TERMS AND CONDITIONS
This website (the “Site”) is owned and operated by QTS Realty Trust, LLC. For the purposes of these website terms and conditions (these “Terms”), “QTS,” “we,” or “us,” refer collectively to QTS Realty Trust, LLC, its operating partnership, QualityTech, LP, and their respective subsidiaries and affiliates.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER BELOW THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE PROVISIONS.
INTELLECTUAL PROPERTY. QTS and/or its licensors retain all intellectual property rights with respect to the Site, including without limitation any content or services accessible through the Site. “QTS,” “Q” and “Q.com” and associated logos are trademarks of QualityTech, LP. Any other trademarks, service marks, logos and icons identifying QTS products or services are proprietary marks of QualityTech, LP or its affiliates. Unauthorized use of any trademarks, service marks, logos or icons on the Site is prohibited and may be a violation of federal and state trademark laws.
This Site is protected by U.S. and international copyright laws. Except as expressly provided herein, you may not modify, reproduce or distribute (a) content on the Site or (b) the design or layout of the Site or individual sections of the design or layout of the Site. You may download copyrighted material on this service for your individual and non-commercial use only, provided that you keep intact all copyright, trademark and other proprietary rights notices. Using this Site to evaluate whether to enter into a business relationship with QTS shall not constitute a commercial use for the purposes hereof. You may not otherwise copy, republish, redistribute, or exploit in any manner, any material from the Site without the express written permission of QTS.
DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that the Site contains content that infringes on your copyright, please forward the following information to: [email protected].
Our policy is to terminate the right of repeat infringers to use the Site.
DISCLAIMERS. ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QTS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. QTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT THE SITE IS FREE OF VIRUSES. USERS SHOULD SEEK THE ASSISTANCE OF INVESTMENT PROFESSIONALS REGARDING THE EVALUATION OF SPECIFIC CONTENT OBTAINED ON OR THROUGH THE SITE. THE INFORMATION ABOUT QTS ON THE SITE IS PROVIDED AS A COURTESY TO VISITORS TO THE SITE.
QTS REALTY TRUST, LLC IS NOT A CHARTERED BANK OR TRUST COMPANY, OR DEPOSITORY INSTITUTION. IT IS NOT AUTHORIZED TO ACCEPT DEPOSITS OR TRUST ACCOUNTS AND IS NOT LICENSED OR REGULATED BY ANY STATE OR FEDERAL BANKING AUTHORITY.
LIMITATION OF LIABILITY. QTS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF QTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR RELATED INFORMATION. OUR TOTAL LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT.
INDEMNIFICATION. You agree, at your own cost and expense, to indemnify QTS and its affiliates, and each of their respective officers, directors, agents, employees, owners, licensors and consultants, and hold them harmless, from and against all claims, losses, damages, liabilities, judgments, costs, and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in any manner out of your use of, or inability to use, the Site or any QTS Services or your breach of these Terms.
LINKS. The Site may contain links to other websites that are not under the control of QTS. The content available on such sites does not necessarily reflect the opinion of QTS. QTS is providing these links as a convenience to you, and access to any linked sites is at your own risk. QTS assumes no responsibility for, or any obligation to monitor, the content of such linked sites. The inclusion of any link does not imply a recommendation, sponsorship or endorsement by QTS of the linked site or any affiliation with the linked site.
EMAIL. You understand that the Internet is public and that electronic communications between you and QTS via this Site are subject to the risk of being viewed by other parties. You acknowledge that any information which you provide to QTS may not be secure and QTS disclaims all liability with respect to any information which you may submit via email.
MODIFICATIONS. QTS reserves the right to modify the Site and these Terms at any time. Modifications to these Terms will be posted on the Site, and users are deemed to be apprised of and bound by any changes to the Site when they first access the Site following such changes. QTS may make changes in the products and/or services described on the Site at any time.
VIOLATION OF THESE TERMS. QTS reserves the right to seek all remedies available at law and in equity for violations of these Terms, including, without limitation, the right to block access from a particular Internet address to the Site.
TERMINATION. QTS reserves the right to terminate or suspend access to the Site at any time, with or without cause or notice.
QTS NETWORK. Use of any QTS services, including internet services, Switchboard, Wi-Fi in the data centers, cross connects and other network services, of QTS (collectively, “QTS Services”), is subject to our Acceptable Use Policy, which is incorporated into and made a part of these Terms. All products and services referenced are provided subject to applicable tariffs and any accompanying terms and conditions.
PRIVACY. QTS’ collection, use, storage and disclosure of personal data through this Site, and your choices regarding such data, are subject to our Privacy Policy, which is incorporated into and made a part of these Terms.
GOVERNING LAW AND GENERAL PROVISIONS. This Site is operated by QTS from its offices within the United States of America. QTS makes no representation that the information on the Site is appropriate or lawful for use in other locations. Access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Any claims relating to this Site will be governed by the laws of the State of Georgia, U.S.A., excluding the application of its conflicts of law rules.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
(a) Binding Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(b) Seat and Number of Arbitrators. The place of arbitration shall be Atlanta, Georgia. The arbitration shall be conducted by one (1) arbitrator. The language of the arbitration shall be English.
(c) Court Enforcement and Jurisdiction. Each party irrevocably submits to the jurisdiction of the state or federal courts sitting in Atlanta, Georgia, for the purposes of enforcing any discovery order, interim award, or final judgment rendered in connection with such arbitration. An award of arbitration may be confirmed in a court of competent jurisdiction to ensure its legal finality.
(d) Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. NEITHER YOU NOR QTS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OR CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
(e) Costs of Arbitration. Unless otherwise provided by law, the arbitrator’s fees and expenses shall be shared equally by the parties, and each party shall bear its own costs and attorneys’ fees.
