Terms of Use

Last Update: 09/19/2018

These Terms of Use apply to the Qcentive website (https://qcentive.com/) and do not apply to the Qcentive product platform.

Qcentive LLC. (“Qcentive,” “we,” “us”) owns and operates the Qcentive website (“Website”). By accessing the Website, the visitor (“you”) agree to these Terms of Use. If you cannot agree with these Terms of Use, you must not use the Website. If you are not 18 years of age or older and lawfully able to enter into contracts, you must not use the Website.

Terms Updates

Qcentive reserves the right to change these terms at any time. The “last updated” date indicates when the Terms were last revised. Your continued use of the Website constitutes your agreement to any updated terms. If you cannot agree to changes to these Terms of Use, you cannot continue to use this Website.

If you have any questions about these Terms of Use, please contact us.

License

Qcentive grants you a personal, revocable, non-exclusive, non-transferable, limited permission to access the Website if you comply with these Terms of Use. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Website. You also warrant to Qcentive that you will not use the Website for any purpose that are unlawful, prohibited by any applicable regulation, or are otherwise inconsistent with these Terms of Use. You further warrant that you will not extract data contained in the Site to populate databases for internal or external use without express written permission from Qcentive.

Intellectual Property

All text, graphics, user interfaces, and all trademarks, service marks, and logos are owned by or licensed to Qcentive and are protected by copyright, trademark registrations, and other intellectual property rights, and that you have no rights to transfer or reproduce the Website, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Website. This Agreement is not a sale and does not convey any rights of ownership in or related to the Website or Intellectual Property owned by Qcentive to you.

Restrictions

You grant Qcentive a non-exclusive, worldwide license to use the information, data, content, and other materials uploaded by you to the Website (the “Content”) solely for purposes of furnishing the Website to you and in accordance with our Privacy Policy. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. Nothing contained in these Terms of Use will be construed as granting Qcentive any right, title, or interest in your Content

Privacy

We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed at https://qcentive.com/privacy/. All data you provide to us is subject to the terms maintained in the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personal information as described in the Privacy Policy.

User Content

The Website may contain areas in which you may post reviews or make comments (collectively “Content”). By using these areas, you acknowledge and agree that the Content you provide may be available to other users. Qcentive is not liable for any statements, representations, or comments provided by its users in any public forum. Although Qcentive has no obligation to screen, edit, or monitor any of the comments posted to its Website, Qcentive reserves the right to remove, edit or refuse to post Content in its sole discretion.

You may also provide us with suggestions, comments, or other feedback (“Feedback“) with respect to our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Website.

Links

The Website may contain links to third party websites, including social networking websites. These links are provided for your convenience, and inclusion of links on the Website does not suggest an endorsement. We are not responsible for the contents or transmission of any linked site or for ensuring that the linked sites are error and virus free. Linked sites are subject to their own terms of use and privacy policies, and we encourage you to read them.

Indemnification

To the extent permissible by law, you will defend and indemnify Qcentive and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the Services; (ii) any information you submit, post, or transmit through our Services; (iii) breach of any of your obligations, representations, or warranties in these Terms of Use; or (iv) your violation of any rights of another person.

Warranties Disclaimer

The Website is provided as-is and as-available, with all faults, and without warranty. Except for any express warranty provided herein, Qcentive and its licensors & suppliers disclaim all other warranties and all such warranties are hereby specifically disclaimed.

Qcentive assumes no responsibility for any error or omission on the Website, and failures, delays, or interruptions in the Website’s accessibility, and losses or damages arising from the use of the Website, and conduct by other users on the website, or unauthorized access to or use of the Website or server(s).

Limitation of Liability

You understand & agree that Qcentive will not be liable for any direct, or indirect damages, including, but not limited to, damages for loss of products, use, data, or other intangible losses. You understand and agree that your use of the website is predicted upon your waiver of any right to sue Qcentive or its affiliates directly or participate in a class action suit for any losses or damages resulting from your use of the website.

Notices & Electronic Communications

Any notices to you from Qcentive regarding the Website or these Terms of Use will be posted on this Website.

When you visit this Website or send emails to Qcentive, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Applicable Law

Qcentive operates its Website from offices within the United States. No representation is made that the Content on the Website is appropriate, legal, or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to the Website, the services provided through the Website, or the Content shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions. If there is a dispute between you and Qcentive, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Boston, Massachusetts.

Bug Bounty

Qcentive does not currently offer any “bug bounty” program at this time for any reported computer, software, or network vulnerabilities, “bugs”, typos, or errors. Any legitimate and valid reported security concern will be greatly appreciated, but no compensation can be offered at this time.

Explicitly accessing the Website for the specific goal of finding vulnerabilities of any kind is expressly forbidden without written permission of Qcentive.

Web Browser Support

Access to the Website requires the use of a web browser. Qcentive recommends the use of “modern” web browsers with release dates within the last 18 months for maximum performance and security. Additionally, Qcentive cannot be expected to support all browser extensions. Browser extension compatibility, even for supported browsers, is the responsibility of the Website visitor.

Severability

If any of the part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement.

Entire Agreement

This Agreement, as may be amended from time-to-time by us, constitutes our entire agreement regarding the Website.

Waiver

Neither party will by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a breach of this Agreement by the other party will not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.

Digital Millennium Copyright Act

Qcentive reserves the right to block or remove any material on the Website which allegedly infringes another person’s copyright. If you believe that materials hosted by Qcentive infringe your copyright, you (or your agent) may send notice requesting that the materials be removed. Notice must be provided in writing and must include all pertinent information to identify and validate your claim.

Please reference our contact page for address and telephone information to direct your notice.