Terms Of Use

The following terms of use ("Terms of Use") govern your use of this Website (the "Website") provided by or on behalf of Valley Innovation Group LLC and its division QponCloud.com (referred as "QponCloud" hereafter). The Terms of Use also govern your access to and use of the content, functionally, materials and resources (collectively "Resources") available on or by means of the Website. These Terms of Use are a legal agreement between you and QponCloud. QponCloud is also referred to in this Terms of Use as "we," "us," "our" or other similar pronouns. Other QponCloud Websites may have the same or different Terms of Use. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer's behalf. In that case, "you" refers to both you and your employer. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THEM, DO NOT ACCESS OR USE THIS WEBSITE.

Although you may "bookmark" a particular portion of this Website and thereby bypass these Terms of Use, your use of this Website still binds you to these terms.

Changes

The Terms of Use was last updated on December 04, 2014.
QponCloud reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check these terms each time before using the Website and its facilities. Your continued use of the Website following the posting of changes will mean that you accept and agree with the changes.

Privacy

QponCloud considers protecting your personal data very important. Our Privacy Policy Document provides details on data collection policies and practices. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy located here.

Copyrights and Trademarks

Unless otherwise noted, all Contents images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Website (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Website is the property of QponCloud, one of its affiliates or by third parties who have licensed their materials to QponCloud and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of QponCloud and is also protected by U.S. and international copyright laws.

QponCloud logo and name may not be used in connection with any product or service that is not the property of QponCloud, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QponCloud. You may not use any QponCloud logo or other proprietary graphic or trademark as part of the link without express written permission. All other trademarks and registered trademarks mentioned on this Website are properties of their respective owners.

QponCloud may permit registered users to post content to the Site, including comments, photos, videos, and other materials ("User Content"). You understand and agree that QponCloud does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against QponCloud arising from or relating to User Content.

You retain all rights in and to the User Content you post to the Site. However, by posting User Content to the Site, you hereby grant QponCloud a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable, universal right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site and QponCloud business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Site (and derivative works thereof) in any Website, online application, mobile application, social media channel, or other medium now known or later developed. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, business name and details, likeness, photograph or image is adjacent to or included with advertisements, promotions, Coupons, offers or other information, or otherwise used to promote the products and services of QponCloud or any other company or product that is addressed in your User Content.

Third Party Content

This Website may contain links to other Websites controlled by parties other than QponCloud (each a "Third Party Site"). Because QponCloud has no control over such sites and resources, you acknowledge and agree that QponCloud is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that QponCloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Any opinions, advise, statements, services, deals and offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of QponCloud. QponCloud neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than authorized spokespersons of QponCloud while acting in official capacities.

Permitted Use

We comply with the Children's Online Privacy Protection Act as passed by the U.S. Congress. To access or use the Website, you must be 13 years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Web site if you are a competitor of our business or if we have previously banned you from the Website or closed your account. QponCloud grants you non-exclusive, non-transferable, limited permission to access and display this Website and the Resources on this Website solely on your computer or other personal device for your personal, non-commercial use of this Website. You may print a copy of online materials and contents for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Website or Resources without QponCloud express prior written consent. This grant of permission is conditioned on your not modifying the content displayed on this Website and your keeping intact all copyright, trademark, and other proprietary notices.

We grant you permission to use the Website subject to the restrictions in these Terms of Use. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Prohibited and Restricted items

You are not allowed to upload or publish any content with prohibited and restricted items included but not restricted to listed below. QponCloud reserve right to remove any Offer, promotion or content listed on QponCloud which contains objectionable contents or does not comply to Terms of Use or is in-appropriate for viewers of QponCloud Website. Following list can be used as guideline for items prohibited on QponCloud Website,

No Refund Policy

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. Please review the payments and other details before buying any feature. All sales are final and there will be absolutely no refunds. QponCloud will not provide refund for any unused services or products purchased previously.

User Reviews, Feedback, Submissions

For all comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to QponCloud on or through this Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") you grant QponCloud a royalty-free, irrevocable, transferable right and license to use the Comments however QponCloud desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

QponCloud will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. QponCloud is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

QponCloud does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant QponCloud the right to use the name that you submit in connection with any Comments. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify QponCloud and its affiliates for all claims resulting from any Comments you submit. QponCloud and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

No Unlawful or Prohibited Use

In using the Website, you understand that you are liable for all information, in whatever form, you make available to other end users ("Information"). You agree not to use the Website to:

Disclaimer of Warranties

You Expressly Understand and Agree that:

THIS WEBSITE IS PROVIDED BY QponCloud ON AN "AS IS" AND "AS AVAILABLE" BASIS. QponCloud MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QponCloud DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, QponCloud DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE QponCloud WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL QponCloud OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE QponCloud WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF QponCloud HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QponCloud BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Indemnification

You agree to defend, indemnify and hold harmless QponCloud and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any breach made by you of these Terms of Use.

No Resale of Site

Other than as provided within the scope of these Terms of Use, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services provided on the Website, use of the Website, or access to the Website.

Termination of Rights

Your failure to comply with the terms, conditions, and notices on this Website will result in automatic termination of any rights granted to you under these Terms of Use.

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms under Terms of Use shall remain in full force and effect. The failure of QponCloud to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit QponCloud's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Website must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.

Acknowledgement

You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

Contact Information

If you have any questions regarding this Agreement or the Website, please contact QponCloud through the Contact Us page.