that ComScire shall not have any liability to you or any other person for any termination of your access to the Site. You agree that any provisions of this agreement which, by their terms, ought to survive, including but without limitation all sections related to the reservation of rights in regard to ComScire intellectual property, shall survive any termination of this agreement.

5. Warranty Disclaimer

While ComScire uses reasonable efforts to include accurate and up to date information in the Site, it makes no warranties or representations as to its accuracy, nor does it assume liability or responsibility for any errors or omissions in the content of the Site. THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMSCIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMSCIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, IN TERMS OF THEIR ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. COMSCIRE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.

You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided here under. You acknowledge and agree that your use of the Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.

YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY SERVICE, MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO OPINION, ADVICE, OR STATEMENT OF COMSCIRE OR ITS AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMSCIRE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY CONTRACT, EQUITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF STATUATORY DUTY AND STRICT LIABILITY) OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE ADVERTISED ON OR PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, COMSCIRE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, EVEN IF COMSCIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN OR POSTED ON THE SITE IS TO STOP USING THE SITE, AND/OR SOFTWARE, AS APPLICABLE. IN NO EVENT SHALL COMSCIRE’S MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IN NO EVENT SHALL YOU BE ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF.

7. Indemnification

You agree to indemnify, defend and hold ComScire, its officers, directors, employees, agents, licensors and representatives harmless from and against any and all claims, damages, liability, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of this agreement, your activities in connection with the Site and Forums, and/or any allegation that any materials that you submit to ComScire or transmit or post to the Site infringe or otherwise violate the copyright, trademark, trade secret, trade dress, patent or other intellectual property or other rights of, or defame or violate the right of publicity or privacy of, any third party. ComScire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ComScire’s defense of such claim.

8. Force Majeure

ComScire shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ComScire, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ComScire’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

9. Acknowledgments

You hereby acknowledge and agree that:

  1. ComScire may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if ComScire believes that doing so may protect your safety or the safety of others.
  2. COMSCIRE MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that ComScire is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
  3. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

10. Equitable Remedies

In the event that you breach this Agreement, you hereby agree that ComScire would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that ComScire shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as ComScire may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 16, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

11. Dispute Resolution and Governing Law

You and ComScire each agree that all disputes between you and ComScire that arises out of, or relates to, these TOU, will be resolved in accordance with the ComScire Dispute Resolution Policy. Should any portion of the ComScire Dispute Resolution Policy be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of the ComScire Dispute Resolution Policy shall remain in force and effect.

All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the rights and obligation of visitors or ComScire in connection with the Site and the Software shall be governed by and construed in accordance with the internal laws of the United States of America, state of New Mexico, without giving effect to any choice of law, or conflict of law, rules or provision that could cause the application of any other jurisdictions laws.

The state and federal courts located in New Mexico shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and by using the Site, each visitor hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.

12. Miscellaneous

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and ComScire concerning the use of the Site and the various offerings on the Site, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and ComScire; provided, however that this Agreement is in addition to, and does not replace or supplant, any ComScire EULA or the Subscription Agreement. This Agreement may only be modified as set forth herein. Any heading, caption or paragraph title contained herein is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

Effective Date: October 24, 2014

Updated: November 9, 2018

1 ComScire is a registered trademark of The Quantum World Corporation (QWC), a Colorado corporation. QWC (DBA ComScire) is solely responsible for the content of the ComScire website. In this agreement, ComScire means The Quantum World Corporation.