While visiting Site, sending and responding to emails, or submitting information to our database, you are communicating with us electronically. You agree that all agreements, notices, disclosures, information exchanges, and general communications meet any legal requirement for written communication.
Qlutch will make every effort to provide clear, adequate, and correct product descriptions. Qlutch does not warrant that any product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If you find a product offered by Qlutch is not as described, your only option for remedy is to return it to us.
Reviews, Feedback, Comments, and Other Content
You may post reviews, feedback, suggestions, ideas, comments, questions, or other information, in designated areas, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious.
If you do post content or submit material, including your name, role, company and social media profiles, and unless we indicate otherwise, you grant Qlutch.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and full 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 Qlutch.com and its affiliates the right to use the name that you submit in connection with such content. 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 Qlutch.com or its affiliates for all claims resulting from content you supply. Qlutch.com has the right but not the obligation to monitor, edit or remove any activity or content. Qlutch.com takes no responsibility and assumes no liability for any content posted by you or any third party. You may not upload, post, or transmit any content that infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy; depicts criminal or unlawful acts; exploits minors; promotes fraudulent schemes; or contacts and any pornographic, defamatory, or otherwise unlawful or immoral content.
License and Site Access
You represent that you are legally able to enter into a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself at all times, including registration. You also agree to maintain and update and keep all information and content submitted true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Qlutch has reasonable grounds to suspect that any such information is untrue, inaccurate, not current or incomplete, Qlutch has the right to suspend or terminate your account without prior notice and refuse you any and all current or future use of products and services.
Any conduct by you that, in Qlutch’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice. Qlutch may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Qlutch’s discretion, without prior notice or liability to you.
You will receive a password and user name upon completing the Qlutch.com registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your login. You agree to immediately notify Qlutch of any unauthorized use of your password or account or any other breach of security. Qlutch cannot and will not be liable for any loss or damage arising from your failure to comply.
In addition, everyone creating an account on Qlutch.com shall be bound by these Terms of Service, which include our content license agreement.
Resale of Service
All content on this site, including but not limited to text, graphics, logos, icons, images, downloads, exercises, tools, calculators and software, is the property of Qlutch or its content suppliers and is protected by United States and international copyright laws.
All software used on this site is the property of Qlutch or its software suppliers and protected by United States and international copyright laws.
Disclaimer of Warranties
This Site and the Qlutch Content and its associated analytical tools and methodology are a framework for the specialized intellectual content development and actions by the user, and are therefore dependent for its effectiveness on the knowledge, experience and hard work of the users. Accordingly, no guaranty or warranty on this product or on results to be garnered from its use, whether express or implied, to each and any service available from the Site, can be given.
You acknowledge that the product is sold “as is” and do hereby indemnify and hold Qlutch and its employees, contractors, vendors and partners harmless from any losses, claims, injuries, or damages, including reasonable attorneys’ fees, arising out of its use.
Qlutch hereby disclaims all guarantees and warranties, express or implied, regarding the Product and/or any of its features, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Qlutch does not warrant that product or any of its features are secure, free from bugs, viruses, interruption, errors, or other program limitations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL QLUTCH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF QLUTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, QLUTCH’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO QLUTCH FOR USE OF THE SITE. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Qlutch’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this agreement between Qlutch and you.
Qlutch and its affiliates respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact us.
Qlutch Marketing, Inc.
7047 E. Greenway Pkwy., Ste. 250
Scottsdale, Arizona 85254
P (480) 219-9695
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