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Terms of use

These Website Terms of Use (“Terms of Use”) govern your use of and access to Q-railing USA Co.’s (“Q-railing”, “we”, “us”, “our”) website ( the “Site”) and any resources, features, functionality, or services made available through the Site (“Service”). We reserve the right to modify, suspend or discontinue the Site or the Service (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third party for any claim or loss related to or arising out of your use of the Site or Service, or any such modification, suspension, or discontinuance of the Service. If you elect to purchase goods or services from us you may be asked to agree to Terms of Sale with respect to such transactions (“Other Agreements”).  To the extent that the Other Agreements are inconsistent with these Terms of Use, such Other Agreements shall control.

Acceptance
YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO YOUR UNCONDITIONAL ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE. We reserve the right to revise the Terms of Use from time to time, without prior notice to you, and your continued use of the Site constitutes your acceptance of and agreement with any and all such changes. We may post additional terms or requirements related to the Site and/or a Service, and all such terms, conditions, rules, or requirements shall be incorporated into the Terms of Use.

Ownership of Content
We are the owner or the licensee of all intellectual property rights in our Site and the material published on it, including, but not limited to patents, copyrights, trademarks, service marks and logos (collectively, the “Content”). The Content is protected by copyright laws and treaties around the world. All such rights are reserved. You may print one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organization to material posted on our Site. You are prohibited from modifying the paper or digital copies of any materials you have printed or downloaded in any way, and/or using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged in connection with any use of such materials, and you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content. You are not authorized to use any part of the materials on our Site for commercial purposes without obtaining a license to do so from Q-railing or its licensors.

Linking and Third Party Content

The Site may contain links to third party websites not under our control or operation. We may provide any such links only as a convenience. We do not endorse, we are not responsible for, and we do not have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third party providers. Use of any such third party content may be conditioned upon such third party’s terms and conditions.  You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

Privacy
By using the Site or Service, you agree to be subject to the terms of our <Privacy Policy>.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations in connection with your use of the Site, the Content and the Services. To the extent that any applicable taxes, duties, or other fees apply to your use of the Site or the Services, you are responsible for all such payments. You agree that you will not, and you will not encourage or assist others to, use the Site or the Service in any way to specifically circumvent proper and authorized use of the Site and its functionality, to interfere with or disrupt the Service or servers or networks connected to the Site, or violate any applicable local, state, national or international law.

Age Requirement

By using this Site, you certify that you are 18 years of age or older. Children under the age of 18 may not visit this site or submit photos or other material to this Site. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, by submitting photos, you hereby represent that your use of the Site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

Limitations on Linking and Framing

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website, product or service by us.  However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property.

Termination

We have the right to terminate your use of the Site and/or the Services without liability to you any time for any reason, including, but not limited to, your breach of these Terms of Use or your violation of any law, including, without limitation, violations of intellectual property rights or violations of other applicable laws and regulations. No such termination shall preclude Q-railing from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Indemnification

You agree to indemnify, save, defend, reimburse and hold Q-railing, its officers, directors, shareholders, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) your violation of any rights of another, whether by action or omission.

Compatibility

You acknowledge and agree that Q-railing, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

No Unsolicited Ideas and Materials Accepted; No Confidential Relationship With Q-railing

We employ individuals to develop new ideas.  As a result, we do not accept any unsolicited ideas or materials for products or services, or even improvements to products or services ("Unsolicited Ideas and Materials"). Do not send to us, in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Site are and shall be deemed to be licensed to us for inclusion on the Site, royalty free and in perpetuity and without limitation.

Your relationship with us is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary. We will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to us does not place us in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.

Our receipt of your Unsolicited Ideas and Materials is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Disclaimer of Warranties

THE SITE, THE CONTENT, AND ALL INFORMATION, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF Q-RAILING. Q-RAILING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS SITE OR ANY CONTENT, INFORMATION, RODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE VIA THE SITE, OR THE AVAILABILITY OF THE SITE ITSELF, UNLESS OTHERWISE SPECIFIED IN WRITING.


Limitation of Liability

YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, SERVICES AND PRODUCTS PROVIDED VIA THE SITE. Q-RAILING SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, THE INFORMATION, CONTENT, SERVICES, OR PURCHASE OR USE OF PRODUCTS OR SERVICES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF Q-RAILING HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY Q-RAILING. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, Q-RAILING’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.


Governing Law

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the state of California, without regard to its conflicts of laws principles. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN ORANGE COUNTY, CALIFORNIA), YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE SITE, THE SERVICES, AND/OR THESE TERMS OF USE WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Q-railing and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Q-railing prevails.  Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in Orange County, California, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose.

Product Specifications

All specifications and prices of products described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

General

Q-railing’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. All rights and obligations of Q-railing under these Terms of Use, including without limitation, the Privacy Policy, are freely assignable by Q-railing. These Terms of Use, and any other documents incorporated by reference, set forth the entire understanding and agreement between you and Q-railing with respect to the subject matter hereof.


Contact Us

Please contact us on email address : sales@q-railingusa.com  with any questions or comments, or write to us at Q-railing USA, 14321 Franklin Ave, Suite A, Tustin, CA 92780 Attn: Sales Dept.

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