Terms of Use

Terms

These Terms of Use constitute an agreement (the "Agreement") between you and Brian Mottershead d/b/a Riverscape Software, ("us", "we", or "our"), the owner of the website located at qtihub.org (the "Site"), regarding your use of the Site and services offered by us (collectively with the Site, the "Services" or "Platform"). Your use of the Services constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.

License

We hereby grant you a non-exclusive, non-transferable license to use the Site and the Services in accordance with the terms of this Agreement.

Use of Services

You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Services for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our users, or damages our property. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

Content

In utilizing the Site and/or the Services, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit information or material to the Site and/or the Services (collectively, "Submit"), including, but not limited to, tests and assessments, test and assessment items or questions, test and assessment prompts and stimuli, responses, answers, information, articles, photos, videos, or text (collectively, "Content"). You agree not to Submit any Content that:

The foregoing is a partial list of the kinds of Content that is illegal or prohibited on the Site and the Services. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section or any other provision of this Agreement, including without limitation removing the offending Content from the Site or the Services, terminating the violator’s access to the Site and/or Services, and contacting and disclosing information to the relevant authorities. We reserve the right (but disclaim any duty, obligation, or responsibility) to review, screen, refuse to post, remove in its entirety, or edit (at any time and without prior notice) any Content that we believe, in our absolute and sole discretion, may violate this Agreement.

You are solely responsible for the Content that you Submit to the Site and/or the Services or transmit to other users. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted on the Site and/or the Services. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site and/or the Services constitutes a violation of their intellectual property rights, their right to privacy, or any other rights.

By posting Content to the Site and/or the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, and display, the Content for all purposes connected to operating and promoting the Services. We will not sell or sublicense your Content to any third party, however if we undergo an ownership transition as a result of which control of the Site or Services changes, this license may be assigned to our successor.

Abuse Reports

If you report to us violations of these Terms of Use by other users, we will attempt to investigate your report, will take the actions we deem appropriate, and will keep the information which you provide us confidential. We appreciate and request your assistance in keeping the Platform free of abuse. However, you agree that any delay, action, or failure to act on our part in response to such reports, by you or anyone else, will not increase our liability in the event of misrepesentations or illegal behaviour by a user of the Platform.

Safety

Certain of the Services may permit and/or facilitate interactions among or between Users, including through comments, reporting of results, discussion forums and/or similar features. Many of the features of the Services involve your interaction with assessment content provided by other Users of the Site, and results and other information resulting from those interactions may be transmitted to other users, tutors, instructors, and other educators. If you choose to interact with other Users of the Site or the Services, directly or indirectly, you do so entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.

By using the Site or the Services, you accept that any User messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other Users of the Site or the Services, particularly if you decide to meet offline or in person, or to make donations. You are solely responsible for your interactions with other Users. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other Users.

Availability of Services

Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, any of the Services.

Disclaimer of Warranties

THE MATERIALS AND CONTENT CONTAINED ON THE SITE AND/OR THE APP AND THE SERVICES ARE PROVIDED "AS IS". WE, THROUGH AND TOGETHER WITH OUR DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, REPRESENTATIVES AND AFFILIATED ENTITIES (COLLECTIVELY, THE "COMPANY AFFILIATES" AND EACH A "COMPANY AFFILIATE") MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER AND HEREBY DISCLAIM AND NEGATE ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE . FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE SITE AND/OR THE APP. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.  IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

Limitation of Liability

IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, EVEN IF ANY COMPANY AFFILIATE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE APP OR OTHERWISE RELATING TO THE PROVISION OF SERVICES BY US.

IN FURTHERANCE OF THE FOREGOING YOU HEREBY AGREE THAT IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY INJURIES OR ACCIDENTS INCURRED BY YOU AS A RESULT OF YOUR PARTICIPATION IN ANY EXERCISE OR PHYSICAL ACTIVITIES , INCLUDING WITHOUT LIMITATION YOUR PARTICIPATION IN ANY EVENTS OR CHALLENGES FACILITATED THROUGH THE SITE OR APP.

YOU AGREE THAT THIS SECTION, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US.  YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE OR APP, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES.  NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY THE COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Ownership of the Site and the Services

The Site, the Services, and all information, materials and content available on the Site and/or the Services, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics, are our property and/or the property of certain third-parties. Nothing contained on the Site or the Services should be construed as granting, by implication or otherwise, any license or right to use any of the information, materials or content available on the Site and/or the Services without the written permission of the party that owns such information, materials or content, whether it be us or a third party.

Revisions and Errors

The materials appearing on the Site and/or the Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site or the Services are accurate, complete, or current. We may make changes to the materials contained on the Site and/or the Services at any time without notice. We do not, however, make any commitment to update the materials.

Links

The sites linked to or accessible through the Site or the Services, if any, are not necessarily under our control and we are not responsible for the content of any linked or accessible site. The inclusion or omission of any link does not imply endorsement by us of any particular site, company or product. If you decide to access any of the third party sites linked to or accessible through the Site or the Services, including without limitation any social media services, you do so entirely at your own risk.

Dealing with Third Parties

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site or the Services, including but not limited to any event providers and our payment processing partners are solely between you and such third party. You agree that in no event shall any Company Affiliate be held responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any dealings with such third parties.

Modifications

We may revise this Agreement at any time. All changes to this Agreement are effective upon posting to the Site without notice. Your continued use of the Site, the Services or the Services after we post any modifications to this Agreement will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Massachusetts state or federal court sitting in Boston, Massachusetts, United States of America.  You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

Privacy

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy

General Information

We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all our assets (including the Site, the Services and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to your use of the Site and Services, and it supersedes all prior or contemporaneous communications and proposals between us and you with respect thereto. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.