Qryptek, Inc.
Terms of Use & Privacy Policy
August 16, 2022
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT
AGREE TO THEM, DO NOT USE THIS WEBSITE.
By using
this website, you signify your assent to these Terms of Use. You expressly
acknowledge that use of this website is at your sole risk. Qryptek is the owner
and operator of this website and it may revise and update these Terms of Use at
any time. Your continued usage of the website will mean you accept those
changes.
License
Provided
you agree and comply with these Terms of Use, Qryptek grants you a personal,
limited, nonexclusive, nontransferable, revocable right to use this website.
Ownership
of Website and Content
This
website is the property of Qryptek and or its licensors. All content contained
in this website, and the design or arrangement of such content, is owned or
licensed by Qryptek, and is protected by intellectual property and unfair competition
laws, including copyright, patent and trademark laws.
Restrictions
on Use of Materials
In using this website, you agree that no material or information
from this website may be copied, reproduced, republished, or transmitted except
as authorized in these Terms of Use, expressly authorized on the information or
materials themselves, or as otherwise approved in writing by Qryptek. If there
is information that is intended for downloading purposes, you may download such
content, provided that you do not remove any of the proprietary marks on such
content, use such only for your personal and non-commercial use, make no
modifications to such content, and make no representations or warranties
regarding such content.
You also agree not to disrupt or interfere
with the security or functionality of the website, or the functionality of any
services related to this website, not to fraudulently use this website, and not
to seek unauthorized access of the website. In addition, you agree that you are
solely responsible for actions and communications undertaken or transmitted
under your account, and that you will comply with all applicable local, state,
national and international laws and regulations, including but not limited to
United States export restrictions, that relate to your use of or activities on
this website. This website is controlled and operated in the United States. If
you are in a jurisdiction which restricts you from accessing this website, do
not access or use this Site.
Privacy
Policy & Cookies
Please
review our privacy policy, which also governs your use of this website, to
fully understand our practices. You acknowledge and agree that Qryptek may use
the data collected in the course of our relationship for the purposes
identified in our privacy policy, which is hereby incorporated by reference.
Disclaimer
of Warranties and Liability
QRYPTEK
DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, WITH RESPECT TO ANY WEBSITE, SERVICE OR PRODUCT,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS CONCERNING
MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE
WEBSITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE OR USED WITHOUT INTERRUPTION.
THE WEBSITE AND ITS CONTENT MAY ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE”
BASIS. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY FOR YOUR USE OF THE
WEBSITE.
IN NO
EVENT WILL QRYPTEK, OR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES OF BE LIABLE
TO YOU UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER
FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS,
TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF
QRYPTEK OR A QRYPTEK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. TO THE EXTENT PERMITTED BY LAW, QRYPTEK’S CUMULATIVE LIABILITY FOR
DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO QRYPTEK FOR THE
SPECIFIC GOOD OR SERVICES THAT CAUSED THE DAMAGES, OR $1,000.00. NO ACTION MAY
BE BROUGHT AGAINST QRYPTEK LATER THAN ONE YEAR FROM THE DATE THE CAUSE OF
ACTION OCCURRED.
Disclaimer
of Endorsement & Third-Party Links
Reference
in this website to any specific commercial product, process or service by trade
name, trademark, manufacturer, website link or otherwise, does not constitute
or imply an endorsement or recommendation by Qryptek. Additionally, you
specifically acknowledge that Qryptek is not liable for any incorrect or
inappropriate conduct of any third-party, and you will need to make your own
independent judgment regarding your interaction with third parties.
Indemnification
To
the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless, Qryptek and its directors, officers, employees and agents from and
against all demands, loss, liability, claims and expenses, including reasonable
attorneys’ fees, arising out of your use of this website or your use of the
materials and information contained in this website.
Violations
of these Terms of Use
You
acknowledge that breach of these Terms of Use could cause irreparable harm.
Accordingly, in the event of a violation, you shall be liable for such
violation, and Qryptek has the right to pursue injunctive relief, as well as
any other rights and remedies available at law.
General
These Terms of Use contain the entire understanding of the parties regarding
the use of this website, shall supersede any other oral or written agreements,
may not be assigned by you (and any such attempted assignment or transfer shall
be deemed null and void). These Terms of Use shall be construed according to
the internal laws of the State of Illinois without regard to its conflicts of
laws provisions. If any provision of these Terms of Use shall be held by a
court of competent jurisdiction to be contrary to law, which provision will be
enforced to the maximum extent permissible and the remaining provisions of the
Terms of Use will remain in full force and effect. Performance of any
obligation required by a party hereunder may be waived only by a written waiver
signed by the other party, which waiver shall be effective only with respect to
the specific obligation described therein. The parties agree that any disputes
or questions arising hereunder, including the construction or application of
the Terms of Use, shall be settled in Illinois by arbitration in accordance
with the rules of the American Arbitration Association then in force. If the
parties cannot agree upon an arbitrator within ten (10) days after demand by
either of them, either or both parties may request the American Arbitration
Association to name a panel of five (5) arbitrators. Each party shall then
strike two (2) names, and the remaining name shall be the arbitrator. The
decision of the arbitrator shall be final and binding upon the parties, both as
to law and to fact. The expenses of the arbitrator shall be paid by the
breaching party, unless the arbitrator determined that the expenses shall be
otherwise assessed.
If you have any questions regarding these Terms of Use, please
contact Qryptek by sending an email to clientservices@qryptek.com, or calling
708.964.6855 to speak with the Privacy Officer.
