Terms of Use

These Terms of Use (“Terms of Use”) applies to the website(s) identified below (the “Site(s), which Sites are developed, maintained and operated by Qualidigm, Inc. (“Qualidigm”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE SITES.  YOUR USE OF ANY SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE AND THE ASSOCIATED PRIVACY POLICY.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THE SITES.  These terms and conditions apply to all users of the Sites and services associated with such Sites.

Changes to these Terms of Use

Qualidigm may change these Terms of Use at any time.  Any such changes shall be effective immediately upon notice to you, which notice may be provided by posting the revised Terms of Use on the Sites.  Any use of the Sites after notice of the revised Terms of Use shall constitute your acceptance of such changes.  If you do not agree to the revised Terms of Use, you should discontinue use of the Sites.

Your Use of the Site

Except as expressly agreed in any other written agreement made by Qualidigm, you may use the Sites solely for your personal, non-commercial use.  All text, graphics, user interfaces, visual interfaces, photographs, trademarks ®, trademarks ™, logos, sounds, music, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, presented through a Site are owned, controlled or licensed by or to Qualidigm, and are protected by trade dress, copyright, patent and trademark and various other intellectual property rights and unfair competition laws.  Except as expressly provided in these Terms of Use, no part of any Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Qualidigm’ express prior written consent.  You may not remove, obscure or alter any copyright notices, trade names, trademarks ®, trademarks ™, service marks, logos, other distinctive brand features or other proprietary rights notices affixed to or contained within any Site, or the Content.  You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.  Any other reproduction, transmission, performance, display or editing of these materials by any means mechanical or electronic without the express written permission of Qualidigm is strictly prohibited.

Prohibited Actions

You may not:

  • attempt to gain unauthorized access to any portion or feature of any Site, any other systems or networks connected to any Site, any Qualidigm server, or any of the services offered on or through any Site, by hacking, password “mining” or any other illegitimate means;
  • use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire or monitor any portion of any Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of a Site or any Content, or to obtain any materials, documents or information through any means not purposely made available through a Site;
  • modify, decompile, reverse engineer or create derivative works of any Site;
  • probe, scan or test the vulnerability of the Site or any network connected to a Site, nor breach the security or authentication measures on a Site or any network connected to any Site;
  • reverse look-up, trace or seek to trace any information on any other user of or visitor to a Site, or any other customer of Qualidigm, including any Qualiance account not owned by you, to its source;
  • exploit the Site or any service or information made available or offered by or through a Site, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by a Site;
  • take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Qualidigm’ systems or networks, or any systems or networks connected to a Site or to Qualidigm;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of a Site or any transaction being conducted on any Site, or with any other person’s use of any Site;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Qualidigm on or through a Site or any service offered on or through any Site;
  • pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
  • link any Site to any other web site without the express written approval of Qualidigm;
  • use any Site or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Qualidigm or others.

Any use of a Site (including any Content) for any purpose not expressly permitted in these Terms of Use is prohibited.  You acknowledge that your failure to abide by these Terms of Use may subject you to civil and criminal liability.

Submissions

Do not send Qualidigm any ideas, concepts, materials, comments or suggestions (“Submissions”) that you consider to be confidential or proprietary.  If you send Submissions to us, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Qualidigm and its affiliates are under no obligation to keep such information confidential, (c) you will not be compensated for any Submission, and (d) Qualidigm will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.

Third Party Sites

The Sites may contain links to web sites that are not owned or controlled by Qualidigm.  Qualidigm does not monitor or review third party sites, and makes no representations or warranties of any kind with regard to any third party sites or their terms of use or privacy practices.  You should review the terms of use and privacy policy of each site you visit.  Your use of any third party site is at your sole risk.

Information

Qualidigm makes an effort to keep the information on any Site reliable and accurate, but does not guarantee the reliability or accuracy of any of the information on either any Site or on websites that may be accessed from any Site.

No Advice

Qualidigm provides no advice or endorsement of any kind, nor does Qualidigm give any advice or offer any opinion with regard to the value or suitability of any particular transaction or course of action.  The availability of information through a Site does not constitute a recommendation by Qualidigm to follow any course of action.  Any decision that you make must be based solely on your own evaluation of your circumstances and objectives.  Qualidigm recommends that you independently verify the accuracy, currency and reliability of any information made available via a Site and upon which you intend to rely.

Your Representations and Warranties

By using any Site, you represent and warrant that (a) you are at least 18 years old, (b) you have read and agree to abide by these Terms of Use, (c) you are not barred from using the Site (including any Content) under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site (including any Content), (d) you have read and agree to Qualidigm’s Privacy Policy, (e) any information you submit to Qualidigm is truthful and accurate, and (f) you will not use the Site (including any Content) for any unlawful purpose or in violation of any applicable law.

Your Obligation to Indemnity

You agree to indemnify, defend and hold Qualidigm, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of any Site (including any Content) and/or your breach of any of these Terms of Use.

Disclaimer of Warranties, Limitations of Liability

Qualidigm does not guarantee that any files or information available for downloading from a Site are free of infection from viruses or other harmful components, and Qualidigm shall have no liability in connection with any such harmful component.  Qualidigm shall not be liable for any errors or delays in any Site (including any Content), or for any actions taken in reliance thereon.  Qualidigm reserves the right, in its sole discretion, to correct any errors or omissions in any portion of any Site.

Qualidigm makes no promises, and shall have no liability, with respect to the reliability, accuracy, timeliness or completeness of any information displayed or distributed through a Site.

THE SITES ARE MADE AVAILABLE ON AN “AS IS” AND “WHERE IS” BASIS.  YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF ANY SITE (INCLUDING ANY CONTENT).  QUALIDIGM EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) RELATED TO ANY SITE, THE CONTENT AND OTHER MATERIALS ON OR ACCESSED THROUGH A SITE OR ANY LINKED SITE AND ANY SERVICE OBTAINED THROUGH OR AS A RESULT OF ANY VISIT TO THE SITE.  QUALIDIGM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.  UNDER NO CIRCUMSTANCES WILL QUALIDIGM BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE SITE (INCLUDING ANY CONTENT) OR ANY SERVICES OTHERWISE MADE AVAILABLE THROUGH THE SITE, EVEN IF QUALIDIGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL QUALIDIGM AGGREGATE LIABILITY IN CONNCTION WITH ANY SITE EXCEED $50, REGARDLESS OF THE CAUSE OF ACTION.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

Termination of Use

Except as otherwise prohibited by law and subject to the terms of any other written agreement between you and Qualidigm, Qualidigm may, in its sole discretion, terminate your use of any Site at anytime, for any or no reason.  Qualidigm reserves the right to change, suspend, or discontinue all or any aspects of any Site at any time, without prior notice.

Miscellaneous

These Terms of Use shall be governed by the laws of the State of Michigan(without regard to the rules governing conflicts or choice of laws), and any action shall be initiated and maintained exclusively in a forum of competent jurisdiction in the State of Michigan.  These Terms of Use and the Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter.  In the event that any provision of these Terms of Use is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect.  No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.

Modifications to these Terms of Use

Qualidigm may change these Terms of Use at any time and such changes will be effective immediately upon posting to the affected Site.  You should check these Terms of Use periodically because your continued use of the Site shall constitute your acceptance of any modified terms and conditions.  If you do not agree to the modified terms and conditions, you should discontinue use of the affected Site.

You may not assign these Terms of Use or any of your interests, rights or obligations hereunder.

All rights not expressly granted herein are fully reserved to Qualidigm, Inc..

Applicability

Sites: Qualidigm.org; qualiancehh.org; app.smartaudit-tool.com

 

Last Updated 3/5/18