Terms & Conditions

Online Store Terms and Conditions

• All technology transfer tax, sales tax, use tax, or any other similar tax withheld by a government or any other taxing authority is additional to the prices listed on the QualityLogic Storefront
• International shipments are made FOB Simi Valley, CA via UPS Expedited unless otherwise specified by the customer
• Domestic Shipments are made via UPS second day air unless otherwise specified by the customer
• Shipping and handling charges will included in the order total on checkout

Website Terms and Conditions

QualityLogic is pleased to bring you this website and associated materials that are accessible and can be downloaded. As our lawyers advise (and many companies practice) it is prudent to notify users of this site of the rights and restrictions that govern such use. We do not intend that this notice will discourage legitimate usage of our website. Rather, we want to ensure that all concerned avoid legal entanglement due to any ignorance of the terms and conditions of use.

The following Terms and Conditions govern your use of the QUALITYLOGIC website. The website includes all of the pages and information contained in them as well as the materials accessible on or from the site. We encourage you to read these and have made them as easy to read as our lawyers allowed us to. Your use of the site means that you accept these Terms and Conditions. If you do not agree, you should not view, download or use these materials.

Nature of Information

The information contained on the QualityLogic website is generally of a sales nature and does not establish a contract between you or your company and QUALITYLOGIC, Inc. Much of the information is educational and intended to encourage customers to purchase and use our products and services. However, reliance on the information provided is at the user’s risk. In other words, if you make a decision about a product purchase based on the information on this site and something harmful happens to your business as a result, QUALITYLOGIC does not accept responsibility for the harm. In legal terms, QUALITYLOGIC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, user’s computer or other property on account of user’s access to, use of, or browsing in the website or user’s downloading of any materials, data, text, images, video, or audio from the website.

This site also contains links to servers maintained by other organizations. QUALITYLOGIC cannot and does not provide any warranty about the accuracy or source of information found on any of these servers or the content of any file that you might choose to download from a third party site.

Documents

Documents do not include the design or layout of this website or any materials (e.g., software) that are governed by license terms separate from these Terms and Conditions.

Documents on the QUALITYLOGIC website (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of QUALITYLOGIC and/or its suppliers unless otherwise noted and are protected under U.S. and worldwide copyright laws and treaty provisions. QUALITYLOGIC grants you permission to copy and use such Documents so long as each copy displays all copyright and other proprietary notices, in the same form and manner as on the original and is solely for informational, noncommercial use in support of QUALITYLOGIC services and is not modified or revised in any manner.

Trademarks

Trademarks, brands, and names are the property of their respective owners as identified in this website and associated materials. Their respective owners reserve all rights to the trademarks, brands and names used here. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), QUALITYLOGIC and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimer of Warranties

There are a number of documents, demo programs and other material available from this website. As is typical in the technology business, we must include the following disclaimer as one of our legal notices.

THE MATERIALS ACCESSIBLE FROM OR ON THIS WEBSITE ARE PROVIDED “AS IS,” AND QUALITYLOGIC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.

QUALITYLOGIC may change the programs or products mentioned at any time without notice. Mention of non-QUALITYLOGIC products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Limitation of Liability

Once again, our legal counsel and the general practice in our industry requires the following Limitation of Liability statement.

TO THE FULLEST EXTENT ALLOWED BY LAW, QUALITYLOGIC EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS WEBSITE AND THE MATERIALS AND PRODUCTS ACCESSIBLE ON OR FROM THE SITE, EVEN IF QUALITYLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to Consumers

Some countries or states do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.

This website is available internationally and may contain references to QUALITYLOGIC products, programs and services that have not been announced in your country. Such references do not in any way imply that QUALITYLOGIC intends to announce such products, programs or services in your country.

Applicable Laws

Export of any material from the QUALITYLOGIC website outside of the United States is subject to all U.S. export control laws, and you agree to abide by such laws. All materials and software downloaded from this website are provided with “RESTRICTED RIGHTS.” California law will govern any claims relating to the materials or the website.

Revisions to Terms and Conditions

QUALITYLOGIC reserves the right to modify or amend this Disclaimer at any time and for any reason. Any changes to this Disclaimer posted on the website apply as soon as they are posted. By continuing to use the website after any changes are posted, you acknowledge acceptance of those changes.

Governing Law

This contract shall be governed by the laws of California (except as pertaining to conflicts of law), excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Ventura County, California, for all claims arising out of or relating to this contract.