Terms of Use

 

Please read these Terms of Use carefully before access or using this website, content, software, app or plug-ins made available by Qlutch or its affiliates (individually and collectively, the “Site”).

Acceptance of the Terms of Use

Welcome to the Site. Qlutch Marketing, Inc., Qlutch and their affiliates provide products and services to you under the following Terms of Use, which we may update without notice to you at any time. While visiting the Site, you agree to all guidelines, rules and terms of use, including but not limited to the Terms of Service and the along with all policies and guidelines referenced in these Terms of Use. If you do not agree to these terms and conditions, do not access or use the Site. If you breach and of the Terms of Use, your license to access or use this Site shall automatically terminate.

Privacy Policy

We understand that you care how information about you is stored and shared. In order to provide a safe, secure experience, we will make every effort to ensure that the information you give us remains private, and used only for the purposes described in our Privacy Policy.

Electronic Communications

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.

Applicable Law

While visiting Qlutch.com, you agree the state laws of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any disputes that may arise between you and Qlutch or its affiliates.

Product Descriptions

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.

Your Account

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

You agree not to reproduce, duplicate, copy, sell, trade, resell, publicly distribute, even for free, or exploit for any purposes, any portion of this Site, products or services (collectively the “Qlutch Content”); any use of the Site, products or services; or access to the Site, products or services; unless your license specifically permits you to do so. Qlutch remains the sole owner of all right, title and interest in the Site and all Qlutch Content and reserves all rights not expressly granted under these Terms of Use. Qlutch may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Qlutch’s sole discretion. Qlutch provides the Site on an “as is” and “as available” basis. Unless you enter into a license agreement with Qlutch via our Terms of Service, you may not download, distribute, display and/or copy any Qlutch Content.

Copyright

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.

Trademarks

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Qlutch. Qlutch trademarks may not be used in connection with any product or service not authorized by Qlutch. All other trademarks not owned by Qlutch or its subsidiaries 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 Qlutch.com or its subsidiaries. Nothing contained herein grants or shall be construed to grant you any rights to use any Qlutch Trademark, unless expressly conferred by these Terms of Use. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Qlutch’s Trademarks or the Trademark rights claimed by Qlutch.  You agree that you will not use any Qlutch Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You agree that you will not use Qlutch’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Qlutch. You may not at any time, adopt or use, without Qlutch’s prior written consent any word or mark which is similar to or likely to be confused with Qlutch’s Trademarks. The look and feel of the Qlutch website, including all page design, graphics, scripts and icons is the trade dress and/or trademark or service mark of Qlutch and may not be copied, imitated or used, in whole or in part, without the prior written consent of Qlutch.

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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Qlutch, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Qlutch Content, or your violation of any rights of another.

Copyright Complaints

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.

Contact Information

Qlutch Marketing, Inc.
7047 E. Greenway Pkwy., Ste. 250
Scottsdale, Arizona 85254
P (480) 219-9695

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