Client and Client personnel ("User") should carefully read the Terms of Use before using the QuikTrak Site. By using the QuikTrak Site and indicating your agreement by clicking the Accept button, User agrees to be bound by the Terms of Use. This is a legally binding agreement. If User does not agree with the Terms of Use you should not use the QuikTrak Site and must click the Reject button
1. QUIKTRAK, INC. ("QuikTrak") and Client are parties to a written Service Agreement. Pursuant to the Service Agreement, QuikTrak performs audit services and other services to Client. QuikTrak has made certain information available to Client through the QuikTrak Site. Client’s access to the information on the QuikTrak site is governed by the Service Agreement and these Terms of Use.
2. QuikTrak agrees to provide access to the QuikTrak Site in accordance with the Terms of Use and the Service Agreement.
3. User agrees to use the QuikTrak Site in a manner consistent with any and all applicable rules and regulations.
4. User accepts that the QuikTrak Site is provided on an "as is, as available"basis. User acknowledges that the access through the Internet cannot always be guaranteed. QuikTrak assumes no responsibility for errors caused in transmission or interpretation of data received from the QuikTrak Site.
5. USER’S ACCESS TO AND USE OF THE QUIKTRAK SITE MAY BE TERMINATED FOR BREACH OF THE SERVICE AGREEMENT OR THESE RULES OF USE.
6. QuikTrak intends to provide the ability for Users to upload orders for QuikTrak reports or other services. User agrees to utilize the QuikTrak order template for all electronic ordering. Except as expressly provided herein, User shall not upload any material to the QuikTrak Site without QuikTrak’s prior written consent. QuikTrak intends to provide the ability for users to download reports in a PDF or other file formats. No intellectual property or other rights shall be transferred to User, except for a limited license to use the reports for their intended purpose.
7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, QUIKTRAK ON BEHALF OF QUIKTRAK EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF QUIKTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE QUIKTRAK SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. USER ASSUMES TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS USER CONSIDERS NECESSARY.
8. Where QuikTrak provides hypertext links to other sites QuikTrak does so for information purposes only, and such links are not endorsements by QuikTrak of any products or services in such sites and QuikTrak accepts no liability nor makes any endorsement or approval of the same.
9. The Terms of Use and the Service Agreement contain the entire understanding between QuikTrak with respect of the QuikTrak Site and no representation, statement, inducement oral or written, not contained herein shall bind either party.
10. Should any part of the Terms of Use or the Service Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use or the Service Agreement had been eliminated.
11. The QuikTrak Site, any information provided from it and the Terms of Use are given and made in the United States of America and shall be governed by the laws of the State of Oregon.