Terms of Use Policy

This Terms of Use Policy (“Policy”) applies to the QS Systems, Inc. (QS Systems) websites www.qssystems.health and www.ninepatch.com (hereinafter referred to collectively as “Websites”), and sets forth the terms and conditions for Website usage. For the purposes of this Policy, unless otherwise noted, all references to QS Systems include QS Systems and the Websites. The QS Systems Privacy Policy applicable to use of the Websites is incorporated fully by reference into this Policy.

The Websites are comprised of various web pages operated by QS Systems and are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Websites constitutes your agreement to be bound by and abide by the requirements of this Policy and the Privacy Policy. Please read these terms carefully and keep a copy of them for your reference.

Privacy Policy

Use of the Websites is subject to the QS System Website Privacy Policy. Please review this Privacy Policy (located at the bottom of the Websites’ pages), which governs the Websites and informs users of our data collection practices.

Electronic Communications

Your Account

If you use these Websites and have a personalized login, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that QS Systems is not responsible for third party access to your account that results from theft or misappropriation of your account, password or computer. QS Systems and its employees, third-party vendors, in their sole discretion, reserve the right to refuse or cancel access to the Website(s), terminate accounts, or remove or edit content.

Children Under Eighteen

The Websites are not intended to be used by children under the age of eighteen.  QS Systems does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, do not use or provide any information on the Websites without permission from your parent or guardian.  If we learn we have collected or received personal information from a child under the age of eighteen without verification of parental consent, we will delete that information. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Privacy Policy.

Links to Third Party Sites/Third Party Services

The Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of QS Systems. QS Systems is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. QS Systems provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QS Systems of the site or any association with its operators.

Certain services made available via the Websites are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Websites domain, you hereby acknowledge and consent that QS Systems may share such information and data input by user with any third-party vendor with whom QS Systems has a contractual relationship as is necessary, in QS Systems’ sole discretion, to provide the requested product, service, or functionality.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites strictly in accordance with this Policy. As a condition of your use of the Websites, you warrant to QS Systems that you will not use the Websites for any purpose that is unlawful or prohibited by this Policy.  You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of such. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

All content included on the Website(s), such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Websites, is the property of QS Systems or its third-party vendors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Websites. QS Systems content is not for resale or reuse. Your use of the Websites does not entitle you to make any unauthorized use of any protected content, and you agree that you will not delete or alter any proprietary rights or attribution notices in any content. You agree to use any protected content solely for your professional use and will make no other use of the content without the express prior written permission of QS Systems. You agree that you do not acquire any ownership rights in any protected content. QS Systems does not grant you any licenses, express or implied, to the intellectual property of QS Systems or our thirs-party vendors and licensors except as expressly authorized in this Policy.

International Users

The Websites are controlled, operated, and administered by QS Systems and third-party vendors from our offices within the United States. If you access the Websites from a location outside the United States, you are responsible for compliance with all local laws of such non-US location. You agree that you will not use the QS Systems’ content accessed through the Websites in any country other than the United States or in any manner prohibited by any applicable laws, restrictions, and/or regulations.

Indemnification

You agree to indemnify, defend and hold harmless QS Systems, its officers, directors, employees, agents, and third parties, against any and all claims, losses, costs, liabilities, expenses (including reasonable attorney’s fees) and causes of action relating to or arising out of your use of or inability to use the Websites or services. In addition, you agree to indemnify, defend and hold harmless QS Systems, its officers, directors, employees, agents, and third parties, against any and all claims, losses, costs, liabilities, expenses (including reasonably attorney’s fees) and causes of action which may arise, accrue, or result from any user postings made by you, your violation of any terms of this Policy, your violation of any rights of a third party, and/or your violation of any applicable laws, rules, or regulations. QS Systems reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with QS Systems in asserting any available defenses.

Termination/Access Restriction

QS Systems reserves the right, in its sole discretion, to terminate your access to the Websites and any related services or any portion thereof at any time, without notice.

Governing Law/Venue

To the maximum extent permitted by law, this Policy is governed by the laws of the State of Colorado. Your use of the Websites hereby constitutes consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Websites or violation of this Policy. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of this Policy, including, without limitation, this section.

A printed version of this Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Policy and all related documents shall be written in English.

Changes to this Policy

QS Systems reserves the right, in its sole discretion, to change this Policy under which the Websites are offered.  All changes are effective immediately when posted and shall apply to all access to and use of the Websites thereafter.  The most current version of this Policy will supersede all previous versions. Your continued use of the Websites following the posting of a revised Policy constitutes your acceptance of and agreement to the changes.  QS Systems encourages you to periodically review this Policy to stay informed of our updates.

Contact Us

Questions or comments regarding this Policy can be sent to us by email at: policy@qssystems.health