Qwantegy Terms of Service

Terms of Agreement

This Agreement is between Qwantegy, Inc.(Qwantegy) and USER, and applies to the Qwantegy services, including the Qwantegy network and the Qwantegy enterprise platforms (collectively, the “Services”).

The Qwantegy Services are offered to you conditionally on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Qwantegy Services constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Agreement

Qwantegy reserves the right to change the terms, conditions, and notices under which the Qwantegy Services are offered, including but not limited to the charges associated with the use of the Qwantegy Services.

Links to Third Party Sites

The Qwantegy Services may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Qwantegy and Qwantegy 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. Qwantegy is not responsible for webcasting or any other form of transmission received from any Linked Site. Qwantegy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Qwantegy of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Qwantegy Services, you warrant to Qwantegy that you will not use the Qwantegy Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Qwantegy Services in any manner which could damage, disable, overburden, or impair the Qwantegy Services or interfere with any other party’s use and enjoyment of the Qwantegy Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Qwantegy Services.

Software and Services Documentation

You may copy and use any documentation provided with the Services for your internal reference purposes.

Scope of License

Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold.  This contract only gives you some rights to use the software. Qwantegy reserves all other rights. You may not work around any technical limitations in the software, reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation, make more copies of the software than specified in this contract or allowed by applicable law, despite this limitation, publish the software for others to copy, use the software in any way that is against the law, rent, lease, or lend the software.

Passwords

If a password is required, you understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your handle and password. Qwantegy shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen it is the user’s responsibility to notify Qwantegy, so that the missing password can be deactivated and a new one assigned.

Use of Communication Services

The Qwantegy Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication

Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication

Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Qwantegy has no obligation to monitor the Communication Services. However, Qwantegy reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Qwantegy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Qwantegy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Qwantegy’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Qwantegy does not control or endorse the content, messages or information found in any Communication Service and, therefore, Qwantegy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Qwantegy spokespersons, and their views do not necessarily reflect those of Qwantegy.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

SMS Message Terms – PHEAA Student Loan Servicing

Message and Data rates may apply for this recurring messages program.  Reply STOP to 68858 to opt out of this program.  For help Reply HELP to 68858 or email us at pheaa [at] qwantegy.com.  Carriers are not liable for any delays or undelivered messages.

Materials Provided to Qwantegy or Posted at a Qwantegy Service

Qwantegy does not claim ownership of the materials you provide to Qwantegy (including feedback and suggestions) or post, upload, input or submit to any Qwantegy Service or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Qwantegy, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Qwantegy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Qwantegy’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE QWANTEGY SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QWANTEGY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN QWANTEGY SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE QWANTEGY SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE SITE, THE CONTENT, THE SERVICES AND ALL OTHER MATERIALS ASSOCIATED IN ANY WAY WITH QWANTEGY OR CONTAINED IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QWANTEGY, ITS PARENT AND SUBSIDIARIES AND ANY QWANTEGY CLIENT, AND EACH OF THEIR RESPECTIVE VENDORS, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, THE “QWANTEGY COVERED ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT AND/OR ANY OFFERS OR THE ABSENCE OF VIRUSES FROM THE SITE, THE SERVERS OR EMAILS SENT FROM QWANTEGY.

QWANTEGY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE QWANTEGY SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QWANTEGY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QWANTEGY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE QWANTEGY SERVICES, WITH THE DELAY OR INABILITY TO USE THE QWANTEGY SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,  SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE QWANTEGY SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE QWANTEGY SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QWANTEGY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE QWANTEGY SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE QWANTEGY SERVICES.

SERVICE CONTACT: support [at] qwantegy.com

Indemnification

You agree to indemnify and hold harmless the Qwantegy Covered Entities from and against any and all claims, liabilities, losses, injuries, actions, damages, costs and expenses (including reasonable attorneys’ fees) in any way arising out of or relating to your use of the Site any Service, any Offer or your breach of any of these Terms.

Assignment

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Qwantegy. Any such purported assignment or delegation by you without the appropriate prior written consent of Qwantegy will be null and void and of no force or effect.

Termination/Access Restriction

Qwantegy reserves the right, in its sole discretion, to terminate your access to the Qwantegy Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lackawanna County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the Qwantegy Services. Use of the Qwantegy Services are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Qwantegy as a result of this agreement or use of the Qwantegy Services. Qwantegy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Qwantegy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Qwantegy Services or information provided to or gathered by Qwantegy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Qwantegy with respect to the Qwantegy Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Qwantegy with respect to the Qwantegy Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Qwantegy Services are copyright 2016 Qwantegy, Inc.and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.