Quality Electrodynamics Terms of Service

May 22, 2018

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) that govern your use of the website accessible at QualityElectrodynamics.com, Qualedyn.com, Qualedyn.net, QEDInnovations.com, QEDInnovations.net, (collectively, the “Website”) before using this site. By continuing to access, link to, or use this site, or any service on this site, you signify your acceptance of the TOS. Quality Electrodynamics, LLC (“QED”) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately upon there posting here. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this Website. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by QED and shall be of no force or effect.

General Terms

User Consent to the TOS

You represent that you have read and agree to be bound by the TOS.

Intellectual Property

This Website, including but not limited to all text, content, photographs, video, audio and graphics, and goods that appear on or are accessible through the Website (the “Service”), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by QED, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “QED”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of QED and such others. You agree to protect the proprietary rights of QED and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by QED or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify QED in writing promptly upon becoming aware of any unauthorized access to or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and QED, at all times be and remain the sole and exclusive property of QED. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to QED for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without QED’s prior written approval.

Restrictions on Use

You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS.  You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of QED or any of its suppliers.

Except with put express prior written consent, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except that you may download material from the Service and make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish information included in the Service without QED’s prior written consent. Some content on the Website was provided for QED’s use by limited license.  Such content may not be used, downloaded or distributed without obtaining the permission of the respective owner.

You may use the social sharing function solely to inform others about a QED News article or job posting, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of QED. The Service and the information contained therein may not be used to construct a database of any kind, nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of QED, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of QED in any manner which creates the impression that such items belong to or are associated with you or are used with QED’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of QED, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of QED. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

Linking and Framing

You may not link to or frame this web site, or any portion thereof, except as provided herein.

Intellectual Property
Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the QED mark owned by QED solely for providing an underlined, textual link from your site . No other use of QED’s marks, names or logos is permitted without express written permission from QED.

Restrictions on Linking to this Web Site
Without limiting other provisions contained in our TOS, you may include a link(s) on your Web site to QED.com’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

Restrictions on Framing Activities
QED is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, QED is concerned with activities such as bringing up or presenting content of this Web site within another Web site (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any page from our site, except with our express written permission. Further, you may not archive, cache, or mirror any QED.com Web page or portions of a Web page. If you would like to use, reprint, frame, or redistribute any QED.com content other than as permitted herein, you must request permission from QED. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.

License

(i) By using the Service you acquire no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with these TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is permitted to you by QED only for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you unless granted by contract.  Some content on the Website was provided for QED’s use by limited license.  Such content may not be used, downloaded or distributed without obtaining the permission of the respective owner.

(ii) If you submit material to this site, not otherwise excluded by the QED Privacy Policy, or to QED or its representative, unless QED indicates otherwise, you grant to QED a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit , such content for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in QED’s discretion without additional notice, attribution or consideration to you or to any other person or entity.  You also permit any other user to access, store, or reproduce such material for that user’s personal use. You grant QED the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify QED and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. QED and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third party.

Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of the Service,  you will select a username and a password. You will provide QED with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that QED, in its sole discretion, deems offensive or inappropriate. QED reserves the right to deny creation of your account based on QED’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify QED by submitting feedback of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age 18 is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. QED reserves the right to terminate your account, in its sole discretion, at any time without notice. You may delete your account at any time. Upon termination, you will receive an automated email confirmation that the account was deleted. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

Disclaimer and Limitation of Liability

(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT QED MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) QED does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by QED or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that QED and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of QED, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against QED by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by QED. QED is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. QED does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. QED is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that QED and third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for commercial purposes; (ii) the Service may include certain information taken from other sources from around the world; (iii) QED does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which QED is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by QED to buy or sell any product, or to provide advice or services regarding the profitability or suitability of any product or service; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, QED, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT SHALL QED, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF QED HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL QED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Your Authority to Agree to this TOS

You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least 16 years old.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless QED, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. QED reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with QED in asserting any available defense. You acknowledge and agree to pay QED’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by QED under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify QED pursuant to the TOS.

Termination

You agree that QED, without notice,  may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. QED may terminate your access to the Service immediately without notice if you, in QED’s sole judgment and discretion, fail to comply with any provision of the TOS.  QED shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or QED, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.   The QED Privacy Policy addresses your rights to your data while you use the this service and at account termination.

Governing Law

The TOS shall be governed and construed in accordance with the laws of the United States and the State of Ohio, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of and to exclusive venue in the state and federal courts located in Cuyahoga County in the State of Ohio with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

Geographic Restrictions

This Website is maintained in the United States. We make no claims that the Website the Service or any of its content is accessible or appropriate in any particular country or jurisdiction. Access to the Website or the Service may not be legal by certain persons or in certain countries. If you access the Website or Service from outside of its country or countries of operation, you do so on your own initiative and are responsible for compliance with local laws.

United States Export Control & Foreign Assets Control Regulations

QED does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so by their own initiative and are responsible for compliance with all applicable laws.  Materials downloaded from the Service is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading or using such materials, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

Miscellaneous

You accept that QED has the right to change the content or technical specifications of any aspect of the Service at any time in QED’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of QED to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 9, 10(c), and 11 through 17 shall survive any termination of the TOS.

Headings

The section titles in the TOS are used solely for the convenience of you and QED and have no legal or contractual significance.

Severability

If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

Website Submissions

Information submitted to the Website is not a guarantee of receipt, regardless of email confirmation as such.   Website submissions will not be considered fair notice as we cannot guarantee content delivery.  Employment inquiries, applications and resumes submitted to QED acceptance and receipt does not constitute a job application,  offer of employment or job interview.  The QED Privacy Policy further addresses its how it handles data that is submitted on the Website.

Entire Agreement

The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and QED and govern your use of the Service.

Disclaimer of Endorsements

Information posted on this Website may include links to information created and maintained by other public and/or private organizations.  QED provides the links solely for the users’ information and convenience.  When users select a link to an outside website, they are leaving the QED website and are subject to the destination terms of service, privacy and security policies.

QED does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.

QED does not endorse the organizations sponsoring linked websites, and we do not endorse the views they express or the products/services they offer.

QED does not and cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.

QED is not responsible for transmissions users receive from linked websites.

QED does not guarantee that outside websites comply with the requirements of Section 508 (Accessibility Requirements) of the Rehabilitation Act.

QED may include information or images from outside websites, entities and services.  Inclusion of this information or display of the images does not constitute or suggest an endorsement of QED by the outside website, entity or service.

Contact Us

If you have any questions regarding these TOS, please contact us online or at

Quality Electrodynamics,LLC
6655 Beta Drive, Suite 100
Mayfield Village, OH 44124

Phone: (440) 638-5106