Terms & Conditions
Last modified: January 31, 2011
QUALocator® is a product of Leading Edge Communications, LLC
READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS SITE AND/OR ANY LEADING EDGE COMMUNICATIONS, LLC (AND ANY OR ALL ALIAS SITES) SERVICE SHALL MEAN THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE AND DO NOT UTILIZE THE SERVICES OFFERED BY LEADING EDGE COMMUNICATIONS, LLC.
For purposes herein, you or your shall be any person accessing this web site or utilizing any of the services offered by Leading Edge Communications, LLC including the parent(s) or legal guardian(s) of a minor who utilizes the services of Leading Edge Communications, LLC for the benefit of such minor.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to Leading Edge Communications, LLC. Leading Edge Communications, LLC and its affiliates provide their services to you subject to the following Terms and Conditions (Terms and Conditions). If you visit or shop at Leading Edge Communications, LLC, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Leading Edge Communications, LLC service (e.g., Your Profile, Virtual Character, and Virtual Credits) or visit or purchase from any business affiliated with Leading Edge Communications, LLC, whether or not included in the Leading Edge Communications, LLC web site, you also will be subject to the guidelines and conditions applicable to such service or business.
2. DESCRIPTION OF SERVICE
Leading Edge Communications LLC provides users with access to a rich collection of resources, including online informational services, online advertising services, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Leading Edge Communications, LLC to provide the Service. You also understand and agree that the Service may include certain communications from Leading Edge Communications, LLC, such as service announcements, and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them while sustaining an account with Leading Edge Communications, LLC. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms and Conditions. You understand and agree that the Service is provided “AS-IS” and that Leading Edge Communications, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Leading Edge Communications, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Leading Edge Communications, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. PRIVACY
Please review our Privacy Notice, which also governs your visit to Leading Edge Communications, LLC, to understand our practices.
5. ELECTRONIC COMMUNICATIONS
When you visit Leading Edge Communications, LLC 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.
6. COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Leading Edge Communications, LLC or its content suppliers and protected by United States and international copyright laws. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content Is permitted without the express permission of Leading Edge Communications, LLC or the owners of such content. The compilation of all content on this site is the exclusive property of Leading Edge Communications, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Leading Edge Communications, LLC or its software suppliers and protected by United States and international copyright laws.
7. TRADEMARKS
Leading Edge Communications LLC, and other Leading Edge Communications LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Leading Edge Communications LLC, or its affiliates in the U.S. and/or other countries. Leading Edge Communications LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Leading Edge Communications LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Leading Edge Communications LLC. All other trademarks not owned by Leading Edge Communications LLC 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 Leading Edge Communications LLC or its affiliates.
8. LICENSE AND SITE ACCESS
Leading Edge Communications, LLC 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, reverse engineer it, or any portion of it, except with express written consent of Leading Edge Communications, LLC. 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. All images, electronic media, and electronic data contained within this site are copyright by Leading Edge Communications, LLC or artists and companies affiliated with Leading Edge Communications, LLC. All rights are reserved. 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 Leading Edge Communications, LLC. 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 Leading Edge Communications, LLC and our affiliates without express written consent of Leading Edge Communications, LLC and our affiliates. You may not use any meta tags or any other “hidden text” utilizing Leading Edge Communications, LLC’s name or trademarks without the express written consent of Leading Edge Communications, LLC. Any unauthorized use terminates the permission or license granted by Leading Edge Communications, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Leading Edge Communications, LLC so long as the link does not portray Leading Edge Communications, LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Leading Edge Communications, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
9. 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, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase items/products from Leading Edge Communications, LLC only with involvement of a parent or guardian. Leading Edge Communications, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, invalidate acquired virtual credits, or cancel orders in their sole discretion. Leading Edge Communications, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; 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 the content. Leading Edge Communications, LLC 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, including but not limited to text, photographs, graphics, audio and video, and unless we indicate otherwise, you grant Leading Edge Communications, LLC 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 Leading Edge Communications, LLC 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 indemnify Leading Edge Communications, LLC or its affiliates for all claims resulting from content you supply. Leading Edge Communications, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Leading Edge Communications, LLC is a distributor (and not a publisher) of content supplied by third parties and has no editorial control over the content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in publications offered by our Service, are those of the respective author(s) or publisher(s) and not of Leading Edge Communications, LLC. Neither Leading Edge Communications, LLC nor any third-party provider of information guarantees the accuracy, timely availability, completeness or usefulness of any content. Under no circumstances will Leading Edge Communications be liable for any loss or damage caused by your reliance on information obtained through the Service. Leading Edge Communications, LLC is not responsible for either the availability of these outside resources or their content.
11. INTERSTATE NATURE OF COMMUNICATIONS ON LEADING EDGE COMMUNICATIONS, LLC NETWORK
When you register with Leading Edge Communications, LLC, you acknowledge that in using Leading Edge Communications, LLC services to send electronic Communications, you will be causing Communications to be sent through Leading Edge Communications, LLC’s computer networks, portions of which are located in Tennessee and other locations in the United States. As a result, and also as a result of Leading Edge Communications, LLC’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms and Conditions, you acknowledge that use of the service results in interstate data transmissions.
12. INDEMNITY
You agree to indemnify and hold Leading Edge Communications, LLC and its owners, subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, demands, or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEADING EDGE COMMUNICATIONS, LLC AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEADING EDGE COMMUNICATIONS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
LEADING EDGE COMMUNICATIONS, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADING EDGE COMMUNICATIONS, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEADING EDGE COMMUNICATIONS, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEADING EDGE COMMUNICATIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement.
17. APPLICABLE LAW
By visiting Leading Edge Communications LLC, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Leading Edge Communications, LLC or its affiliates.
18. DISPUTES
Any dispute relating in any way to these terms and conditions, and/or your use or purchase of Leading Edge Communications, LLC services or products shall be decided by the courts of the State of Tennessee located In Williamson County, Tennessee, and you hereby agree to the personal jurisdiction and exclusive venue of such courts. To the extent you have in any manner violated or threatened to violate Leading Edge Communications, LLC’s intellectual property rights, Leading Edge Communications, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee, and you consent to exclusive jurisdiction and venue in such courts.
19. SITE POLICIES, AND MODIFICATION
Please review our other policies, posted on this site. These policies also govern your visit to Leading Edge Communications, LLC. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Leading Edge Communications, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We also, reserve the right to make changes to our site, and policies, at any time. Your continued use of the services and products of Leading Edge Communications, LLC constitutes you’re acceptance of such changes.
20.TERMINATION
You agree that Leading Edge Communications, LLC may, under certain circumstances and without prior notice, immediately terminate your Leading Edge Communications, LLC account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Leading Edge Communications, LLC account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Leading Edge Communications, LLC’s sole discretion and that Leading Edge Communications, LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
21. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Leading Edge Communications, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
22. LINKS
The Service may provide, or third parties may provide, links to other web sites or resources. Because Leading Edge Communications, LLC has no control over such sites and resources, you acknowledge and agree that Leading Edge Communications, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Leading Edge Communications, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
23. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
Leading Edge Communications, LLC respects the intellectual property of others, and we ask our users to do the same. Leading Edge Communications, LLC has no responsibility for content on other web sites that you may find or access when using Leading Edge Communications, LLC’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the Leading Edge Communications, LLC Terms and Conditions, govern your use of that material.
It is Leading Edge Communications, LLC’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Leading Edge Communications, LLC and/or others.
24. GENERAL INFORMATION
Entire Agreement. The Terms and Conditions constitutes the entire agreement between you and Leading Edge Communications, LLC and governs your use of the Service, superseding any prior agreements between you and Leading Edge Communications, LLC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Leading Edge Communications, LLC services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Leading Edge Communications, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Leading Edge Communications, LLC account is non-transferable and any rights to your Leading Edge Communications, LLC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site 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 site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Leading Edge Communications, LLC’s web site 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:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Leading Edge Communications, LLC’s web site;
remove any copyright or other proprietary notations from the materials; or
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 Leading Edge Communications, 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.
3. Disclaimer
The materials on Leading Edge Communications, LLC’s web site are provided “as is”. Leading Edge Communications, 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, Leading Edge Communications, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Leading Edge Communications, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Leading Edge Communications, LLC’s Internet site, even if Leading Edge Communications, LLC or a Leading Edge Communications, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Leading Edge Communications, LLC’s web site could include technical, typographical, or photographic errors. Leading Edge Communications, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Leading Edge Communications, LLC may make changes to the materials contained on its web site at any time without notice. Leading Edge Communications, LLC does not, however, make any commitment to update the materials.
6. Links
Leading Edge Communications, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Leading Edge Communications, LLC of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
Leading Edge Communications, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Leading Edge Communications, LLC’s web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
