QuickCheck is a digital resource accessed through quickcheck.envirologix.com that contains and provides information about users and their Check Sample data. QuickCheck is controlled, operated, provided, and administered by Envirologix Inc. (“ELIX”) from its offices in the United States of America. If you access QuickCheck from outside the U.S., you are responsible for compliance with all applicable laws and regulations. The information, data and materials on the QuickCheck website are provided as a service to ELIX users and are for informational purposes only.
1. SCOPE
These terms and conditions apply to your use of QuickCheck and the features of this website (“Terms and Conditions”). By using the QuickCheck website or any of the QuickCheck services, you agree to these Terms and Conditions. ELIX reserves the right to change, modify, add or delete portions of these Terms and Conditions at any time without further notice. Your continued use of QuickCheck after any such changes constitutes your acceptance of the new Terms and Conditions. Please check this page periodically for changes to these Terms and Conditions.
ELIX may, in its sole discretion, and at any time, discontinue QuickCheck or any part thereof, with or without notice, or may prevent your use of QuickCheck with or without notice to you. You agree that you do not have any rights in this website and that ELIX will have no liability to you if QuickCheck is discontinued or your ability to access the website or any content posted on the website is terminated. The following Privacy Policy is incorporated into these Terms and Conditions: https://www.envirologix.com/privacy-policy
2. DEFINITIONS
“QuickCheck” means the technology, hardware, software, systems, networks, and communications platform maintained by ELIX for use in providing services through quickcheck.envirologix.com.
“Customer Data” means all data and/or information in any form or format that is submitted by you to ELIX directly or through your access to or use of QuickCheck.
“Disabling Code” means harmful or malicious code, files, scripts, agents or programs, such as viruses, worms, time bombs, Trojan horses, and other similar code.
“Host Server” means a virtual or a dedicated server owned or leased by ELIX or ELIX's service provider(s).
“Privacy Policy” means the ELIX document which is incorporated in Section 1.
“Services Data” means all data, content and information in any form or format that is obtained by ELIX through QuickCheck, including, for example, machine data (such as device geographic location, device performance information, device usage information, and any other data regarding your use of QuickCheck).
3. ACCESS TO SERVICES
Certain areas of the QuickCheck website require registration or otherwise ask you to provide information to participate in certain features or access certain content. If the website requires you to create an account or otherwise submit information, you must complete the specified process by providing ELIX with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify ELIX immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to QuickCheck. ELIX is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
4. RESPONSIBILITIES AND RESTRICTIONS
You are solely responsible for all activity and use of QuickCheck that occurs under your account. You are solely responsible for Customer Data (other than with respect to ELIX’s express obligations set forth herein) and will obtain and maintain all necessary consents, agreements, and approvals from individuals or any other third parties for all actual or intended uses of Customer Data.
You will not:
a. use, permit the use of, or take any action with respect to QuickCheck except as expressly authorized under these Terms and Conditions;
b. interfere with or disrupt the integrity or performance of QuickCheck, or any data or content housed in QuickCheck, whether by means of the introduction of Disabling Code or otherwise;
c. disrupt, disable, translate, decompile, disassemble, modify, or reverse engineer QuickCheck, any software used in connection with the performance or the delivery of QuickCheck; or use any third party software or products or services that do any of the foregoing;
d. grant any rights in or access to QuickCheck in any form to any unauthorized third party; or
e. download or copy or attempt to download or copy QuickCheck, in whole or in part.
You agree to use QuickCheck only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is libelous, defamatory, constitutes an illegal threat, violates export control laws or regulations, or encourages conduct that would constitute a criminal offense or give rise to civil liability.
5. PROPRIETARY RIGHTS
ELIX reserves all right, title and interest in and to QuickCheck and all intellectual property rights therein and thereto. You agree not to use any trademarks, service marks, trade names, or logos of ELIX without ELIX's prior written consent in each instance, which may be withheld in ELIX's sole discretion. ELIX owns all Services Data and may use such data for its internal purposes. Without limiting the generality of the foregoing, ELIX may collect, aggregate and analyze data and information regarding your use of QuickCheck in order to improve operation of QuickCheck. You own all right, title, and interest in and to your Customer Data. You grant ELIX a nonexclusive, royalty-free, perpetual, worldwide right to access, use, disclose, and display Customer Data for purposes of: (1) providing QuickCheck to you; (2) preventing or addressing service or technical problems in connection with the Services; or (3) as otherwise expressly permitted in writing by Customer.
6. WARRANTIES AND TECHNICAL SUPPORT
EXCEPT FOR ANY EXPRESS WARRANTIES MADE IN THESE TERMS AND CONDITIONS, ELIX HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO QUICKCHECK. ELIX PROVIDES QUICKCHECK ON AN "AS IS" BASIS AND YOU USE QUICKCHECK AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL ELIX BE LIABLE TO YOU UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, OR STRICT LIABILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR DAMAGES FOR LOSS OF DATA, LOSS OF USE OF COMPUTER HARDWARE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS, DOWNTIME, AND COMPUTER HARDWARE, HOST SERVER, OR CONNECTIVITY MALFUNCTION, EVEN IF ELIX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FURTHER, YOU ACKNOWLEDGE THAT CERTAIN SERVICE FEATURES RELY UPON THE AVAILABILITY OF THE INTERNET OR CELLULAR NETWORKS OR SERVICES AND MAY BE IMPACTED OR INTERRUPTED OR MAY CEASE IF THE INTERNET OR CELLULAR NETWORKS OR SERVICES CEASE TO BE AVAILABLE AT ALL OR ON REASONABLE TERMS OR EXPERIENCE AN OUTAGE, MALFUNCTION, OR ANY CHANGE IN THEIR SERVICES, PRACTICES, OR FUNCTIONALITY.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ELIX from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of QuickCheck. ELIX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement is governed by and will be construed in accordance with the laws of the State of Maine, U.S.A., without regard to conflict of law principles. The Parties will use reasonable efforts to resolve any dispute between them in good faith prior to initiating legal action. Any claim or cause of action under or relating to the Agreement must be brought in the state or federal courts located in the State of Maine and the Parties hereby agree to submit to the exclusive personal jurisdiction of such courts and hereby waive any claim of forum non conveniens.
10. MISCELLANEOUS
These Terms and Conditions do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and ELIX. No failure or delay by ELIX in exercising any right under these Terms and Conditions will constitute a waiver of that right or any other rights. The waiver by ELIX of a breach hereof will not operate or be construed as a waiver of any subsequent breaches of the same or any other provision. These Terms and Conditions operate to the fullest extent permissible by law.