Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES USE OF THE WEBSITE AND ANY ITEMS OR LINKS DOWNLOADED OR ACCESSED THROUGH THE WEBSITE IS AT USER’S SOLE RISK. NEITHER QUIDIENT, QUIDIENT’S AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND ACCESS TO THE MATERIAL CONTAINED WITHIN IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE FOREGOING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. QUIDIENT HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE WEBSITE.
(B) QUIDIENT’S WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. QUIDIENT MAKES NO REPRESENTATION THAT MATERIALS ON THE WEBSITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO SUCH MATERIALS FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.
(C) UNDER NO CIRCUMSTANCES SHALL QUIDIENT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING QUIDIENT’S WEBSITE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF QUIDIENT OR A QUIDIENT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIDIENT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES QUIDIENT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
User agrees to defend, indemnify, and hold harmless Quidient, Quidient’s affiliates, and each of the foregoing’s respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the unauthorized use of Quidient’s website by or on behalf of User.
(A) The copyright in all material provided on the website is held by Quidient and Quidient’s affiliates, or provided with permission from the copyright owner.
(B) The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Quidient and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The names “Quidient,” “Quidient Reality,” “Behind the Scenes,” “Final Frontier of Photography,” “Reality Portal,” “Portaling,” “Portal It,” and “Port It,” as well as any logos related to the foregoing, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Quidient. Quidient prohibits use of the Quidient logo as a “hot” link to any Quidient site unless establishment of such a link is approved in advance by Quidient in writing.
(C) Except for historical information and discussions, statements set forth throughout this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual product and services usage results to differ materially from the statements made herein.
(E) Information Quidient publishes on the Internet may contain references or cross references to Quidient products, programs, and services that are not announced or available in your country. Such references do not imply Quidient intends to announce or make available such products, programs, or services in your country. Please consult your Quidient business contact for information regarding the products, programs, and services that may be available to you.
(F) This website may provide links or references to non-Quidient Websites and resources. Quidient makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Quidient websites or third-party resources that may be referenced, accessible from, or linked to any Quidient site. In addition, Quidient is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Quidient site. When you access a non-Quidient website, even one that may contain the Quidient-logo, please understand such website is independent from Quidient, and Quidient does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
(G) Quidient consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Quidient; (c) imply that Quidient approves or endorses you, your Website, or your service or product offerings; and (d) present false or misleading impressions about Quidient or otherwise damage the goodwill associated with the Quidient name or trademarks. As a further condition to being permitted to link to this site, you agree that Quidient may at any time, in Quidient’s sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any related use of Quidient trademarks.