2. Contact Information
4. Copyright, Licenses, and Idea Submissions
You agree that (i) any materials you submit as download-only files (i.e., files submitted and disseminated through the Site as downloadable material in non-html format) remain the property of the submitter/author, and that you have the right to submit these materials; however, (ii) SQE, its successors and assigns upon such submission, shall have the right and license, without additional consideration, to freely promote and distribute such downloadable materials for the duration of the time that such materials are stored on the Site. For all other materials that you submit to any public areas of the Site (such as forums and comments, recommended links, templates, FAQs, etc.) or by email to SQE by all means and in any media now known or hereafter developed, you agree that upon such submission SQE shall be granted a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, republish, reproduce, distribute, transmit, publicly display, and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services). You also grant to SQE the right to use your name and/or likeness in connection with all submitted materials as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against SQE for any alleged or actual infringement or misappropriation of any proprietary right in your submissions to the Site.
If you believe that material appearing on the Site constitutes copyright infringement of another party’s rights, contact SQE immediately in writing at the following address: firstname.lastname@example.org.
TechWell, and/or any other trademarks, service marks, or trade names (“Marks”) of SQE or its publications, products, Content, or services referenced herein or on the Site are the exclusive Marks of SQE. Other product and company names mentioned on the Site may be the trademarks of their respective owners. You may not use or display any trademarks, service marks, logos, or designs owned by SQE or its affiliates without the prior written consent of SQE, which consent may be withheld in SQE’s sole and absolute discretion.
6. Use of the Site
A paid membership to TechWell constitutes a personal, single-use, transferable license to access designated material on the Site. For information regarding transferring a license, contact Client Support. You understand, acknowledge, and agree that (i) except for information, products, or services clearly identified as being supplied by SQE, and actually supplied by SQE, SQE does not operate, control, or endorse any information, products, or services on the Internet in any way, and (ii) except for SQE-identified information, products, or services actually supplied by SQE, all information, products, and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with SQE. You also understand, acknowledge, and agree that SQE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests malicious, contaminating, or destructive properties (collectively, “Malware”). YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR PROTECTION FROM MALWARE AND TO MAINTAIN ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU AGREE TO USE THE SITE ONLY FOR LAWFUL PURPOSES.
The opinions expressed within the articles and contents herein do not necessarily express those of SQE. SQE makes no representations whatsoever about any other web site that you may access through the Site or which may link to the Site. You understand, acknowledge, and agree that when you access non-SQE web sites, such web sites are independent from SQE, and that SQE has no control over the content on such non-SQE web sites. In addition, a link to an SQE web site does not mean that SQE endorses or accepts any responsibility for the content, or the use, of such referring web site. You agree not to deep link to the Site.
7. Your Use of Content and Information -- Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Site. Some of the Content is provided by SQE or its suppliers, and other Content is provided by persons who access and/or use the Site (“Users”), such as User opinions and views provided via posts to open forums. While SQE strives to keep the Content accurate, complete, and up to date, SQE cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by SQE or its suppliers, or by Users. Any opinions, advice, statements, or other information expressed or made available by Users or other third parties, including but not limited to bloggers, are those of the respective User or other third party and not of SQE. SQE does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site.
Your participation in online communications may happen in real time and SQE does not have any obligation to prescreen, edit, or remove any Content provided by Users or other third parties that is posted on or available through the Site.
Notwithstanding the foregoing, SQE will have the right (but not the obligation), in its sole and absolute discretion, and for any reason, to prescreen, edit, refuse to accept, remove, or move any Content that SQE in its sole and absolute discretion determines to be inappropriate, harmful, offensive, or otherwise undesirable.
You hereby agree to abide by the following rules with respect to the Site:
a. Do not submit or post any message or item anonymously or under a false name.
b. Do not submit or post any information or file containing a virus or any other contaminating features.
c. Do not submit or post any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or otherwise objectionable item of any kind.
d. Do not submit or post messages of a personal nature or disclose private information about any person.
e. Do not submit or post information that does not pertain to the topic or subject area.
f. Do not submit or post any information that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right.
g. Do not submit or post any information that includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings.
h. Do not submit or post any information you do not have the right to submit, post, disseminate, or transmit.
i. Do not use the Site in any way to:
1. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Site.
2. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
3. interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site.
4. electronically stalk or otherwise harass another user or person accessing the Site.
5. engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law.
6. violate any applicable laws or regulations, or any rules or guidelines established by SQE with respect to the Site.
Any rights not expressly granted herein are reserved by SQE.
8. User-submitted Content
You are responsible for all material that you submit, post, or otherwise make available to or through the Site. By doing so, you represent and warrant to SQE that such material is not confidential and that you have all necessary permission to submit, post, and otherwise make such material available, and that such material does not infringe upon the intellectual property rights of any third party.
9. Ownership and Intellectual Property Rights
All right to, title to, and interest in the Content available on the Site, the Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and the Site URLs, are the property of SQE or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
10. Your Contact with Advertisers or Other Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by SQE of content, items, or services on those third-party web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
SQE does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that SQE will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Site.
11. Disclaimer of Warranties with Respect to Web Site
BY ACCESSING AND/OR USING THE SITE, YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS AND/OR USE OF THE SITE AND THE INTERNET. SQE DOES NOT WARRANT THAT THE SITE, AND ITS SERVERS ARE FREE OF MALWARE OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SQE IS NOT RESPONSIBLE FOR THOSE COSTS. SQE PROVIDES THE SITE AND CONTENT “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY CONTENT, MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SQE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL CONTENT, OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED AND/OR AVAILABLE THROUGH THE SITE OR ON THE INTERNET GENERALLY. SQE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
12. Limitations of Liability
IN NO EVENT WILL SQE AND/OR ANY THIRD PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE SITE, OR ANY CONTENT, INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF SQE OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT SQE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR YOUR ACCESS AND/OR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED TWENTY-FIVE AND NO/100 DOLLARS ($25.00).
14. Third-party Rights
The provisions of Sections 6 (Use of the Site), and 13 (Indemnification) are for the benefit of SQE and its officers, directors, employees, agents, licensors, suppliers, and any third-party Content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Complaints Regarding Content
Regarding copyright infringement complaints and complaints regarding content, see Section 2 for contact information.
16. Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your TechWell account and monitoring all activity under the account. You assume full responsibility for all activities that occur under your account (unless we cause a security breach).
17. Modification or Suspension of the Web Site
SQE may at any time modify, discontinue, or suspend its operation of the Site, or any part thereof, temporarily or permanently, without notice to you.