Terms of Use

This page and the other pages it references state the terms and conditions ("Terms of Use") of Qobbler Web Services and its affiliates governing your use of Qobbler Web Services' Web Site and of information, data, support and technical documentation, or other content ("Information") that may appear on our Web Site. The Terms of Use include Qobbler Web Services' Privacy Policy, Trademark Use Guidelines, and Notice & Procedure for Making Claims of Copyright Infringement.

1. Conditional Use
By using the Web Site, you accept all of the Terms of Use and assume all of the risk associated with the use or attempted use of the Web Site or Information. We may revise these Terms of Use at any time by posting changes to the Web Site. Your continued use of the Web Site after such posting constitutes your acceptance of the revised Terms of Use.

2. Use of Website
You may not download (other than page caching incidental to browsing) or copy any Information from the Web Site unless: you use the Information solely for personal informational or internal business purposes; no modifications are made to any Information; and you preserve any copyright notice appearing in the Information.

You agree to abide by all applicable local, state, national, and international laws and regulations (including laws regulating export or re-export of technical data) in your use of the Web Site and of any Information obtained through the Web Site.

You may not, without Qobbler Web Services' prior written consent or except as specifically provided by these Terms of Use: display, post, or embed (including through use of any meta tag or other "hidden text") any Information or Qobbler Web Services' name or trademarks on any computer or web site, or disseminate the Information in any way; copy any portion of the Web Site structure, look, or feel; resell any Information obtained or derived from the Web Site; use any data mining, gathering, or extraction tools to obtain or analyze any Information from the Web Site; use the Web Site for any unauthorized commercial purpose; represent that Qobbler Web Services endorses your web site, company, or its products or services; or take any action that imposes an unreasonable or disproportionately large load on Qobbler Web Services' network infrastructure.

3. Security
Downloading or use of any Information obtained through the Web Site is at your own discretion and risk. Qobbler Web Services does not warrant that the Web Site, its servers, Information, other content, or e-mail sent from Qobbler Web Services are free of viruses, worms, Trojan horses, and other items of a destructive nature. It is up to you to take precautions to ensure that whatever you download from the Web Site is free of such items. Qobbler Web Services recommends that you install appropriate anti-virus and other protective software before you download anything from the Web Site or any other web site.

4. Links to third-party Web Sites
Any links on the Web Site to third party web sites or resources are provided solely for your convenience. By clicking on a link to a third party web site you acknowledge and agree that: you may be leaving the Web Site; Qobbler Web Services has not reviewed, does not monitor, and has no control over the content or availability of any third party web sites or resources; Qobbler Web Services does not endorse, adopt, or have any responsibility for any content, products, services, or other materials available through such third party web sites or resources; Qobbler Web Services is not liable for any loss or damage of any sort incurred or alleged to be caused by or in connection with use of or reliance on any such content, products, services, or materials; the Warranty Disclaimer and Limitation of Liability provisions below apply to any such content, products, services, or materials; and the privacy policy of linked sites may differ from ours.

5. Intellectual Property Ownership
The Web Site, Information, and any other content accessible through the Web Site may be protected by copyright, trademark, patent, trade secret, or other laws or under proprietary rights agreements, and you are only permitted to use them as expressly authorized by Qobbler Web Services or another owner. See Trademark Use Guidelines for a list of and information on the proper use of Qobbler Web Services' trademarks.

Certain product, service, or company designations for companies other than Qobbler Web Services may be mentioned in the Web Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where Qobbler Web Services is aware of a claim, the designation appears in initial capital or all capital letters. However, viewers should contact the appropriate companies for more complete information regarding such designations and their registration status.

6. Unsolicited Idea Submission Policy
Qobbler Web Services and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans, or product names.

The purpose of this policy is to avoid potential misunderstandings or disputes when Qobbler Web Services' products, services, or marketing materials or strategies might seem similar to ideas submitted to Qobbler Web Services. Do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Qobbler Web Services or anyone at Qobbler Web Services. If you still send us your ideas and such materials despite this request, Qobbler Web Services makes no assurances that your ideas or materials will be treated as confidential or proprietary.

7. Warranty Disclaimer
The Web Site and all Information, products, or services available through the Web Site are provided "AS IS" and "AS AVAILABLE". Qobbler Web Services disclaims any duty to make current or accurate or otherwise update such items. Except as specifically provided by separate written agreement, Qobbler Web Services disclaims any warranty of any kind, express or implied, with respect to such items, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, title, and non-infringement, as well as all warranties arising by usage of trade, course of dealing, or course of performance. You (and not Qobbler Web Services) assume the entire cost of all necessary maintenance, repair, or correction.

Qobbler Web Services disclaims any warranty and makes no representations that: the Web Site, Information, products, or services available through the Web Site will meet your requirements, or be available on an uninterrupted, timely, secure, or error-free basis, or that defects will be corrected; the results that may be obtained from use of such items will be accurate or reliable; or the quality, accuracy, reliability, completeness, or suitability of such items will meet your expectations or requirements.

Qobbler Web Services has no responsibility or liability with respect to content, products, services, or materials offered through the Web Site by third party advertisers, information providers, or other entities.

Qobbler Web Services may delete, modify, or discontinue (temporarily or permanently) any Information, product, or service (including changes to price, availability, functionality, performance, or any other terms and conditions relating to their sale or license) made available through or referred to in the Web Site at any time without notice or liability to you or any third party. Qobbler Web Services may discontinue (temporarily or permanently) the operation of the Web Site at any time without notice or liability to you or any third party.

Particular Information, products, or services may not be applicable or available in all parts of the world. For specific information about a particular country or region, please contact Qobbler Web Services' main office.

8. Limitation of Liability
In no event will Qobbler Web Services or any officers, directors, shareholders, employees, or agents of Qobbler Web Services or its licensors be liable for any damages whatsoever (including, without limitation, direct, indirect, special, consequential, incidental, or punitive damages, or damages relating to lost revenues or profits, loss of use or interruption of business, lost data, work stoppage, or computer failure or malfunction) resulting in any way from or related to the Web Site or Information, regardless of the form of action or theory of liability (including, without limitation, actions in contract, warranty, negligence, or products liability), even if Qobbler Web Services has been advised of the possibility of such damages. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.

Any suit or other legal action or any arbitration brought by you relating in any way to the Web Site, or any Information, product, or service obtained through the Web Site, must be officially filed or officially commenced no later than one (1) year after the claim first arises.

9. Governing Law
The Web Site is operated and controlled by Qobbler Web Services from its corporate headquarters in San Marcos, CA. Any claim or dispute relating to your use or attempted use of the Web Site shall be governed by and interpreted in accordance with the laws of California (without reference to choice of law principles that might apply the law of any other jurisdiction), which shall take priority over any foreign laws, rules, and regulations. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

By using the Web Site, you agree that all disputes relating to the Web Site must be brought in a court of competent jurisdiction in San Marcos, CA, and you submit to the jurisdiction and venue of any such court.

10. General
The provisions of these Terms of Use are severable. If any provision is determined to be invalid, unenforceable, or void by a court of competent jurisdiction, that provision shall be modified to the extent necessary to make it enforceable. Qobbler Web Services' failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches.

These Terms of Use are in American English. For convenience and for reference purposes only, these Terms of Use also may be provided in other languages. If there is any discrepancy between the American English language version and any other language version, the American English language version shall prevail.

Effective Date
These Terms of Use are effective as of June 19, 2014.

Questions concerning these Terms of Use may be addressed to:
info@qobbler.com