Quintess Overview

Terms of Use

Last Updated: April 24, 2005

Welcome to Quintess.com, the Web site of Quintess, which is published by Quintess,LLC ("Quintess"). As used in these Terms of Use, the term "Web site" refers to the Web site located at www.Quintess.com as well as online services that include, but are not limited to, our E-mail newsletters, our archives, our document libraries, our member-only online content, and our online member forums. Quintess does not control, and is not responsible for, any third-party site to which the Web site links. You agree that your use of the Web site is subject to the following Terms of Use. These Terms of Use may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Web site by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms of Use, please do not use this Web site.

The materials contained on the Web site are provided by Quintess as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk. Quintess assumes no responsibility for error or omissions in these materials. Quintess makes no commitment to update the information contained herein. Quintess makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Quintess Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Quintess or any other party on the Web site shall create any warranty or liability. Quintess does not warrant or make any representations regarding the use or the results of the use of the materials at the Web site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Quintess or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site. Quintess periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Quintess shall have no liability for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web site.

Your Use of Information Obtained from Quintess

If Quintess provides you with or you otherwise obtain information from Quintess (regardless of the form of or medium of delivery of such information) including, without limtiation, any information or data found on this Web site, you must only use such information for your personal use and only while exercising the rights granted to you by your Quintess membership or for considering the purchase of a Quintess membership. In particular, you may not use such information to engage in any business activities.

Copyright

All materials published on the Web site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Quintess or, in the case of content licensed by Quintess from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material from this Web site for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must hold confidential our member-only online content which is provided soley as a convenience for the use of our members. In the event you believe that any content posted on the Web site infringes your copyright or other intellectual-property rights, you may notify Quintess by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Quintess' Copyright Agent:
Quintess
11101 West 120th Avenue
Suite 200
Broomfield, CO 80021
Attention: Copyright Conformance
E-mail: info@Quintess.com


User Generated Content

Quintess, through its online member forums, may provide users an opportunity to post content to the Web site. Quintess does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted in a Quintess forum, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Quintess, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. Quintess does not and cannot review the content posted by users and is not responsible for such content. However, Quintess shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Quintess in its sole discretion and without notice.

If you upload, post, or otherwise transmit content to the Web site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by Quintess in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You agree to indemnify Quintess and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms of Use, and from any such acts arising through your use of the Web site.

Member-Only Online Content

Users accessing member-only online content are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the member's sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers) could result in suspension of that password. Member-only online content is protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Quintess.

Featured Services

Quintess is committed to providing visitors to its site with as many features as possible. The companies that Quintess selects as featured services providers offer products and services that site visitors may find useful. Quintess in certain cases may have a business relationship with certain third parties that it selects as a featured service providers. Quintess is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their Web sites, or for the availability and operations of their Web sites.

Jurisdiction

You agree that any claim, action, or proceeding arising out of these Terms of Use, or your use of the Web site, shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Colorado. In addition, you agree to submit to the personal jurisdiction of such courts.