Q-sms Inc. User Terms:
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. User Eligibility
   The Web Site is provided by Q-sms Inc., a subsidiary of Quorium Solutions and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use this Web Site.
2. Scope of Terms of Use
   These Terms of Use govern your use of this Web Site and all applications, software and services (collectively, "Services") available via this Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site ("Service Agreement(s)"). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.
3. Modifications
   Q-sms Inc. (www.q-sms.org) may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Q-sms Inc. Q-sms Inc. may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Q-sms Inc. may establish or change, at any time, general practices and limits concerning other Q-sms Inc. products and services in its sole discretion.
4. Q-sms Rate and Service Guide and Tariff
   In addition to any other terms and conditions that may be applicable to such transaction as provided in these Web Site Terms of Use and the Service Agreement(s), the Q-sms Inc. Rate and Service Guide applicable to You and the Q-sms Inc. Tariff (to the extent it is applicable to You) in effect at the time of shipment govern Your use of Q-sms Inc. transportation and related services.
5. Q-sms Privacy Policy
   The Q-sms Inc. Privacy Policy governs the use of information collected from or provided by You at the Web Site. With respect to any individual whose personal information is provided by You to Q-sms Inc., You represent to Q-sms Inc. that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Q-sms Inc. Privacy Policy, including the transfer of such data to Nigeria or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
6. License and Ownership
   Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Q-sms Inc., its affiliates or third parties. The Content is protected by copyright and other laws in both Nigeria and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of Q-sms Inc., its affiliates or other entities that have granted Q-sms Inc. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Q-sms Inc. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Q-sms Inc.'s or the appropriate third party's prior written permission. Except as expressly provided herein, Q-sms Inc. does not grant to You any express or implied rights to Q-sms Inc's or any third party's Intellectual Property. Q-sms Inc. grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Q-sms Inc., and (b) access and use the Q-sms Inc. computer and network services offered within the Web Site (the "Q-sms Inc. Systems") only in the manner expressly permitted by Q-sms Inc. Except for this limited license, Q-sms Inc. does not convey any interest in or to the Q-sms Inc. Systems, information or data available via the Q-sms Inc. Systems (the "Information"), Content, Services, Web Site or any other Q-sms Inc. property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Q-sms Inc. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Q-sms Inc.
7. Restrictions on Use of the Web Site
   In addition to other restrictions set forth in these Terms of Use, You agree that:
   (a) You shall not disguise the origin of information transmitted through the Web Site.
   (b) You will not place false or misleading information on the Web Site.
   (c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Q-sms Inc.
   (d) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
   (e) Certain areas of the Web Site are restricted to customers of Q-sms Inc.
   (f) You may not use or access the Web Site or the Q-sms Inc. Systems or Services in any way that, in Q-sms Inc.'s judgment, adversely affects the performance or function of the Q-sms Inc. Systems, Services or the Web Site or interferes with the ability of authorized parties to access the Q-sms Inc. Systems, Services or the Web Site.
   (g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Q-sms Inc.
8. Access to Shipping Related Systems and Information
   Through the Web Site Your use and access of the Shipping Related Systems and Information are subject to the following terms:
   (a) The "Shipping Related Systems" are comprised of the Q-sms Inc. Systems which are used to provide tracking, time in transit, drop-off locator, address validation and other functions and information related to the shipment of packages via Q-sms Inc. The Shipping Related Systems and Information gained from such systems ("Shipping Information") are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.
   (b) The Shipping Related Systems and Shipping Information are the private property of Q-sms Inc. Q-sms Inc. authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to Q-sms Inc. for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of Q-sms Inc. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
   (c) Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
9. Links
   (a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Q-sms Inc. of the content on such Linked Sites. Q-sms Inc. makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Q-sms Inc. is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
   (b) Inbound Links. Linking to any page of the Web Site other than to http://www.q-sms.org through a plain text link is strictly prohibited in the absence of a separate linking agreement with Q-sms Inc. Any web site or other device that links to http://www.q-sms.org or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Q-sms Inc. or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Q-sms Inc. or any of its affiliates, (e) presenting false information about Q-sms Inc. products or services, and (f) using any logo or mark of Q-sms Inc. or any of its affiliates without express written permission from Q-sms Inc. 10. Submissions Q-sms Inc. does not accept ideas, concepts, or techniques for new services or products through the Web Site ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Q-sms Inc. and its affiliates are under no obligation to keep such information confidential, and (c) Q-sms Inc. will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
10. Account Termination
    You agree that Q-sms Inc., in its sole discretion, may terminate or suspend Your use of the Web Site, the Q-sms Inc. Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately
    (a) discontinue use of the Web Site, and
    (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the Q-sms Inc. Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Q-sms Inc. shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Q-sms Inc. Systems, Information and/or the Services.
11. Disclaimer of Warranties
    Q-sms Inc. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE Q-sms Inc. SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEB SITE, THE Q-sms Inc. SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Q-sms Inc., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Q-sms Inc. AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE Q-sms Inc. SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY Q-sms Inc. IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
12. Limitation of Liability
    TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT Q-sms Inc. IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, Q-sms Inc. IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Q-sms Inc., ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE Q-sms Inc. SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Q-sms Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
13. Compliance with Law Including Export Control You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Q-sms Inc., negatively reflect on the goodwill or reputation of Q-sms Inc. and shall take no actions which would cause Q-sms Inc. to be in violation of any laws, rulings or regulations applicable to Q-sms Inc. Q-sms Inc. and the Web Site are based in Nigeria. Nigeria and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited underNigeria or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
14. General You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. Written Document You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
16. Complete Agreement EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND Q-sms Inc. OR IN THE APPLICABLE Q-sms Inc. RATE AND SERVICE GUIDE OR Q-sms Inc. TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND Q-sms Inc. WITH RESPECT TO THE USE OF THE WEB SITE, THE Q-sms Inc. SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
17. Customer Service Questions or comments regarding the Web Site may be submitted to Q-sms Inc. Customer Service. The Q-sms Inc. Privacy Policy was last updated on June 16, 2008. To review the particular changes, please see the Q-sms Inc. Privacy Policy Change Log.