Legal

Effective Date:  July 1, 2024

This website is owned by Quality Turbocharger Components LLC (“QTC”), a Texas limited liability company.  QTC provides this website to distribute information about QTC, its goods and services, and to facilitate sales.  These Website Terms & Conditions (“Terms & Conditions”) apply to all users of QTC’s website.  All content, information, and services, provided on or through this website may be used only in accordance with these Terms & Conditions.  QTC’s Privacy Policy is part of these Terms & Conditions.  “You” and “your,” as used throughout these Terms & Conditions, means all users of and visitors to QTC’s website, and all persons and entities that access the content and information of QTC’s website.

This website is offered to you conditioned upon your acceptance without modification of these Terms & Conditions.  Your use of QTC’s website constitutes your agreement and consent to be bound by these Terms & Conditions.  As a condition of your use of QTC’s website, you warrant that you are at least 18 years of age, and you will use this website in accordance with these Terms and Conditions.

As a user of QTC’s website, QTC grants you a nonexclusive, nontransferable, revocable, limited license to access and use this website and content for personal non-commercial uses only, in accordance with these Terms & Conditions.  QTC may terminate this license at any time for any reason.  The use of QTC’s website is prohibited in any jurisdiction that does not give effect to all provisions of these Terms & Conditions.  All rights not expressly granted by QTC in these Terms & Conditions are reserved.

The content and information on QTC’s website, including the website architecture, is proprietary property of QTC.  You agree to make use of the website in a manner consistent with intended and allowable purposes.  You may not use this website in a manner that could damage, disable, overburden, or impair any QTC network or server.  You may not block or interfere with any third party’s allowable use of this website.

You agree you will not:

•  Modify, copy, distribute, transmit, display, publish, license, create derivative works from, or sell any information, graphics, logos, marks, content, or text obtained from this website;

•  Access, monitor, or copy any content or information of this website using any manual process, or using any robot, spider, scraper, or other automated means;

•  Violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to this website;

•  Take any action that imposes or may impose an unreasonably or disproportionally large load on the website infrastructure;

•  Deep-link to any portion of this website;

•  Reverse look-up, trace, or seek to trace any information on any QTC customer or other user of or visitor to this website;

•  Frame, mirror, or otherwise incorporate any part of this website into any other website;

•  Use any device, software, or routine to interfere with, or attempt to interfere with, the proper functioning of this website or any activities conducted on or through this website;

•  Use this website for any unlawful purpose, in violation of any law or the rights of any third party, or in any manner in violation of these Terms & Conditions;

You agree to indemnify, hold harmless, and defend QTC, and its owners, members, managers, employees, agents, representatives, and affiliates from and against all claims, causes of action, demands, damages, losses, fines, penalties, and other costs of any kind, including without limitation legal and accounting fees, brought by any third party as a result of:

•  your breach of these Terms & Conditions,

•  your violation of any law or the rights of any third party, and

•  your use of QTC’s website and any websites linked to QTC’s website.

YOUR USE AND BROWSING OF QTC’S WEBSITE IS AT YOUR OWN RISK.  THE INFORMATION AND CONTENT PROVIDED THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR OTHER ERRORS.  ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  QTC DOES NOT WARRANT THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL SOFTWARE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT YOUR COMPUTER OR DEVICE IS PROTECTED FROM VIRUSES, MALWARE, AND OTHER HARMFUL SOFTWARE.  QTC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

IN NO EVENT SHALL QTC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO:

(I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON THIS WEBSITE AND ANY WEBSITES LINKED TO THIS WEBSITE;

(II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THIS WEBSITE;

(III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE;

(IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL AND FINANCIAL INFORMATION STORED THEREIN;

(V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE;

(VI) ANY VIRUSES, MALWARE, OR OTHER HARMFUL SOFTWARE, WHICH MAY BE TRANSMITTED TO, FROM, OR THROUGH THIS WEBSITE;

(VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR

(VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE.

SUCH LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES CLAIMED OR ALLEGED ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT QTC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT OF ANY PROBLEM OR DISPUTE WITH THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE.

Governing Law

These Terms & Conditions, and your use of QTC’s website, are governed by the laws of the state of Texas, United States of America, without reference to its conflict of laws provisions.  All disputes or claims arising from or in any way related to these Terms & Conditions, the use of QTC’s website, and the information and content provided through QTC’s website, shall be subject to the exclusive jurisdiction and venue of the courts of the state of Texas.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms & Conditions.

YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF, OR RELATING IN ANY WAY TO, THESE TERMS & CONDITIONS AND YOUR USE OF QTC’S WEBSITE.  THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT RELATE TO THESE TERMS & CONDITIONS, YOUR USE OF QTC’S WEBSITE, AND THE INFORMATION AND CONTENT PROVIDED THROUGH QTC’S WEBSITE.  THIS WAIVER OF JURY TRIAL IS IRREVOCABLE, IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING.

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law, rule, or regulation, including without limitation those related to copyright and other intellectual property rights. This website and its content are protected by copyrights, trademarks, service marks, and other forms of intellectual property protection.

The text, graphics, and html code contained in this website are the exclusive intellectual property of QTC.  The content on QTC’s website, including without limitation the text, scripts, graphics, photos, images, logos, videos, trademarks, and service marks, are owned by QTC, subject to copyright and other intellectual property rights under the laws of the United States of America and international conventions.  Content on this website is provided to you for your personal non-commercial use, and may not be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any purpose.  QTC reserves all rights not expressly granted in and to this website and its content.

The logos, trademarks, service marks, and trade dress found on QTC’s website are the property of QTC, whether registered or unregistered.  Nothing on this website should be interpreted as granting any license or right in these logos, trademarks, service marks, or trade dress including grants based upon theories of implication or estoppel.  The QTC logo, trademarks, service marks, or trade dress may not be used by you in any way without prior express written permission from QTC.

All content and materials available through QTC’s website are owned by QTC and protected by copyright law.  Copyright © 2024 Quality Turbocharger Components LLC.  All rights reserved.  No part of QTC’s website or its content, including graphics, logos, marks, or text available on this website may be copied, reproduced, translated, distributed, displayed, sold, or reduced to any electronic medium, in whole or in part, with QTC’s express written permission.  Distribution for commercial purposes is prohibited.

These Terms & Conditions, along with QTC’s Privacy Policy, constitute the entire agreement between you and QTC regarding your use of QTC’s website and its content (“Agreement”).  No transmission by you to QTC can modify or negate any provision of this Agreement.  Should any part of this Agreement be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.  No delay or omission by QTC in exercising any right under these Terms & Conditions shall operate as a waiver of such right or any other right.  A waiver by QTC of any breach of these Terms & Conditions shall not be construed as a waiver of any future breach.  QTC in its discretion may modify any provision of these Terms & Conditions at any time.  Revised versions of these Terms & Conditions will be posted here, with an updated revision date.

Effective Date:  July 1, 2024

This Privacy Policy applies to all users of QTC’s website, and describes what information QTC collects through this website, and how QTC uses this information.  This Privacy Policy only applies to information collected through this website, and does not apply to information collected by QTC through any other means.  This Privacy Policy is part of the Terms & Conditions of QTC’s website.

QTC collects information from website users directly from user input, and automatically through website technologies.

The information QTC collects directly from user input includes contact information (user name, email address, mailing address, phone number).  QTC uses this information for various purposes, including completing transactions, providing technical support, responding to requests for information, resolving disputes, and enforcing agreements.

The information QTC collects automatically through website technologies includes user IP address, computer and device information (browser type, operating system, unique device identifiers), and URL click stream data (date, time, content viewed).  QTC’s website uses cookies, which are small text files the website sends to your browser when you visit the website, so the website can recognize your computer when you return.  Cookies do not contain personally identifiable information, and can be disabled in your browser settings.  QTC may use and disclose this automatically collected information for any lawful purpose, including monitoring website use, and administering, customizing, and improving the website.

QTC may disclose the information collected from users and through the website in the following ways:

Business Purposes:  User information may be made available to QTC’s employees, agents, representatives, and contractors to help QTC complete transactions, provide services, provide support, answer questions, develop marketing plans, and promote sales.

Compliance with Laws:  QTC may disclose user information in order to (i) respond to or comply with any law, subpoena, or court order, (ii) investigate and prevent security threats, fraud, and other malicious activity, (iii) enforce and protect the rights of QTC and its members, and (iv) enforce and protect the rights and safety of QTC managers, officers, employees, agents, and representatives.

Ownership Change:  If QTC is part of a merger, acquisition, or a sale of its assets, user information may be disclosed to actual or prospective purchasers.

Except as provided for in this Privacy Policy, QTC will not disclose information collected from users to third parties, unless QTC notifies users of the potential disclosure at the point information is submitted to QTC.

Users may request access to the information that they have provided QTC, and may to review and revise this information.  The accuracy of such information is solely the responsibility of the user.  In order to protect the confidentiality of user information, QTC may take reasonable steps to verify identity before granting access to information.  No access is given to information that is automatically collected through the website technologies.

QTC uses a variety of physical, electronic, and managerial data security measures intended to maintain the confidentiality and integrity of the information collected from users and through the website technologies.

QTC may modify this Privacy Policy at any time.  Revised versions of this Privacy Policy will be posted here, with an updated revision date.

QTC does not knowingly collect information from children under the age of 13, nor does QTC target its website to children under the age of 13.

By using QTC’s website, and by providing information to QTC, you consent to the collection and use of your information in accordance with this Privacy Policy.