Last Updated 14 April 2024
Qlori, Inc. (“Qlori,” “we,” “our” or “us”) welcomes you. We provide the Qlori website at http://www.qlori.com (“Site”), the Qlori app at http://learn.qlori.com (“App”) and/or tools or other services (collectively, "Services"). Your access and use of the Services (or any portion of the Services) are governed by the terms and conditions contained in this Terms of Service (this “TOS”). This TOS governs the relationship between Qlori and you, the user of the Services.
Because this TOS contains legal obligations, please read this TOS carefully. It is important that you read carefully and understand the terms and conditions of this TOS. By accessing or using any part of the Services, whether or not you create an account with us, you agree to be bound by this TOS. If you do not agree to this TOS, you will not have the right to access or use any part of the Services.
You represent that: (a) if you are entering into this TOS on behalf of your employer, or any other entity or person, you are duly authorized by your employer, such other entity or such person to enter into this TOS which will be binding upon both you individually and such employer, other entity or person (and “you” as used in this TOS shall refer to both), (b) you are of the legal age to form a binding contract with us, and (c) you are not a person or entity barred from subscribing, using or accessing the Services under the laws of the United States or other applicable jurisdiction.
We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify you of changes by any reasonable means, including without limitation, by notifying you at the email address provided by you, by notifying you through the App, and/or by posting the revised version of this TOS. You can determine when this TOS was last revised by referring to the “Last Updated” legend at the top of this TOS. Please return to this TOS to ensure familiarity with the most current version of this TOS. Your continued access or use of any portion of the Services after we publish or send a notice about changes to this TOS shall constitute your agreement and consent to such changes. If you object to any such changes, please cease accessing or using the Services and close your account(s) with us.
As a user of the Services, the collection, use, and sharing of your personal data is subject to Qlori’s Privacy Policy. Please read our Privacy Policy carefully. This TOS incorporates by reference the terms and conditions of the Privacy Policy. Notwithstanding anything in our Privacy Policy or this TOS, you understand and agree that the Services use the Internet and third-party networks which are not secure, and Qlori cannot guarantee that any transmission made by you or to you in the use of the Services is or will be secure.
Subject to your compliance with this TOS, and solely for so long as you are permitted by Qlori to access and use the Services in its sole discretion, Qlori grants to you a limited, revocable, non-exclusive, non-transferable right to access the use the Services for your individual personal or business use only. Unless expressly granted to you in this TOS, Qlori and its licensors reserve and retain all rights related to the Services (including all intellectual property rights related thereto). You agree to comply with all applicable laws and regulations which govern your access and use of the Services.
You will be required to create an account in order to access certain portions of the Services. You may register for a personal account (“Personal Account”) or a teams account (“Teams Account”). A free version of a Personal Account is available. If a Teams Account is offered to you by your employer or other party who purchase Services for you as part of a teams membership, you may register for a Teams Account in addition to a Personal Account. If you have both a Personal Account and a Teams Account, each account will be treated as a separate account. You agree to (a) provide true, accurate, current, and complete information about yourself every time you provide information to us, and (b) maintain and promptly update information about yourself to keep it true, accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to immediately terminate this TOS, and your use of the Services, your Personal Account, and Teams Account.
Your account is for your individual use only, and not for use by any other person. You will be responsible for maintaining the confidentiality of the credentials you use to log into your account (“Login Credentials”) when accessing and using the Services and agree not to transfer, share, or disclose your Login Credentials, or otherwise transfer, share or resell your access to the Services, to any third party. You agree to immediately notify Qlori of any unauthorized use of your Login Credentials or account, or any other breach of security related to your account or the Services. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES TAKING PLACE THROUGH YOUR ACCOUNT, whether or not you are the party who undertakes such activities, unless you close your account or report misuse of your account to Qlori.
If you have a Teams Account, then the administrator of the Teams Account will have the right to control your access to your Teams Account and will be able to view the information about your Teams Account. If requested by you and consented to by such administrator, information about courses completed, certifications received and assessment information that is available for display on your Teams Account may also be displayed on your Personal Account (or be transferred to your Personal Account after your Teams Account is closed).
You may elect to become certified by Qlori. As part of your certification, you may be asked to take tests/quizzes administered by us or other content providers, to complete tasks (Quiz, Exam, Case Study), and to provide samples of work that you have completed. The certifications will be posted on your account for which the certification (might require an additional fee based on the certification type on top of the subscription fee).
In addition to the basic features of Teams Accounts which are included in the subscription for Teams Account, the account administrator may purchase additional features and add-ons to the Teams Account from time to time. Qlori may also offer free trial periods for Teams Accounts.
You are responsible for any payments due for paid Services you purchase on your Personal Account (including for any certifications), as well as any applicable fees and taxes. For Team Accounts, the team administrator (Representative of the Account Holder Organization) is responsible for such payments, fees, and taxes for all accounts on the team. Any fees due to Qlori will be paid in US Dollars based on the exchange rates published by the Federal Reserve, if applicable, via the payment methods made available by Qlori. Failure to pay timely the payments, fees, and taxes due for your account may result in the suspension or termination of such paid Services, certifications, and/or your account with or without notice to you.
As used herein, “Content and Information” means comments, forum posts, messages, data, information, materials, images, photographs, audio files, video files, hyperlinks, and any other content that you post, upload, or transmit through the use of the Services. Although Qlori is not responsible or liable for your Content and Information, Qlori reserves the right to take any action it deems necessary or appropriate in its sole discretion, with respect to any such Content and Information, at any time and without notice to you. Qlori is not responsible for storing, maintaining, or providing a copy of your Content and Information, except as required by applicable law or pursuant to our Privacy Policy.
The Services allow sharing of your Content and Information in various ways, which may be viewed by other users of the Services. If you post Content and Information on your profile of your personal account, other users of the Services may be able to view such Content and Information. Certain Information, such your courses completed and assessment information, may automatically be posted on your account, and you may not have the ability to not display such information. For Team Accounts, the account administrator may determine what Content and Information about you is available to other users of the Services or to other team members. Qlori is not liable for any content or information posted on the Services by other users. Your use of such content and information is at your own risk.
During and after the term of this TOS, Qlori shall have the right to use Aggregated Data for Qlori’s internal business purposes (such as improvement, enhancement, diagnostic, forecasting, planning, and corrective purposes and to further develop the Services) and to disclose Aggregated Data in Qlori’s public statements and marketing materials describing and/or promoting the Services. “Aggregated Data” means any data or information (including data and information derived from Content and Information that: (a) has been anonymized, (b) does not identify an individual and cannot be used to identify an individual, and (c) is not attributable to you. Aggregated Data may be combined with other data.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, terminate, suspend, or discontinue the Services and/or terminate, suspend, or delete your account or any portion thereof, with or without notice to you. You agree that (a) Qlori shall not be liable to you or to any third party for any modification, termination, suspension, or discontinuance of the Services and your account, in whole or in part, and (b) your continued use of the Services after any changes to the Services have been implemented will be deemed your acceptance of such changes. Without limiting the generality of the foregoing, you specifically acknowledge that Qlori has the right to terminate or limit your account for any reason or no reason at all at any time without notice to you. Upon suspension, termination, or deletion of your account, you will no longer have access to your Content and Information, messages, or other features that may have value to you that are associated with your account. Additionally, even if your account is not suspended, terminated, or deleted, your Content and Information may be deleted or no longer accessible to you. If we terminate any paid Services, you are entitled to a pro-rata refund of any prepaid fees for the unused portion of such paid Services.
In accessing and using the Services, you agree to abide by the following rules, restrictions, and limitations:
Qlori (and its licensors) shall own and retain all rights, titles, and interests (including all intellectual property rights) in and to the Services (including each component thereof), including all content (other than your Content and Information) and other materials appearing therein, and information related to the use of the Services. Qlori shall also own and retain any and all metadata related to your Content and Information generated by the Services and systems. The Services, and the underlying technology and software comprising the Services, are and shall remain the exclusive property of Qlori and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. All trademarks and service marks appearing within the Services not owned by Qlori are the property of their respective owners. The trade names, trademarks, and service marks owned by Qlori, whether registered or unregistered, may not be used without our written consent or in any manner that is likely to cause confusion.
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND YOUR USE THEREOF IS AT YOUR SOLE RISK. QLORI DOES NOT WARRANT THAT: (A) THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE SERVICES WILL BE CORRECTED. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS, DELAYS AND FAILURES OF THE SERVICES. QLORI: (I) DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND (II) SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION TRANSMITTED THROUGH THE SERVICES, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, AND ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR MATERIALS POSTED, DOWNLOADED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
QLORI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR COST OF SUBSTITUTE PROCUREMENT, LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, OR COST OF RECOVERY OR OTHER DAMAGES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, QLORI WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR YOUR ABILITY TO ACCESS YOUR ACCOUNT, OR FROM ANY AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES AND CLOSE YOUR ACCOUNT(S). UNDER NO CIRCUMSTANCES SHALL QLORI BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS”, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. NOTWITHSTANDING ANYTHING ELSE IN THIS TOS, QLORI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS AND/OR THE SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO QLORI DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH QLORI RECEIVES NOTICE OF A CLAIM FROM YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
This TOS is effective on the date you use or access any portion of the Services until it is terminated by you or Qlori. Qlori, in its sole discretion, may terminate this TOS and the Services (or any portion(s) of the Services), or suspend any Service for any reason, with or without notice to you. You may terminate this TOS by closing your account(s) and ceasing to access or use the Services (and any portion(s) of the Services). Upon any termination of this TOS, your right to access or use the Services and your account(s) will immediately cease and terminate. You agree that Qlori shall not be liable to you or any third party for any termination of this TOS, whether by you or Qlori, and any termination or cancellation of the Services. Upon any termination of this TOS, Sections 1, 2, 6.3, 6.4, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive. Upon termination of this TOS (or your account(s)), you will no longer have access to your Content and Information, messages, or other features that may have value to you that are associated with your account(s)
This TOS and all matters arising out of or relating to this TOS and/or the Services will be governed by the internal laws of the State of Texas United States, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Texas to the rights and duties of Qlori and you. This TOS will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.
In the event that any dispute arises between you and Qlori relating in any way to the Services, which may include the interpretation, construction, coverage, scope, performance, non-performance, breach, termination, validity or enforceability of this TOS (“Dispute”), you and Qlori will make bona fide efforts to settle such Dispute amicably by good faith consultation and discussions. If you and Qlori are unable to resolve such Dispute after good faith consultation and discussions for thirty (30) days, such Dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Texas (except that either you or Qlori may seek injunctive relief in any court of competent jurisdiction), and the parties hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
You must contact Qlori in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a claim against Qlori, or you hereby waive the right to pursue a claim against Qlori based upon such event or facts.
You agree to defend, indemnify, and hold harmless Qlori its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, and service providers, from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (a) your and any third party’s use of, or activities in connection with, the Services; or (b) any violation of this TOS by you.
In using the Services, you agree to comply with all applicable federal, state, local, and international laws and regulations, including export and import laws, regulations, orders, or other restrictions administered by the United States Commerce Department's Bureau of Export Administration, the United States Department of Treasury's Office of Foreign Assets Control or any other applicable government agency. You understand that use of the Services and transfer, posting, and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States and other countries.
Pursuant to the Digital Millennium Copyright Act (the “DMCA”), if you believe in good faith that materials posted or transmitted through the Services infringe your copyright, you (or your agent) may send Qlori a notice requesting that Qlori remove the material or block access to it. Please provide the following information: (a) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (b) a description of the copyrighted work that you claim has been infringed upon and sufficient information for Qlori to locate such copyrighted work; (c) information reasonably sufficient to permit us to locate the copyrighted work; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Qlori a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices and counter-notices should be sent to:
DMCA Agent -- Qlori (a Dorrox LLC Brand)
Dobie Center, 2021 Guadalupe Street Suite 260 Austin, Texas 78705, USA
Qlori shall have the right to suspend, terminate, or disconnect all Services for any account engaged in suspected repeated copyright infringement. Qlori shall have the right to transmit the notification to the user of the Service transmitting or receiving the allegedly infringing material, and to transmit any counter-notification to the complaining party.
This TOS (which incorporates by reference our Privacy Policy) and any policies posted with respect to a specified Service constitutes the entire agreement between you and Qlori relating to any and all access and use of the Services (or portion(s) thereof) and supersedes any and all prior or contemporaneous written or oral agreements between you and Qlori relating to the Services. No amendment or waiver of this TOS will be binding on Qlori unless set forth in writing expressly identifying this TOS and signed by an officer of Qlori and you. Either your or Qlori’s failure to exercise any right or provision of these TOS shall not constitute a waiver of such right or provision.
If any provision of this TOS is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this TOS and will not affect the validity and enforceability of any remaining provision.
You authorize Qlori to send you notices and information regarding the Services through the App, the Site, and email to the most current email address we have in our systems for you. You agree that such notice will be deemed sufficient notice and you waive any rights to assert failure of notice. You agree that this TOS and all notices provided to you may be sent in electronic form. The Services may also provide notices of changes to this TOS or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this TOS and any notice given in electronic form shall be admissible in arbitration, judicial, or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You grant Qlori the right to list you, including displaying your trademarks and logos, on Qlori’s website and marketing materials, identifying you as a customer of Qlori and the Services.
You may not assign, transfer, or sublicense any or all of your rights or obligations under this TOS without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this TOS, or relating to the Services, without restriction. For purposes of clarity, you may not transfer your account to any third party.
Nothing in this TOS will be construed to confer upon any third party other than the parties hereto any third party beneficiary right of action whatsoever.
Only the most current English language version of this TOS is binding. In the event of inconsistency or discrepancy between the English language version and any other language version of this TOS, the most current English language version shall control and prevail. Any caption, heading, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
If you have any questions regarding the meaning of the application of this TOS, please direct such questions to info@qlori.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include sensitive information in your e-mail correspondence with us.