Website Privacy Policy

Privacy Policy Notices

Quadralay Corporation. collects personally identifiable information when you use this site. Personally identifiable information may include such information as your name, email address, gender, ZIP code, occupation, industry, and personal interests. In addition, Quadralay Corporation may automatically receive and record information on our server logs from your browser including such information as your IP address, cookie information and the specific Web page you visited. Quadralay Corporation uses the personally identifiable information for two purposes: to provide personalized content, advertising, and commercial messages to you and to send you information about us to keep you informed about various products, services and special promotions which might be of interest to you. We give you the ability to edit your information at any time by contacting info@webworks.com. In addition, you may request removal from the Quadralay Corporation database by sending an email to info@webworks.com.

TERMS OF USE

This website is provided by Quadralay Corporation. ("Quadralay") and may be used for informational purposes only. BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (THIS "AGREEMENT") IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR NAME ON A CONTRACT. THIS AGREEMENT INCLUDES IMPORTANT LIMITATIONS OF YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ IT THOROUGHLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE. If you are using the site as a representative of your company or business, then "you" means not only you individually, but your company, its officers, members, employees, agents, representatives, successors, and assigns, and you represent and warrant to Quadralay that you have authority to enter into this Agreement on their behalf.

Restrictions on Use

Except as otherwise permitted in writing by Quadralay, no materials from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of this site for public or commercial purposes, including any text, images, audio, or video without Quadralay's written permission. You may not mirror any material contained on this site on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Quadralay without express written consent. You may not use any meta tags or any other "hidden text" utilizing Quadralay's name or trademarks without the express written consent of Quadralay. Any unauthorized use terminates the permission or license granted by Quadralay.

Customer Portions of the Site

The "customer" portions of the site and other portions of the site that require a login are for customers or other authorized users only. You agree not to access or to attempt to gain access to the password-protected portions of this site unless you are an authorized user under a valid Quadralay license for which all applicable fees have been paid, or unless Quadralay has otherwise expressly authorized you in writing to access such protected areas. Use of the Materials on the password-protected portion of the site is subject to the terms and conditions of the applicable Quadralay license and payment of the applicable fees.

Intellectual Property

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Materials") is the property of Quadralay or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the U.S. copyright laws and international treaty provisions. All software used on this site is the property of Quadralay or its software suppliers and protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site, except as specifically permitted below, is strictly prohibited. WebWorks and Quadralay are trademarks of Quadralay. All other marks, names, and logos mentioned on this site are the property of their respective owners. Use of the Quadralay trademarks is strictly prohibited.

Limited License

Quadralay grants you a limited, non-exclusive, non-transferable personal license to access, display, and copy the public Materials on this site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.

Disclaimer of Warranties

You expressly agree that use of this site is at your sole risk. Neither Quadralay, nor its affiliates, nor any of their officers, directors or employees, agents, third-party content providers, merchants, sponsors or licensors (collectively, "Providers"), or the like, warrant that access to this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Quadralay does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Quadralay reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this site. Quadralay may make any other changes to this site, the Materials and the products, programs, services or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE, ARE PROVIDED BY QUADRALAY ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. QUADRALAY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR THE MATERIALS ON THIS SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. QUADRALAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Limitation of Liabilities

YOU AGREE THAT QUADRALAY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL QUADRALAY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER QUADRALAY OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnifications

You agree to indemnify, defend and hold harmless Quadralay, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of this site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.

Dispute Resolution

Any dispute relating in any way to your use of this site shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate Quadralays intellectual property rights, Quadralay may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. All such arbitration shall be strictly confidential. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Limitations on Claims

Any cause of action you may have with respect to your use of this site must be commenced within two (2) year after the claim or cause of action arises.

Term and Termination

Without limiting its other remedies, Quadralay may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to this site.

Hyperlink Disclaimers

As a convenience to you, Quadralay may provide, on this site, links to Web sites operated by other entities (collectively, the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Quadralay. Quadralay does not endorse, make any representations regarding or warrant any information, goods and/or services appearing or offered on any Linked Site, Quadralay is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk.

Choice of Law and Venue

This site is controlled, operated and administered by Quadralay from its offices within Austin, Texas, United States of America. Quadralay makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this site or export the Materials in violation of U.S. export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions that direct the application of the laws of a different jurisdiction. This is the case regardless of whether you reside or transact business with Quadralay in Texas or elsewhere.

Entire Agreement

This Agreement constitutes the entire agreement between Quadralay and you with respect this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Quadralay with respect to this site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to Agreement

Quadralay may revise this Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Quadralay does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supersede any prior terms or conditions included with any communications or agreement, concerning access to this website, whether or not such terms or conditions are signed by Quadralay. Quadralay reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.

Our Policy Concerning Children

Quadralay's products and services are not intended for use by children. If you are under 18, you may use Quadralay's site only with involvement of a parent or guardian.

Designated Agent

Pursuant to the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Quadralay designates an agent as described below, to receive notifications of claimed infringement:

Legal name and address of service provider:
Quadralay Corporation.
7600 Burnet Road, Suite #108
Austin, TX 78757

Name under which service provider does business:
Quadralay Corporation

Designated Agent:
Tony McDow

Designated agent's address:
Quadralay Corporation.
7600 Burnet Road, Suite #108
Austin, TX 78757

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent or agreement you transmit through this site, including but not limited to any consent you give to receive communications from Quadralay solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

V1.0/707/ajp