Welcome to QTE North America,
Inc. QTE provides services to you subject to the following conditions.
If you visit or shop at QTE, you accept these conditions. Please
read them carefully. In addition, when you use any current or future
QTE service such as Your Profile, Gift Certificates, Product Reviews,
etc. you also will be subject to the applicable guidelines and conditions.
PRIVACY
Please review our Privacy Notice,
which also governs your visit to QTE.
ELECTRONIC COMMUNICATIONS
When you visit QTE or send
e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this
site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property
of QTE or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of QTE and protected by U.S. and international copyright laws.
All software used on this site is the property of QTE or its software
suppliers and protected by United States and international copyright
laws.
TRADEMARKS
QTE, QTE North America, Inc.,
qtena.com, QTE graphics, logos, page headers, button icons, scripts,
and service names are trademarks, registered trademarks or trade dress
of QTE, Inc. or its affiliates in the U.S. and/or other countries. QTE's
trademarks and trade dress may not be used in connection with any product
or service that is not QTE's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
QTE. All other trademarks not owned by QTE or its affiliates that appear
on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by QTE or its
affiliates.
LICENSE AND SITE ACCESS
QTE grants you a limited license
to access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with express
written consent of QTE. This license does not include any resale or
commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use
of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of QTE. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form)
of QTE and our affiliates without express written consent. You may not
use any meta tags or any other "hidden text" utilizing QTE's
name or trademarks without the express written consent of QTE. Any unauthorized
use terminates the permission or license granted by QTE. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of QTE so long as the link does not portray QTE, its affiliates,
or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any QTE logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you
are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer or wireless
device, and you agree to accept responsibility for all activities that
occur under your account or password. QTE does not sell products to
children. It sells them to adults, who can purchase with a credit card.
If you are under 18, you may use QTE only with involvement and approval
of a parent or guardian. QTE and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT
Visitors may post reviews,
comments, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam". You may
not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. QTE reserves
the right (but not the obligation) to remove or edit such content, but
does not regularly review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you grant QTE and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world
in any media. You grant QTE and its affiliates and sublicensees the
right to use the name that you submit in connection with such content,
if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content
is accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you
will fully indemnify QTE or its affiliates for all claims resulting
from content you supply. QTE has the right but not the obligation to
monitor and edit or remove any activity or content. QTE takes no responsibility
and assumes no liability for any content posted by you or any third
party.
RISK OF LOSS
All items purchased from QTE
are made pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
QTE and its affiliates attempt
to be as accurate as possible. However, QTE does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by QTE itself is not as
described your sole remedy is to return it in unused condition.
PRICING
Prices are subject to change
without notice. Except where noted otherwise, the List Price displayed
for products on our website represents the full retail price listed
on the product itself, suggested by the manufacturer or supplier, or
estimated in accordance with standard industry practice; or the estimated
retail value for a comparably featured item offered elsewhere. The List
Price is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day. For certain items
that are offered as a set, the List Price may represent "open-stock"
prices, which means the aggregate of the manufacturer's estimated or
suggested retail price for each of the items included in the set.
With respect to items sold
by QTE, we cannot confirm the price of an item until you order; however,
we do NOT charge your credit card until after your order has entered
the shipping process. Despite our best efforts, a small number of the
items in our catalog may be mispriced. If an item's correct price is
higher than our stated price, we will, at our discretion, either contact
you for instructions before shipping or cancel your order and notify
you of such cancellation.
Please note that this policy
applies only to products sold and shipped by QTE and its affiliates.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED
BY QTE OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE"
BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QTE AND ITS AFFILIATES
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW. QTE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. QTE AND ITS AFFILIATES DO NOT
WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM QTE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. QTE AND ITS AFFILIATES WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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
MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting QTE, you agree
that the laws of the state of California, and the laws of the United
States of America, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that
might arise between you and QTE or its affiliates.
DISPUTES
Any dispute relating in any
way to your visit to QTE or to products you purchase through QTE shall
be submitted to confidential arbitration in Rancho Cucamonga, California,
except that, to the extent you have in any manner violated or threatened
to violate QTE's intellectual property rights, QTE may seek injunctive
or other appropriate relief in any state or federal court in the state
of California, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY
Please review our other policies
posted on this site. These policies also govern your visit to QTE. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any
remaining condition.
OUR ADDRESS
Q.T.E. North America, Inc.
7201 Haven Avenue, Suite
E109
COPYRIGHT COMPLAINTS
QTE and its affiliates respect
the intellectual property of others.
If you believe that your work
has been copied in a way that constitutes copyright infringement, please
provide QTE's copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying QTE and
its affiliates that your copyrighted material has been infringed.
- An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- A description of
the copyrighted work that you claim has been infringed upon;
- A description of
where the material that you claim is infringing is located on the site,
including the part number, if applicable;
- Your address, telephone
number, and e-mail address;
- A statement by you
that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- A statement by you,
made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
QTE's Copyright Agent for notice
of claims of copyright infringement on its site can be reached as follows:
Q.T.E. North America, Inc.
7201 Haven Avenue, Suite
E109
