Making Judgments TangibleTM

The entire contents of this Web site is protected under U.S. and
international copyright laws.  It may not be duplicated or 
redistributed in any form without the prior express consent of 
the copyright holder(s).

TERMS OF SERVICE

1. ACCEPTANCE OF TERMS
QAQD.com provides its services to you, subject to the following 
Terms of Service ("TOS"), which may be updated from time to time 
without notice. You can review the most current version of the 
TOS at any time at: http://www.qaqd.com/legal/. In addition, when 
using particular QAQD.com services, you shall be subject to any 
guidelines or rules applicable to such services which may be 
posted from time to time. All such guidelines or rules are hereby 
incorporated by reference into the TOS.  

2. DESCRIPTION OF SERVICE
QAQD.com provides vistors with access to a rich collection of 
resources, including descriptions of technologies, reports of 
experimental research, analytical data, and various 
communications tools (the "Service"). You also understand and 
agree that the Service may include certain administrative 
messages from QAQD.com, and that these communications are 
considered part of the Service and you will not be able to opt 
out of receiving them. Unless explicitly stated otherwise, any 
new features that augment or enhance the current Service shall 
be subject to the TOS. You understand and agree that the 
Service is provided "AS-IS" and that QAQD.com assumes no 
responsibility for the timeliness, deletion, mis-delivery or 
failure to store any user communications.  

QAQD.com grants you a personal, non-transferable and non-
exclusive right and license to use the Service, provided that you 
do not (and do not allow any third party to) copy, modify, create 
a derivative work of, reverse engineer, reverse assemble or 
otherwise attempt to discover any source code, sell, assign, 
sublicense, grant a security interest in or otherwise transfer 
any right in the Service or accompanying Software. You agree not 
to access the Service by any means other than through the 
interface that is provided by QAQD.com for use in accessing the 
Service.  

3. SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor's license to access this site 
apply to non-human visitors. "Non-human visitors" include, but 
are not limited to, web spiders, bots, indexers, robots, 
crawlers, or harvesters. Such non-human visitors are restricted 
from taxing the resources of this website or any service it 
provides beyond what would be typical of a human visitor.  

Because of their potential for abuse, in consideration for access 
to the site, non-human visitors are required to read and observe 
the industry-standard restrictions as set forth in the robots.txt 
file included at the root level of every domain governed by this 
agreement. The restrictions provided for in this file shall be 
considered an addendum to this agreement when applicable to non-
human visitors. The robots.txt file specifies restrictions to the 
directories non-human visitors may access. Non-human visitors 
accessing directories beyond what is allowed by the robots.txt 
file is recognized by the parties to this agreement as trespass 
and expressly prohibited.  

Furthermore, as specified by the "no-email-collection" flag in 
the header of every web page and the robots.txt file, email 
addresses on this site are considered proprietary intellectual 
property of the author of this website. It is recognized that 
these email addresses are provided for human visitors alone, and 
have value in part because they are only accessable to said human 
visitors. Intentional collection, harvesting, gathering, or 
otherwise storing email addresses by non-human visitors is 
recognized under this agreement as theft or diminution of value 
of QAQD.com's intellectual property and expressly prohibited.  

4. INDEMNITY
You agree to indemnify and hold QAQD.com, and its subsidiaries, 
affiliates, officers, agents, co-branders or other partners, and 
employees, harmless from any claim or demand, including 
reasonable attorneys' fees, made by any third party due to or 
arising out of Content you submit, post, transmit or make 
available through the Service, your use of the Service, your 
connection to the Service, your violation of the TOS, or your 
violation of any rights of another.  

5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell 
or exploit for any commercial purposes, any portion of the 
Service, use of the Service, or access to the Service.  

6. MODIFICATIONS TO SERVICE
QAQD.com reserves the right at any time and from time to time to 
modify or discontinue, temporarily or permanently, the Service 
(or any part thereof) with or without notice. You agree that 
QAQD.com shall not be liable to you or to any third party for any 
modification, suspension or discontinuance of the Service.  

7. LINKS
The Service may provide, or third parties may provide, links to 
other World Wide Web sites or resources. Because QAQD.com has no 
control over such sites and resources, you acknowledge and agree 
that QAQD.com is not responsible for the availability of such 
external sites or resources, and does not endorse and is not 
responsible or liable for any Content, advertising, products, or 
other materials on or available from such sites or resources. You 
further acknowledge and agree that QAQD.com shall not be 
responsible or liable, directly or indirectly, for any damage or 
loss caused or alleged to be caused by or in connection with use 
of or reliance on any such Content, goods or services available 
on or through any such site or resource.  

8. QAQD.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary 
and confidential information that is protected by applicable 
intellectual property and other laws. Except as expressly 
authorized by QAQD.com, you agree not to modify, rent, lease, 
loan, sell, distribute or create derivative works based on the 
Service or the Software, in whole or in part.  

9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS 
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QAQD.com 
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS 
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.  

QAQD.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, 
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED 
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) 
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER 
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL 
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL 
BE CORRECTED.  

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU 
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH 
MATERIAL.  

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY 
YOU FROM QAQD.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY 
WARRANTY NOT EXPRESSLY STATED IN THE TOS.  

10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QAQD.com SHALL NOT BE 
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, 
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, 
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER 
INTANGIBLE LOSSES (EVEN IF QAQD.com HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE 
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF 
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, 
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES 
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE 
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR 
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD 
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE 
SERVICE.  

11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN 
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR 
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE 
ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.  

12. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this 
TOS, there shall be no third party beneficiaries to this 
Agreement.  

13. TRADEMARK INFORMATION
QAQD.com, the QAQD.com logo, the SpamExam logo, and the phrase 
"Making Judgments Tanglible" trademarks and service marks and 
other QAQD.com logos and product and service names are trademarks 
of QAQD.com. Without QAQD.com's prior permission, you agree not to
display or use these marks in any manner.  The use of other 
trademarks on this Web site is not intended in any way to infringe 
on the rights of the holders.

14. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between 
you and QAQD.com and govern your use of the Service, superceding 
any prior agreements between you and QAQD.com.  

Choice of Law and Forum. The TOS and the relationship between you 
and QAQD.com shall be governed by the laws of the State of 
Washington
without regard to its conflict of law provisions. You and 
QAQD.com agree to submit to the personal and exclusive 
jurisdiction of the courts located within the county of 
King, Washington.  

Waiver and Severability of Terms. The failure of QAQD.com to 
exercise or enforce any right or provision of the TOS shall not 
constitute a waiver of such right or provision. If any provision 
of the TOS is found by a court of competent jurisdiction to be 
invalid, the parties nevertheless agree that the court should 
endeavor to give effect to the parties' intentions as reflected 
in the provision, and the other provisions of the TOS remain in 
full force and effect.  

No Right of Survivorship and Non-Transferability. You agree that 
your QAQD.com account is non-transferable and any rights to your 
QAQD.com I.D. or contents within your account terminate upon your 
death.  Upon receipt of a copy of a death certificate, your 
account may be terminated and all contents therein permanently 
deleted.  

Statute of Limitations. You agree that regardless of any statute 
or law to the contrary, any claim or cause of action arising out 
of or related to use of the Service or the TOS must be filed 
within one (1) year after such claim or cause of action arose or 
be forever barred.  The section titles in the TOS are for 
convenience only and have no legal or contractual effect.