Terms of Service

The https://www.projectqualityconsulting.com services and websites are provided for your use by Project Quality Consulting Corporation (PQC).  You may access and use the websites and their associated services in accordance with the following terms and conditions (the “Terms of Service”).  If there is a Master Services Agreement in effect between you and PQC, any areas where this agreement conflicts with the Master Services Agreement are governed by the terms of the Master Services Agreement. 

The Terms of Service apply to everyone that views and/or uses the services and websites.  Viewing and/or use of the services and/or websites is a demonstration of your agreement to and acceptance of these Terms of Service and the PQC Privacy Policy and PQC Copyright Policy (incorporated into the Terms of Service document and becoming part of this document). 

If you do not agree to abide by the Terms of Service, you must immediately cease using the services and websites.

Limited License for Website and Services

You are granted a temporary, nontransferable, nonexclusive, revocable limited license as a user of the services and websites in accordance with and provided you abide by these Terms of Service.  PQC may terminate this license at any time for any reason.  Note that when login information is required, it does not automatically grant a right of access and successful completion of the login sequence for services and websites is required.  Note also that any risk-related data (separate and distinct from sign-up or login data) entered or developed by you as part of any ‘Test Drive’ of any software will not be saved and the risk-related data may be permanently deleted at the end of the test drive period.

Use of the blog and other public discourse systems contained in the website demonstrates your understanding and agreement that no aspect of the blog and public systems is considered private and there is no expectation of privacy nor any reason to rely on the information.  Although the information may be useful to you, it is provided for discussion and entertainment purposes only and any questions with respect to Project Quality Consulting use and functionality should be directed to PQC Support while questions relating to quality, risk, should be directed to a qualified consultant.

Scope of Use Limitations

Any unauthorized use of the services and/or websites (including blogs and other public communication forums) is prohibited.  Services and websites must not to be used to:

  1. Decompile, reverse engineer, disassemble, manually extract or create derivative works from the content of the services or websites
  2. Reproduce, copy, modify, distribute, republish, display, or transmit for any purpose the whole or any part of the website and/or services
  3. Access any unauthorized information
  4. Transmit any misleading, false, illegal, and/or fraudulent information, data, or communication
  5. Extract data or information from the services and/or website concerning user identities, usage, or the site architecture in any manner including the use of discovery software and network monitoring
  6. Transmit or upload any item of a destructive nature including any virus, malicious code, worm, trojan horse, or defect to or via the services and/or website
  7. Contravene laws, fraudulently represent anything, phish, spoof, or support any illegal activity
  8. Engage in behavior that is threatening, abusive, harassing, inciteful, intimidating, or supporting violence to other individuals or organizations
  9. Harm, threaten to harm, or solicit information from any minor
  10. Monitor, copy, scan, review, index, mirror, ping or validate the services and/or websites via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
  11. Issue, publish, post, or send any objectionable material or material of a political nature
  12. Issue, publish, post, or send any form of solicitation or mass messaging

Intellectual Property Rights

By viewing and/or using the services and websites, you agree that the services and websites are protected by copyright, trademark, patents, and other laws and intellectual property rights.  You also agree that no portion of this document provides or confers on you any right or license, including by estoppel or inference, any right or license to any aspect of these protected rights.  The name Project Quality Consulting, the PQC logo, and all text and video that appear on the site are owned by PQC and express written consent from PQC is required before they can be displayed or used in any manner.

Links to Services and Websites

Links to PQC services and websites are permitted provided that no portion of the services or websites is obscured in any way (including through frames) and that the Terms of Service and related policies are accessible; AND that you agree to remove the links to the services and websites if a request to do so is made by PQC.

License of Your Communication With PQC

By issuing or posting any email, post, blog comment, or other communication (other than communications within the service app or with the various support teams) with PQC, including the entire communication’s contents and any attachments, you are granting (or warranting that the owner of such rights has expressly granted) PQC a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against PQC for any alleged or actual infringement or misappropriation of any proprietary right in communications you provide to PQC.

Your Relationship with PQC

You understand and agree that nothing in this agreement creates any relationship between you and PQC other than that of a third-party user of PQC’s services or website. 

You also understand and agree that PQC has the right to remove anything that is posted in our public forums including blogs and mutual support forums – regardless of the reason.

Registration

In portions of the services or website that require you to provide information and register, you agree to provide accurate and complete information.  By providing information and registering, you agree that PQC can contact you for feedback and comments (although you may elect not to respond) and that you understand you can unsubscribe and be permanently removed from PQC’s contact database by following the unsubscribe directions in each communication.

Errors and Corrections

PQC does not warrant or represent that information available on or through the services or website is error-free or reliable.  PQC does not represent or warrant that the services and/or websites will be free of viruses or other harmful components, or that defects will be corrected or that services and/or websites will always be accessible.  PQC may make improvements and/or changes to services and/or websites at any time.

Links to Third-Party Content

Links to third-party websites may appear on the services or websites.  PQC will not be responsible and assumes no liability for any content on third-party sites.  You agree that you understand that any statements and/or opinions present on these sites does not necessarily reflect PQC beliefs and is not endorsed by PQC and that these sites, separate and apart from PQC, are wholly responsible for any content provided and subject to their own Terms of Service and privacy policy which is separate and distinct from the PQC privacy policy and Terms of Service.  You further understand that any information and opinions provided by PQC personnel and their agents does not necessarily reflect the beliefs and opinions of PQC.  You agree and acknowledge that connecting with any third-party content contains some level of risk and any damage, loss, or other grievance related to using a link or reliance on the information contained on the linked-to site is in no way the responsibility of PQC.  You agree that it is your responsibility to notify PQC of links that contain misinformation or incorrect information or that contravene any aspect of these Terms of Service.  PQC reserves the right to disable or remove any link at its sole discretion.

Disclaimer

The websites and services are provided on an “as is, as available” basis. PQC expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. PQC disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from the websites or services including, but not limited to, technical inaccuracies and typographical errors, (b) third-party communications, (c) any third-party platforms, websites or content therein directly or indirectly accessed through links on the websites or services, including but not limited to any errors in or omissions therefrom, (d) the unavailability of the website or services, (e) your use of the website or services, or (f) your use of any equipment or software in connection with the website or services.

Limitation of liability

PQC shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website or services, or any third party communications. PQC shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or services, the interactive areas, or any third-party communications.

Indemnification

You agree to indemnify, defend and hold PQC, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you.

Governing Law

These Terms of Service are to be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the City of Calgary in the Province of Alberta.

Privacy

Use of the services and websites is subject to these Terms of Service and PQC’s Privacy Policy. 

Severability

These Terms of Service, which includes the PQC Privacy Policy and the PQC Copyright Policy, constitutes the entire agreement with respect to access to and use of PQC’s services and websites. In the event there is conflict amongst the foregoing, the Terms of Service prevails over either policy. If any provision of these Terms of Service is found to be unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications to Terms of Service

PQC may, in its sole discretion, modify or revise these Terms of Service, including without limitation the Privacy Policy and Copyright Policy, at any time by posting/linking the amended terms on/to the services or websites. PQC will also either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services (you must ensure that PQC’s email is not filtered from your Inbox by your ISP or email software), or (b) post a notice on the services or websites that the Terms of Services and/or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.

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