Terms of Use

QUALARIS HEALTHCARE SOLUTIONS, INC.

Web Site Terms of Use

Effective date: 4/1/2013

Qualaris, Inc. (“Qualaris”, “we,” or “us”) operates the website located at www.qualaris.com (the “Site”).  We offer the Site to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.

Overview

Your use of the Site constitutes your agreement to all terms, conditions, and notices governing the use of or access to the Site (these “Terms of Use”).  Please read these Terms of Use carefully.  By using this Site, you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification.  If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information obtainable or accessible via the Site.

Restrictions on Use of the Site

You may use the Site and the Content (as hereinafter defined), through the Site only in accordance with these Terms of Use, and all applicable laws and regulations.  For the purposes of these Terms of Use, the term “Content” shall mean all text, graphics, images, materials, or other content posted on, displayed by, or offered on or through the Site.

The Site is provided solely as a convenience to you for non-commercial use.  You acknowledge and agree that Qualaris, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site.

As a condition of using the Site, you agree that you will not:

  • Without the prior written consent of Qualaris, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
  • Access or attempt to access any system or servers on which the Site is hosted or modify or alter the Site in any way;
  • Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted via the Site;
  • Use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
  • Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site;
  • Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or
  • Restrict or prevent any other user from using the Site.

Modification of the Site and These Terms & Conditions

Qualaris reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered including these Terms of Use and the services, features, links, and Content offered on or through this Site at any time and from time to time without notice or further obligation to you.  By your continued use of the Site following such changes, modifications, alterations or updates, you agreed to be bound by such changes, modifications, alterations or updates.

Copyright

Everything on this Site, including, but not limited to, the selection and arrangement of the Content, is copyrighted, unless otherwise noted, and may not be used except with the express written consent of Qualaris.  Unless otherwise agreed in writing by Qualaris, you may not copy, display, or post any Content offered via this Site on any network computer, web site, bulletin board, or any other publicly accessible medium.  You must keep intact, and may not remove or alter, any copyright notices on any Content offered via this Site.

Digital Millennium Copyright Act

If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify us, and provide the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work or works claimed to have been infringed;
  • A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
  • Your address, telephone number and e-mail address;
  • A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
  • A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

Our office address for notices for this purpose is:

Qualaris Healthcare Solutions, Inc.
3710 Forbes Ave FL2
Pittsburgh, PA  15213

Trademark

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Qualaris, or the other respective owners of such Marks.  You may not display or reproduce the Marks without the prior written consent of Qualaris, and you may not remove or otherwise modify any trademark notices from any Content offered or received through the Site.

Links to Third Party Sites

The Site may contain links to web sites operated by third parties other than Qualaris.  Such links are provided for your reference only.  Qualaris does not control such web sites, and is not responsible for the content of such web sites.  Qualaris’s inclusion of links to such web sites does not imply any endorsement of the content on such web sites.  If you decide to access any third party web sites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such third party web sites.

Privacy

Please refer to Qualaris’s Privacy Policy for information on users’ rights and responsibilities with respect to information disclosed to Qualaris by clicking here.

DISCLAIMER

ALL CONTENT OR USER CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUALARIS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY QUALARIS OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, QUALARIS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

IMPORTANT DISCLAIMER REGARDING MEDICAL, DRUG AND RELATED INFORMATION

Information displayed on this Site regarding medical conditions and/or treatments, the characteristics and/or effects of Qualaris’s products, and related information is to be used for discussion purposes only, and is not a substitute for a medical diagnosis or advice from a doctor, pharmacist or other medical professional.  Any reliance on this information is done solely at your own risk.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUALARIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR QUALARIS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUALARIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

These Terms of Use and the relationship between you and Qualaris shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules, as if you signed these Terms of Use in Pennsylvania. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.  The parties agree that the federal or state courts in and for Philadelphia County, Pennsylvania shall have exclusive jurisdiction over any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

Personal & Non-Commercial Use Limitations

Except as otherwise explicitly agreed in writing, Qualaris-owned Content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Qualaris as a result of these Terms of Use, the Privacy Policy, or use of the Site or the Content.  Qualaris’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or the Privacy Policy is in derogation of Qualaris’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Qualaris with respect to such use.  These Terms of Use and the Privacy Policy constitute the entire agreement between you and Qualaris with respect to the Site, the Content, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Qualaris with respect to the Site, and the Content.  The headings in these Terms of Use are for convenience only and have no legal or contractual effect.  We may provide notice to you hereunder by posting announcements to the Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.