Terms of Service

Last Updated: January 3, 2019

Welcome to the Quantapore Inc. (“Quantapore”) website located at www.quantapore.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site and any services accessible via our Site (collectively called the “Services”).

    1. Agreement to Terms. You should not access or use this Site until you have carefully read and agreed to these terms and conditions of use (the “Terms”). By using this Site, you agree to these Terms. If you do not agree to these Terms, you may not further access or use the Site.
    2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
    3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we will either post the updated Terms on the Site or communicate the changes via other means. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted or communicated updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
    4. Minors: By using this Site, or submitting information through this Site, you represent that you are at least 18 years of age. If you are not at least 18 years of age, you may not use this Site without the express consent of an adult.
    5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@quantapore.com or contacting us through our Contact Us web page.
    6. Content. The Site, including all its contents, such as text, images, audio, and the HTML used to generate the pages, (“Content”), are the property of Quantapore or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Quantapore. Quantapore hereby grants you a personal, non-exclusive, non-transferable license to access the Site, and to use the information and services available on the Site solely for personal, internal and non-commercial purposes. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site. As between you and Quantapore (or other company whose marks appear on the Site), Quantapore (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the Quantapore logos and service names are trademarks of Quantapore (the “Quantapore Marks”). Without Quantapore’s prior permission, you agree not to display or use Quantapore Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Quantapore Mark without the prior written consent of Quantapore. Quantapore Marks may be registered in the United States and internationally.
    7. Confidentiality: In the course of your use of the Site, its Contact Us page, Quantapore’s info@quantapore.com email address, Quantapore’s jobs@quantapore.com email address, or other means of contacting us, you may provide certain information (Information) and/or provide Feedback to us. Quantapore’s use of any Information or Feedback you provide via the Site shall be governed by these Terms and our Privacy Policy. For information you provide, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Information or Feedback for Quantapore’s purposes.Do not provide any information that you consider to be proprietary or a trade secret, or which you desire to be treated as confidential. Quantapore does not agree to any obligation of confidentiality, non-use or non-disclosure with respect to information submitted to Quantapore. By submitting information or materials to Quantapore, you understand, acknowledge and agree that such information and/or materials will not be treated as confidential or proprietary. Quantapore undertakes no obligation to review information submitted by you, or to return such information to you.
    8. General Prohibitions and Quantapore’s Enforcement Rights.
      1. Use, display, mirror or frame the Services or any individual element within the Services, Quantapore’s name, any Quantapore trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Quantapore’s express written consent;
      2. Access, tamper with, or use non-public areas of the Services, Quantapore’s computer systems, or the technical delivery systems of Quantapore’s providers;
      3. Attempt to probe, scan or test the vulnerability of any Quantapore system or network or breach any security or authentication measures;
      4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Quantapore or any of Quantapore’s providers or any other third party (including another user) to protect the Services or Content;
      5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Quantapore or other generally available third-party web browsers;
      6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
      7. Use any meta tags or other hidden text or metadata utilizing a Quantapore trademark, logo URL or product name without Quantapore’s express written consent;
      8. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
      9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
      10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
      11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
      12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
      13. Impersonate or misrepresent your affiliation with any person or entity;
      14. Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol
      15. Post or submit any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (iii) material that infringes on any other intellectual property, privacy or publicity right of another, or
      16. Encourage or enable any other individual to do any of the foregoing.We have the right to monitor access to or use of the Services or Content and/or to review or edit any Content for the purpose of operating the Services to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
    9. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
    10. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 5, 6, 7 8, 9, 10, 11, 12, 13.
    11. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
    12. Limitation of Liability.
      1. NEITHER QUANTAPORE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUANTAPORE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
      2. IN NO EVENT WILL QUANTAPORE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
      3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUANTAPORE AND YOU.
    13. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes will be the state and federal courts located in the Northern District of California, and you and Quantapore each waive any objection to jurisdiction and venue in such courts.
    14. General Terms.
      1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Quantapore and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Quantapore and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Quantapore’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Quantapore may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
      2. Notices. Any notices or other communications provided by Quantapore under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
      3. Waiver of Rights. Quantapore’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Quantapore. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    15. Contact Information. If you have any questions about these Terms or the Services, please contact Quantapore at info@Quantapore.com.