Welcome to our website! The term "this website" or "our website" refers to http://www.quantigic.com
together with any and all webpages contained therein. The term "QS", "we", "us" or "our" refers to Quantigic® Solutions LLC, the owner of this website. The term "QS Affiliates" refers to affiliates (which term shall be construed in the broadest possible sense) of QS, including without limitation its subsidiaries, parent corporations or companies, successors and assigns, partners, suppliers, vendors, clients, customers, and their present, former or future shareholders, members, owners, officers, directors, employees, independent contractors, consultants, board members, advisors, agents, representatives, accountants or attorneys. The term "QS Content" refers to (i) this website and any service on this website; (ii) any and all information, data, product or service viewed or accessed on, purchased, received, downloaded or otherwise obtained from this website; and (iii) any and all output, modifications or derivatives (which terms shall be construed in the broadest possible sense) created or generated from or using the QS Content. The term "you" or "your" refers to the user or viewer of our website or the QS Content. The terms "viewer" and "user" shall be construed in the broadest possible sense and shall include without limitation any individual or individuals (including without limitation acting on behalf of any individual or individuals or entity or entities, as applicable) or entity or entities, as applicable, viewing or using our website in any manner whatsoever. Any provisions hereof applicable to an individual or individuals (including without limitation any age restrictions) shall be construed as applicable to an individual or individuals acting on his or her or their or any other individual's or individuals' or entity's or entities' behalf, as applicable. Please review the following Terms and Conditions of Service and Use of this website ("TOS") carefully before using our website. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use this website, any service on this website, or any of the QS Content. Any terms or conditions proposed by you which are in addition to or conflict with the TOS are hereby expressly rejected by QS and shall be of no force or effect. BY ACCESSING, LINKING TO, OR USING, OR CONTINUING TO ACCESS, LINK TO, OR USE THIS WEBSITE, ANY SERVICE ON THIS WEBSITE, OR ANY OF THE QS CONTENT, YOU CONSENT TO THE TOS.
1. Your representations
You herby represent, warrant and covenant that: (i) you have read and agree to be bound by the TOS; (ii) you have the power and authority to enter into this agreement; and (iii) you are at least eighteen (18) years of age.
2. Restrictions on use
You may not use this website, any service on this website, or any of the QS Content for any illegal purpose or in any manner whatsoever inconsistent with or contrary to the TOS. Absent a prior express written consent from QS, you hereby agree not to: (i) license, sublicense, sell, resell, transfer, convey, hypothecate or in any other way distribute or disseminate any of the QS Content to any third party; (ii) decompile, disassemble or in any other way reverse-engineer any of the QS Content or any source code, proprietary technology or know-how (collectively, the "QS IP") used in producing, developing or otherwise generating the QS Content; and (iii) allow any other person or entity to have access to or in any way use any of the QS Content in your possession or to which QS has granted you access, including without limitation by sharing with any such other person or entity any location, username or password you receive from QS for accessing any of the QS Content.
3. Intellectual property
You hereby acknowledge and agree that you acquire absolutely no right, title or interest in or to the QS Content or the QS IP (which QS owns and retains all rights, title and interest in and to), or any copyrights, trademarks, service marks, trade names, logos or any other part of the QS Content.
4. Limited license
You hereby acknowledge and agree that you acquire absolutely no license to the QS Content or the QS IP, or any copyrights, trademarks, service marks, trade names, logos or any other part of the QS Content, other than the limited license hereby granted to you by QS to use the QS Content according to and in strict compliance with the TOS.
5. No warranty
You hereby acknowledge and agree that QS makes no implied or express warranties or any other representations whatsoever, including without limitation implied warranties of merchantability and fitness for a particular purpose, in connection with or with regard to this website, any service on this website, or any of the QS Content.
6. No liability
You hereby agree to use the QS Content solely at your own risk and you shall have no claims whatsoever against QS or QS Affiliates and QS and QS Affiliates shall have no liability whatsoever to you or any third party whatsoever for any loss, expense, opportunity cost, damages or any other adverse effects whatsoever relating to or arising from the use of the QS Content by you including without any limitation whatsoever: any direct, indirect, incidental, special, consequential or any other damages incurred by you, however caused and under any theory of liability; any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data suffered, cost of procurement of substitute goods or services, or any other tangible or intangible loss; any reliance placed by you on the completeness, accuracy or existence of the QS Content or any other effect of using the QS Content; and any and all other adversities or negative effects you might encounter in using the QS Content irrespective of whether QS or QS Affiliates is or are or should have been aware of such adversities or negative effects.
7. No refunds or exchanges
No refunds or exchanges shall be made in connection with any purchases or payments made by you for the QS Content. All sales are final. You shall pay all applicable state and local sales taxes relating to your purchase of any of the QS Content.
8. Linking, framing and embedding
You may not link to, frame or embed this website (http://www.quantigic.com
), any webpage contained therein or any of the QS Content without prior express written consent of QS, except that, and without limiting any other provisions contained in the TOS, you may link to this website and any webpage contained therein which does not restrict access or require password protected login. Notwithstanding the foregoing, you may not link to this website or any webpage contained therein (from) any other website or webpage containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights or federal, state or local laws. Notwithstanding the forgoing, you may not link to any webpage on this website containing any of the QS Content you purchase through this website without prior express written consent of QS.
9. No crawling or scraping
You may not access or attempt to access this website (http://www.quantigic.com
), any webpage contained therein or any of the QS Content without prior express written consent of QS by any means other than through the interfaces provided by QS. Without limiting the forgoing, you specifically agree not to access or attempt to access this website, any webpage contained therein or any of the QS Content through any crawlers, scrapers, robots or any other scripts, computer programs or any other automated means, except, and without limiting any other provisions contained in the TOS, you may automate downloads of the QS Content you purchase through this website. Notwithstanding the forgoing, you may not engage in any activity (including without limitation indiscriminate automated downloads of the QS Content you purchase through this website) that interferes with or disrupts this website, any service on this website, or any of the QS Content.
You agree to pay any and all costs, damages, and expenses incurred by QS and QS Affiliates and, at your own expense, to indemnify, defend and hold harmless QS and QS Affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including without limitation reasonable attorneys', accountants' and experts' fees incurred in defense of any demands, claims, arbitrations or lawsuits whether judicial, administrative, investigative or otherwise) arising out of or in connection with (i) your access, link to, or use of this website or any service on this website, (ii) your use of the QS Content, or (iii) your acts or omissions that constitute fraud, negligence, willful misconduct or breach of the TOS.
11. Governing law
The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with your use of our website or the QS Content, or from a dispute as to the interpretation or breach of the TOS.
12. Compliance with law
You hereby acknowledge and agree that QS does not represent that any materials in the QS Content are appropriate or available for use in any particular location. Those who choose to access the QS Content so do on their own initiative and are responsible for compliance with all applicable laws, including without limitation the United States Export Control and Foreign Assets Control Regulations.
The section titles in the TOS are used solely for descriptive purposes and have no legal or contractual significance.
Except as otherwise specified herein, the invalidity or unenforceability of any term or terms of the TOS shall not invalidate, make unenforceable or otherwise affect any other term of the TOS, which shall remain in full force and effect.
15. Entire agreement
The TOS constitute the entire agreement between you and QS with respect to the subject matter hereof and govern all aspects of your use of this website.
Sections 2 through 16 of the TOS shall survive any termination of the TOS.
Both you and QS may terminate the TOS without prior notice, with or without cause, and at any time. Upon termination of the TOS by you or QS, you must discontinue accessing, linking to or using this website, or any service on this website, and promptly destroy or delete, whichever applicable, any and all materials obtained therefrom together with any and all of the QS Content in your possession.
DISCLAIMER: NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES OR IS (OR IS INTENDED TO BE OR TO BE CONSTRUED AS) A TRADING, INVESTMENT OR ANY OTHER FINANCIAL, LEGAL, TAX, ACCOUNTING, OR ANY OTHER TYPE OF ADVICE, OR SOLICITATION, OFFER, OPINION OR RECOMMENDATION BY QUANTIGIC® SOLUTIONS LLC TO BUY OR SELL ANY SECURITY WHATSOEVER.
Contacting us regarding the TOS
Changes to the TOS
We reserve the right to modify the TOS at any time by posting revisions on this webpage and updating the TOS modification date below. Such modifications will be effective upon posting. Therefore, please continue to review the TOS whenever accessing, linking to, or using this website, any service on this website, or any of the QS Content. Your access, link to, or use of this website, any service on this website, or any of the QS Content after the posting of modifications to the TOS will constitute your acceptance of the TOS, as modified.
This TOS was last modified on June 25, 2019.