Terms of use

This is updated on June 25th 2017

 

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our Website, http://qcist.com or http://www.qcist.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by QCist, LLC.

 

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, (collectively "Legal Terms"), constitute the entire and only agreement between you and QCist, LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms regularly prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

 

By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.

 

The last update to our Terms of Use was posted on September November 14, 2016.

 

Definitions
The terms "us" or "we" or "our" refers to QCist, LLC, the owner of the Website.

 

A "Visitor" is someone who merely browses our Website, but has not registered as Member. By accessing or using our Website, you understand and agree to be bound by the Legal Terms.

 

A "Member" is an individual that has registered with us to use our Service. You must be at least 18 years of age or older to become a member. By registering as member, you understand and agree to be bound by the Legal Terms.

 

A "User" is a collective identifier that refers to either a Visitor or a Member.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

 

The “Materials” of our Website including text, images, illustrations, audio and video material, design and graphic material, databases, software proprietary information and all copyrightable or otherwise legally protectable elements. All Materials are the property of QCist, LLC, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Website may contain software owned by third parties and postings may be owned by you or third parties), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. The term “Website” includes “Materials” as well, unless they are otherwise said so in writing.

 

User Responsibilities

If you create an account through our Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Website. Your disclosure of any Personal Data on the Website might result in the immediate termination of your account. QCist, LLC additionally reserves the right to refuse service, terminate accounts, and remove or edit Materials at its sole discernment.

 

QCist, LLC does not guarantee the truthfulness or represent, precision, or dependability of Materials on the Website, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

 

QCist, LLC is not responsible for harm caused by misuse of your user name or password. If you notice your account has been involved in unauthorized activity and you deem there is a need to deactivate your account, please notify us immediately.

 

Restricted Uses

Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of QCist, LLC without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing QCist, LLC's name or trademarks without the express written consent of QCist, LLC. You agree not to offer or modify any Materials found on the Website consisting of, however not limited to, names of Users and Materials, or to recreate, display, openly perform, distribute, or otherwise make use of the Materials, in any way for any public function, in connection with services or products that are not those of QCist, LLC, in other way that is likely to trigger confusion among consumers, that disparages or challenges QCist, LLC or its licensors, that dilutes the strength of QCist, LLC's or its licensor's residential property, or that otherwise infringes QCist, LLC's or its licensor's copyright rights. You also agree to abstain from abusing any of the Materials that appears on the Website. The use of the Materials on any other website or in a networked computer system environment for any purpose is prohibited. Any code that QCist, LLC develops to generate or show any Materials of the pages making up the Website is likewise secured by QCist, LLC's copyright, and you may not copy or adjust such code.

 

QCist, LLC has no duty to keep track of any products published, transferred, or connected to or with the Website. If you think that something on the Website breaches these Terms please contact us immediately.

 

If alerted by a User of any Materials which allegedly do not conform to these Terms, QCist, LLC could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Materials. QCist, LLC has no liability or duty to Individuals for efficiency or nonperformance of such activities.

 

You are not allowed to use this Website (or link through this Website) for business purposes, including but not limited to advertising, marketing or providing services or products without permission from QCist, LLC.

 

Unlawful upload, transfer, sharing or distribution of harmful materials, including but not limited to spyware, viruses, worms, are not permitted.

 

If we found there is a violation to the terms in this agreement, QCist, LLC reserves the right to (i) change, edit, remove or delete the Materials that You post; (ii) deactivate, suspend or remove your account; (iii) utilize technology or legal actions to limit or block your access to our Website.

 

Posting

Members of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the remark is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. QCist, LLC books the right (however is not bound) to eliminate or modify such Materials, but does not regularly examine posted Materials.

 

If you post an evaluation or send comments, and unless QCist, LLC suggests otherwise, you grant QCist, LLC a nonexclusive, royalty-free, permanent, irrevocable, and completely sub-licensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such Materials throughout the world, in any media. You grant QCist, LLC the right to utilize your name in connection with such Materials, if they choose. You represent and require that You own or otherwise control all the rights to the Materials that You post; that the Materials is accurate; that use of the Materials You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify QCist, LLC for all claims resulting from Materials You supply, even after You had terminated any membership or service. QCist, LLC has the right but not the commitment to edit and keep track of or eliminate any task or Materials. QCist, LLC takes no duty and assumes no liability for any Materials published by You or any 3rd party.

 

If you want to remove your posting, you can contact us and provide reasonable explanation for such request. Please note that complete removal of your posting may not be successfully processed if it has been re-posted by another user or member. We, also reserve the right to edit your post due to limited storage space per user.

 

Use License

Member with paid-membership (trainee’s level and advanced level) is granted to temporarily download one copy of the Materials on QCist, LLC’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the Materials;
  2. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on QCist, LLC’s Website;
  4. remove any copyright or other proprietary notations from the Materials; or
  5. transfer the Materials to another person or “mirror” the Materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by QCist, LLC at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

 

Electronic Communication

You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Website. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

 

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. QCist, LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted Materials, IP addresses and traffic information, as allowed under our Privacy Policy.

 

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

 

Revisions and Errata

The Materials appearing on QCist, LLC’s Website could include technical, typographical, or photographic errors. QCist, LLC does not warrant that any of the Materials on its Website are accurate, complete, or current. QCist, LLC may make changes to the Materials contained on its Website at any time without notice. QCist, LLC does not, however, make any commitment to update the Materials.

 

Disclaimer
The Materials on the Website are provided "as is" QCist, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, QCist, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Internet Website or otherwise relating to such Materials or on any sites linked to this Website. The Website serves as a venue for Individuals to post comments, review qualities of experts, and purchase distinct service or products. Neither QCist, LLC nor the Website has control over the quality or fitness for a particular function of a product. QCist, LLC likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Website.

 

THE WEBSITE AND ALL DETAILS, MATERIALS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY QCist, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QCist, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

 

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, QCist, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. QCist, LLC DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, MATERIALS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; ITS SERVERS; OR EMAIL SENT FROM QCist, LLC ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. QCist, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, MATERIALS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL QCist, LLC'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.

 

IN THE EVENT YOU WANT TO FILE A CLAIM AGAINST QCist, LLC, YOU ARE RESPONSIBLE TO FIRST WRITE TO US FOR THE PURPOSE OF SEEKING FOR CORRECTION, RETURN OR REFUND OF PRODUCTS OR SERVICES, IF DEEMED REASONABLE.

 

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. QCist, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk. We cannot be responsible for any effects caused by the third party software including installation of Malware on your computer/device.

 

Website Terms of Use Modifications

QCist, LLC may revise these Terms of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

Governing Law

Any claim relating to QCist, LLC’s Website shall be governed by the laws of Texas without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

 

Indemnity
You accept defend, indemnify, and hold safe QCist, LLC, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Materials of most material You offer to the Website, (ii) Your use of any Materials, or (iii) Your breach of the terms of these Terms. QCist, LLC will provide notice to You promptly of any such claim, match, or case.

 

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Claims shall be heard by a single arbitrator. The arbitrator shall be medical science expert. The place of arbitration shall be Texas, USA. The arbitration shall be governed by the laws of the State of Texas.

 

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Texas, United States and shall be governed by and construed in accordance with the laws of Texas, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Materials in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of QCist, LLC under our Legal Terms shall survive the termination of our Legal Terms.

 

Miscellaneous Terms

These terms of use, privacy policy and all other governed law and regulations, consist and represent the acceptance between you and QCist, LLC. This Terms of Use cannot be modified or terminated, except as described in this Terms of Use.