Terms of Service

These terms and conditions of service (“Terms and Conditions”) outline the rules and regulations for the use of QualityWatcher’s Website.

By accessing this Website we assume you accept these Terms and Conditions in full. Do not continue to use QualityWatcher’s Website if you do not accept all of the Terms and Conditions stated on this page.

The following terminology applies to Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “QualityWatcher,” the “Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. The term “Website” shall refer to the website located at the domain www.qualitywatcher.com, subdomains and platforms (including smartphone applications, if any) comprising the Company’s software services (its “Services”). The term “Non-QualityWatcher Application” shall refer to a third party software platform, website or other technology that may interact with the Website.

Cookies

We employ the use of cookies. By using QualityWatcher’s Website you consent to the use of cookies in accordance with QualityWatcher’s Privacy Policy. Most of the modern-day interactive Internet uses cookies to enable retrieval of user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

License to Use Platform on Single User Basis

After accepting these Terms and Conditions and any additional license agreements (a “License Agreement”) that QualityWatcher may require You to agree to in order to access the Website or other QualityWatcher software, you acknowledge that all licenses, rights or permissions to use QualityWatcher software are on a per-single user basis. Each licensed user of the software (a “User”) will be provided with a user name and license code that is for their exclusive use and allows them to operate the current version of the software or Website in the manner described in the License Agreement. The Software can only be operated on equipment owned or operated by the licensed users. You must request and receive written permission from QualityWatcher before you may transfer a single user license from one individual to another or from one entity to another.

QualityWatcher reserves full right, in its sole discretion, to charge additional fees at its then-current rates if it discovers that multiple users are accessing the Website or QualityWatcher software under a single-user license.

Intellectual Property Ownership and Permissions

The Website and other QualityWatcher software remain the exclusive property of QualityWatcher. Any licensee which fully complies with the terms in these Terms and Conditions and any applicable license agreement may use it according to the terms of each. You must not give copies of your user name or license code to other persons or entities. You must not attempt to reverse compile, modify, translate or disassemble the Website or any QualityWatcher software in whole or in part.

Unless otherwise stated, QualityWatcher and/or its licensors own the intellectual property rights for all material on QualityWatcher. All intellectual property rights are reserved. You may view and/or print pages from the website for your own personal use subject to restrictions set in these terms and conditions. You must not:

• Republish material from the website
• Sell, rent or sub-license material from the website
• Reproduce, duplicate or copy material from the website
• Redistribute any content from QualityWatcher (unless content is specifically made for redistribution)

Our Responsibilities

Provision of Purchased Services

We will (a) make the Services and Content available to You pursuant to this Agreement and the applicable purchase order forms (“Order Forms”), (b) provide applicable QualityWatcher standard support for the Services to You at no additional charge, (c) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall give advance electronic notice as provided in the Documentation), and (ii) any unavailability caused by circumstances beyond Our reasonable control.

Protection of Your Data

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the Purchased Services and prevent or address service or technical problems or (b) as You expressly permit in writing.

Beta Services

From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services or not in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available.

Use of Services and Content

Subscriptions

Unless otherwise provided in the applicable Order Form or other purchase documentation, (a) Services and access to QualityWatcher content (“Content”) are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions.

Usage Limits

Services and Content are subject to usage limits, including the quantities specified in Order Forms and Documentation. A User’s password may not be shared with any other individual, and except as set forth in an Order Form, a User identification may only be reassigned to a new individual replacing one who will no longer use the Service or Content.

Your Responsibilities

You will (a) be responsible for Users’ compliance with this Agreement, Documentation and Order Forms, (b) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Us promptly of any such unauthorized access or use, (d) use Services and Content only in accordance with this Agreement, Documentation, Order Forms and applicable laws and government regulations.

Fees and Payment

You will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. If any amount owing by You is 30 or more days overdue, We may suspend Our services to You until such amounts are paid in full.

Term and Termination

This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated. A party may terminate this Agreement for cause upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period.

Upon request by You made within 30 days after the effective date of termination, We will make Your Data available to You for export. We will have no obligation to maintain or provide any Your Data thereafter, and will delete or destroy all copies of Your Data in Our systems unless legally prohibited.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Services Not Legal Advice

You acknowledge and agree that: (a) the Company is not licensed to engage in the practice of law in any jurisdiction; (b) the Company is not a law firm and does not provide legal services; (c) any materials that the Company provides to You as part of the Services are neither legal advice nor guaranteed to be accurate, complete or up-to-date.

Limitation on Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the Website.

Contact

QualityWatcher
6018 S. Citrus Ave
Los Angeles, CA 91604
Attn: Stacy Kirk, CEO