Terms and Conditions | QMS, Inc. | SAP Consulting Solutions

Terms and Conditions of Use/Trademarks

Attention: please read these terms carefully before using this internet site. These terms and conditions may have changed since your last visit to this site. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this site.

Quality Management Solutions, Inc. (QMS) of Wakefield, MA., U.S.A., maintains this site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

USE OF QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) WEB SITE AND ITS CONTENT

QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) authorizes you to view and download the information, materials, documents and related graphics (collectively, the “Materials”) at this site for your information and internal use only, provided that you retain all copyright and other proprietary notices contained in the Materials on any copies of the Materials. You may not modify the Materials at this site in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation, except as otherwise explicitly provided at this site. Any unauthorized use of the Materials on any other Internet site or networked computer environment for any purpose is strictly prohibited. This site and the Materials are the property of QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) or its affiliates, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed Materials.

You assume full responsibility and all risks arising from use of this site. The Materials may be out of date, and QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) makes no commitment to update the Materials. The Materials may include technical inaccuracies or typographical errors. QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) reserves the right to make additions, deletions, or modifications to this site or the Materials or in the products or services described in the Materials, at any time without any obligation to notify you of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. The information on this site is provided with the understanding that the provision of information by QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) and the various authors and publishers of Material does not constitute the rendering of medical, legal, financial, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with professional advisors.

NO WARRANTIES

Materials at this site are provided “as is” without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In addition, while making every effort to ensure the integrity of information on this site, QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) does not warrant that: (i) the information on this site is correct, accurate, reliable or complete; (ii) the functions contained on this site will be uninterrupted or error-free; (iii) defects will be corrected; or (iv) this site or the server(s) that make it available are free of viruses or other harmful products.

Product descriptions and specifications are subject to change. QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) periodically adds or updates the information and documents on this site without notice. It is your responsibility to ascertain whether any information downloaded from this site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

LIMITATION OF LIABILITY

In no event will QMS, its subsidiaries, suppliers, or other third parties mentioned at this site be liable for indirect, special, consequential, incidental, exemplary, punitive or multiple damages, or for loss of profits, goodwill, data, equipment or use, or for business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Materials, this site, any Internet sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) has been advised of the possibility of such damages.

QMS’s total liability to you in connection with any and all injuries, losses, expenses, demands, claims or damages whatsoever arising out of or in any way related to your use of this site, from any cause or causes, whether in contract, tort (including, but not limited to, negligence) or otherwise, shall not exceed an amount equal to the lesser of (a) damages suffered by you as the direct result thereof, or (b) USD $1.00.

If your use of the materials results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

Applicable law of some jurisdictions may not allow the exclusion or limitation of indirect, special, consequential, incidental, exemplary, punitive or multiple damages, so the above limitations or exclusions may not apply to you.

LINKS TO THIRD PARTY WEB SITES

Links to third party Internet sites at this site are provided solely as a convenience to you. If you use these links, you will leave this site. QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) does not control and is not responsible for any content of these third party sites or any links contained therein. QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) does not accept any responsibility or endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) of that third party or of any product or service provided by a third party.

TRADEMARK INFORMATION

QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) possesses rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Materials and the products or services described in the Materials. No use of any QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of QMS, except to identify the products or services of QMS. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of QMS. Company, product and service names mentioned in the site that are not owned by QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) and are trademarks or service marks of their respective owners.

SUBMISSIONS TO THIS SITE

Any communications you send to this site or otherwise to QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) by electronic mail or other means are on a non-confidential basis and shall be the exclusive property of QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) and its affiliates. QUALITY MANAGEMENT SOLUTIONS, INC. (QMS)is under no obligation (except as stated in QMS’s Privacy Policy Statement) to refrain from reproducing, publishing or otherwise using the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, in any way or for any purpose, including developing, manufacturing and marketing goods or services, without any obligation to you. If you send any communications to this site or otherwise to QMS, you shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

JURISDICTIONAL ISSUES

This site is administered by QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) from its offices in Wakefield, MA., U.S.A. or elsewhere in the United States. QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) makes no representation that the Materials at this site are appropriate or available for use outside the United States, and access to the Materials from jurisdictions in which the contents of the Materials are illegal is prohibited.

ENFORCEMENT OF THESE TERMS

All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Wakefield, MA. or Indianapolis, IN., U.S.A. under the commercial arbitration rules of the American Arbitration Association. Notwithstanding the foregoing, QUALITY MANAGEMENT SOLUTIONS, INC. (QMS) shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for Massachusetts or Indiana, U.S.A. or any other court of competent jurisdiction as identified by QMS.

GENERAL

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this site. This is the entire agreement between the parties relating to the subject matter in these Terms and shall not be modified except in writing signed by both parties or by a new posting by QMS, as described above.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.