Please read these terms and conditions carefully.
These terms and conditions apply to the use of this Web site and
to the use of any of our information, software, function, graphics,
artwork, this Web site or any other material contained on this Web
site (collectively referred to as “contents”).
By using this Web site and its contents, you agree to abide by these
terms and conditions and any changes to these terms and conditions
that QSGI and/or its affiliates may publish from time to time. If
you do not agree to these terms and conditions as the same may now
or hereafter exist, do not access or use this Web site or any pages
thereof.
Intellectual Property and Copyright by QSGI
Title to and all intellectual property rights in the Web site and
its contents remain in QSGI, unless otherwise expressly indicated.
This Web site and/or its contents may include information, software
and other tools, which are the proprietary property of others or
which are public or works of the government. QSGI is using such information,
software and other tools with permission and authority from the owners
of such proprietary rights when required.
Trademarks and Service Marks
The trademarks, service marks and logos contained on this site and
its contents are service marks or trademarks of QSGI, except as otherwise
noted. QSGI may also claim trademark or service mark rights in other
product names, business names, logos, slogans and other marks contained
on this Web site and its Contents. You may not in any way use any
QSGI marks without first obtaining our prior express written permission.
As indicated in this Web site, the names of actual companies and
products mentioned in this Web site may not be the property of QSGI
and may be the trademarks or service marks of their respective owners.
Use of Web site and Web site Materials
When using particular information, materials and/or services on
this Web site, you will be subject to any posted guidelines or notes
applicable to such services or materials that may contain terms and
conditions in addition to these Terms and Conditions. All such guidelines
or rules are hereby incorporated by reference into these Terms and
Conditions.
This Web site and its contents are not intended for distribution
to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to local law or
regulation. You may not print, copy, upload, post, publish, modify,
display, transfer, resell, reproduce, republish or distribute this
Web site or its contents in any way (whether electronically or otherwise)
or create other works based on it, unless expressly authorized by
these Terms and Conditions, the express provisions on this Web site,
our prior written consent. Copies made incidentally in the ordinary
course of your personal, non-commercial use of this Web site are
permitted, provided that you do not modify or alter the material
in any way and you do not delete or change any copyright, trademark
or other notices.
You may not use the information or material on this Web site for
any unlawful purpose.
Termination and Remedies
If you breach any of these Terms and Conditions, your authorization
to use this Web site automatically terminates and you must immediately
destroy any materials improperly obtained. QSGI may seek any available
legal remedy or take any reasonable business steps to prevent the
unauthorized use of, or access to, this Web site, and to prevent
access to users who violate these Terms and Conditions. You agree
that we would be irreparably harmed if you breach this provision
and that monetary damages would be inadequate to remedy such breach.
Accordingly, you also agree that specific and injunctive or other
equitable relief is the appropriate remedy for such a breach.
Modifications and Changes
We may make changes to the Web site and its contents, including
our products and/or services and these Terms and Conditions, at any
time without notice to you. Your use of this Web site at any time
constitutes your agreement with these Terms and Conditions as the
same may from time to time be modified.
Errors
Although we attempt to keep this Web site and its contents accurate,
complete and current, the site may contain technical or other mistakes,
inaccuracies or typographical errors. The information and materials
on this Web site may be out of date, and we make no commitment to
update this Web site or its Contents. It is your responsibility to
verify any information before relying on it.
Availability of Web site and Content, Including Products
and Services
This Web site is controlled, operated and administered by QSGI from
its offices within the United States of America. If you access this
Web site from a location outside of the United States, you are responsible
for compliance with all local or international laws.
Not all products and services are available in all geographic areas.
Your eligibility for particular products and/or services may be subject
to final determination and acceptance by QSGI.
References
References to any specific commercial product, process, service
or publication by trade name, trademark, service mark, manufacturer
or otherwise are provided for general information purposes only and
do not constitute a warranty, endorsement, recommendation or favoring
by QSGI. QSGI makes no warranty of any kind with respect to the subject
matter or products listed herein or the completeness, accuracy or
reliability of the information.
Links to Third Party Sites
QSGI may establish links between this Web site and one or more Web
sites operated by third parties, and we are providing these links
only as a convenience to you. Such links allow you to leave our Web
site and are not under our control. Access to any other Web site
linked to this Web site is at your own risk. We have not investigated,
verified, monitored or tested the accuracy, reliability or completeness
of any information, data, opinions, advice, statements, software,
products or services found on or contained in these linked sites
or any change or updates to such sites and therefore do not make
any representations whatsoever with respect thereto. The inclusion
of a link to another Web site does not constitute an approval, endorsement,
authorization, sponsorship or affiliation by us with respect to such
site, its owners or its providers.
Privacy Policy
We recognize and respect the privacy expectations of our clients.
To view our Security and Privacy Statement, click here.
Registration
Some areas of this Web site may require you to become a member.
When and if you register to become a member, you agree to: (1) provide
accurate, current and complete information about yourself as prompted
by our registration form (including your email address); and (2)
maintain and update your information (including your email address)
to keep it accurate, current and complete. You acknowledge that,
if any information provided by you is untrue, inaccurate, not current
or incomplete, we reserve the right to terminate your right to use
this Web site.
Use and Protection of Account Numbers, User IDs and Passwords
We may refuse to grant you a User ID that impersonates someone else,
is similar to that used by another, is or may be illegal, is or may
be protected by trademark or other proprietary rights laws, is vulgar
or otherwise is offensive, or may cause confusion, as determined
by us in our sole discretion. YOU ARE RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR ACCOUNT NUMBER(S), USER IDS AND/OR PASSWORDS,
AS APPLICABLE. YOU ARE RESPONSIBLE FOR DAMAGES RESULTING FROM ALL
USES OF YOUR ACCOUNT NUMBER(S), USER ID AND/OR PASSWORD, WHETHER
OR NOT ACTUALLY OR EXPRESSLY AUTHORIZED BY YOU, UNLESS ACCESS TO
YOUR ACCOUNT NUMBER(S), ACCOUNT NAME, USER ID AND/OR PASSWORD WAS
OBTAINED THROUGH NO FAULT OR NEGLIGENCE ON YOUR PART. You will immediately
notify us of any unauthorized use of your User ID, or password or
any other breach of security.
Not Legal, Accounting or Other Professional Advice
The information contained on this Web site is not intended to constitute
and should not be considered as legal, accounting or other professional
advice, nor is it intended to substitute for obtaining such advice.
If legal, accounting or other professional advice or assistance is
needed, the services of a competent, independent legal counsel, accountant
or other professional in the relevant jurisdiction should be sought.
Users should note that the regulatory regime in offshore jurisdictions,
including investor protection and compensation arrangements, might
well be different from their home jurisdiction.
Use of Examples
The example companies, organizations, products, services, persons
and events depicted herein are intended to be fictitious, and no
association with any real company, organization, product, service,
person or event is intended to or should be inferred.
Other Third Party Information
The information contained in any article or graph contained elsewhere
on this Web site is based on sources that we believe to be reliable,
but no representation is made as to its accuracy, reliability or
completeness.
Submissions
All information transmitted or otherwise submitted to us via this
Web site shall upon transfer or submission be deemed to be the property
of QSGI, and QSGI shall be free to use such information for any lawful
purpose within the guidelines of our Privacy Policy.
Forward-Looking Statements
This Web site and/or its contents may from time to time contain
certain statements or information with respect to: (1) the projection
of QSGI's revenues, income, earnings per share, capital expenditures,
dividends, capital structure or other financial items; (2) the plans,
objectives and/or projections of QSGI for future operations, including
those relating to the products or services of QSGI; (3) QSGI's future
economic performance; (4) assumptions underlying or relating to any
of the foregoing statements or information; and (5) any other projections,
estimates or forward-looking statements. All such statements and
information are forward-looking statements within the meaning of
federal securities laws. Such forward-looking statements are based
upon, or will be based upon, QSGI's expectations or forecasts with
respect to future events and are subject to a number of uncertainties
and risks that could cause actual results or circumstances to differ
materially from those expressed in the forward-looking statements.
Such forward-looking statements should be viewed only as predictions
and with the understanding that actual events or results may differ
materially. For further detail and information concerning the foregoing
or QSGI in general, please consult the company's documents and reports
on file with the Securities and Exchange Commission, particularly
QSGI's most recent Form 10-KSB and Form 10-QSB, copies of which are
available from QSGI's Investor Relations Department.
General Notices
QSGI (and to the extent there may now be or are in the future),
its affiliates and subsidiaries are Equal Opportunity Employers.
Disclaimers
ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THIS WEB SITE
AND THE CONTENTS THEREOF ARE PROVIDED "AS IS." QSGI MAKES
NO REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR
AND WITHOUT LIMITATION, MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT
THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED
ON THIS WEB SITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED
BY LAW.
Limitation of Liability
AS A CONDITION TO QSGI PROVIDING THIS WEB SITE AND/OR ACCESS TO
ITS CONTENTS, YOU AGREE THAT IN NO EVENT SHALL QSGI BE RESPONSIBLE
OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND,
ARISING IN CONNECTION WITH THIS WEB SITE OR ANY WEB SITE LINKED HERETO,
THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM
FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY,
STRICT LIABILITY OR OTHERWISE, EVEN IF QSGI IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, LOSSES OR EXPENSES.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED
BY LAW.
IN ALL EVENTS QSGI'S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
SHALL BE NO MORE THAN THE TOTAL AMOUNT OF ANY MONEY QSGI RECEIVES
FROM YOU PURSUANT TO YOUR AUTHORIZED USE OF THIS WEB SITE AND/OR
ITS CONTENTS.
Indemnification by User
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS QSGI, ITS SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDER
TO US FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING
REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE
TERMS AND CONDITIONS BY YOU.
Other Agreements
These Terms and Conditions shall be subject to any other written
agreements you have entered into with QSGI and, except, as expressly
set forth herein, in the event of a conflict, the terms of those
agreements will govern.
Waiver
Any waiver of or failure to enforce any right under or term or provision
of these Terms and Conditions by QSGI shall not be deemed to be a
waiver of such right or any other right, term or provision of these
Terms and Conditions at any time.
Severability
In the event that any portion of these Terms and Conditions shall
be determined to be unenforceable by a court of competent jurisdiction,
the remainder of these Terms and Conditions shall not be impaired,
affected or invalidated, and the unenforceable term or provision
shall be replaced by such enforceable term or provision as comes
closest to the intention underlying the unenforceable term or condition.
Governing Law and Venue
Use of this Web site will be governed by and construed in accordance
with the laws of the State of New Jersey and the United States of
America, without regard to conflict of law principles. Except in
the event of injunctive relief which shall be brought in the state
or federal courts of Mercer County, New Jersey, you and QSGI agree
that all other proceedings, whether at law or in equity, related
to this Web site and/or its contents shall be filed in and adjudicated
in binding arbitration pursuant to the rules of the American Arbitration
Association Commercial Rules solely in Mercer County, New Jersey
and enforced by the state courts of Mercer County, New Jersey. You
further consent and submit to the exclusive personal jurisdiction
and venue for the purpose of this paragraph in Mercer County, New
Jersey. In the event of any legal, equitable or arbitration proceedings,
the prevailing party in the same shall be entitled to attorneys’ fees
and costs in all pretrial, trial, arbitration proceedings, appellate
levels or enforcement proceedings.
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