Terms of Service
Please read these Terms of Service carefully. By accessing, browsing, or using this website (or “Site”), you agree to be bound by these terms and all terms they incorporate by reference, along with any and all applicable laws and regulations. If you do not agree to all of these terms, do not use this website.
Quantum Group reserves the right to revise these terms and conditions, or any applicable policy, at any time and at our sole discretion. Modifications will be effective immediately upon posting revisions to this Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Site will confirm that you accept any modifications; therefore, you should frequently review these terms and conditions and related policies to understand how they apply to your use of this website. If you do not agree to the amended terms, please stop using the Site.
Introduction and Scope
These terms and conditions apply to your access to, and use of, all or part of any website of Quantum Group or its subsidiaries and affiliated companies (collectively, “Quantum Group”).
Intellectual Property Rights
Unless otherwise noted, this website and all related materials are intellectual property owned, controlled or licensed by Quantum Group. These include trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads, and written and other materials that appear as part of the Site (collectively, “Content”). You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works involving the website or any of its Content. Nothing on this website is to be construed as granting, whether by implication, estoppel or otherwise, any license or right to use intellectual property displayed on the website without the prior written permission of Quantum Group. Any rights not expressly granted in this document are reserved by Quantum Group or our third-party providers.
Acceptable Uses of this Site
What is allowed. Unless otherwise specified, this website is for your personal and non-commercial use. Except where expressly stated restrictions or limitations apply, you may display, copy, download and print portions of material from different areas of the website for your own non-commercial use only, provided you also retain all copyright and other proprietary notices contained on the materials.
What is prohibited. No rights or licenses to the material or any portion of this Site are granted, whether explicitly or by implication, and you may not modify, reproduce, distribute, republish, repost, display or transmit any Content for public or commercial purposes without the prior written permission of Quantum Group. In using this Site, you must not:
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (e) otherwise prohibited by applicable law.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive, or intended to damage or hijack the operation of, or to monitor the use of any hardware, software or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Quantum Group’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Site, except to the extent such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Quantum Group’s express prior written consent.
- Systematically download and store Site Content.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site Content, or reproduce or circumvent the navigational structure or presentation of the Site without Quantum Group’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, Quantum Group grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Quantum Group reserves the right to revoke such permission either generally or in specific cases at any time and without notice.
- Engage in spamming, phishing (email fraud), pharming (web traffic redirection fraud).
- Upload or transmit viruses or any type of malicious code that will or may be used in any way to affect the functionality of this Site.
You shall be solely liable for any harm that results from your unauthorized use of this website including damages from infringing upon any intellectual property or proprietary right.
Links to Other Websites and Services
Third-party sites. Our website may provide links to third-party websites, organizations or resources. Some of these links may contain financial or investment information about Quantum Group or about our products or services. Quantum Group provides third-party links for your convenience only and is not responsible for the content of any third-party websites linked to or from this website. Links from this website to any third-party website do not mean we approve, endorse or recommend that site. Quantum Group disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any such third-party website. If you decide to access a third-party website, you acknowledge that you do so entirely at your own risk.
Comments, Feedback and other Submissions
Expectations. Quantum Group welcomes your comments, feedback and other submissions through the website. We do not, however, accept confidential or proprietary information. Accordingly, you represent and warrant that all comments, feedback, suggestions, creative materials, information, ideas, notes, drawings, concepts, inventions or other submissions (collectively, “data”) that you disclose, submit or make available to Quantum Group using the Site are accurate and not confidential, and that by making them available, you are not violating any contractual restrictions or other third-party rights.
Unacceptable data. You agree that you will not provide us with any data that could allow an individual person to be identified unless there is a field that requires it. You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable content. Quantum Group reserves the right to remove or edit user-generated content from time to time, but we do not control or direct users’ actions on the website and will not be responsible for user-generated content.
No warranties. This website, along with all related Content, information, services and products, is provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation:
- Warranties of title or implied warranties of merchantability or fitness for a particular purpose
- Non-infringement warranties
- Warranties against viruses or other harmful components, whether on the Site, the equipment used to access it or the services that host it
- Warranties arising from course of dealing or course of performance
Furthermore, Quantum Group makes no warranties or representations that:
- The website will meet your requirements
- Access to the website will be uninterrupted, timely, secure or error-free
- The results you may obtain from using the website will be accurate, complete or reliable
- The quality of any products, services, information, or other material you purchase or acquire by using the website will meet your expectations
- Any errors on the website will be corrected
No liability. Quantum Group assumes no liability or responsibility for errors, mistakes or omissions in the Content, nor do we assume liability for personal injury or property damage of any kind arising from the use of or inability to use the Site.
User responsibility. By using the Site, you acknowledge that you use it at your sole risk, that you assume full responsibility for all costs associated with any servicing or repairs of any equipment you use in connection with the Site, and that Quantum Group will not be liable for any damages of any kind related to your use of the Site.
Possible exceptions. Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to you.
Limitation of Liability
Damages. In no event will Quantum Group be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability, tort or other theory, including but not limited to damages from loss of profits, use, data or other intangibles, even if we have been advised of such damages. In particular, and without limitation, Quantum Group will not be liable for any damages resulting from the use of or the inability to use the Site or from any Content posted on the Site by Quantum Group or anyone else. Quantum Group does not represent or endorse the accuracy or reliability of any user-generated content displayed, uploaded, posted on any message board, or otherwise distributed through the website and will not be liable for any damages resulting from user-generated content. However, nothing in this paragraph will be interpreted to affect the individual product warranties that are standard for Quantum Group products.
User responsibility. Your sole remedy for dissatisfaction with the Site or its Content is to stop using it. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you. You agree to use this website at your sole risk and that only you will be responsible for any damage to your computer system or loss of data that results from accessing, browsing or otherwise using the Site, or from downloading or using any materials, data, text or images from it.
To the fullest extent permitted by law, you agree to defend and indemnify Quantum Group and our affiliates, along with their officers, directors, shareholders, agents, employees and successors, and to hold them harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to:
- A violation by you or your agents of these terms and conditions
- Your infringement of any third-party right, including but not limited to any intellectual property or proprietary right
- Your use of the Site
- Any other person accessing or using the Site through your Internet account
- Any other person accessing or using the Site on your behalf or acting as your agent
Jurisdiction. Your use of the Site will be governed in all respects by the laws of the State of Ohio, USA, without regard to choice of law provisions. You consent and submit to the sole and exclusive jurisdiction and venue of the courts located in the State of Ohio, USA, in any legal proceeding directly or indirectly connected to the Site. By using this Site, you consent to:
- Receive service of process in accordance with the rules of such courts
- Irrevocably submit to the jurisdiction of such courts
- Waive any objection that you may have to either the jurisdiction or venue of such courts
- Irrevocably waive the right to trial by jury
Claims and constraints. Quantum Group’s failure to insist upon or strictly enforce any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practice will act to modify any of these terms and conditions. Quantum Group may assign its rights and duties under these terms and conditions to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action connected to use of the Site must be filed within one year after it arose or be forever barred. Notwithstanding the above, you agree that, in any jurisdiction, Quantum Group will be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief.
Prohibited access. Quantum Group makes no representation that materials in the Site are appropriate or available for use in countries outside the United States, and we prohibit access from territories where the Content is illegal. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for complying with local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials will be governed by the laws of the State of Ohio.
Legal costs. In any action against Quantum Group arising from use of the Site, the prevailing party will be entitled to recover all legal fees and expenses incurred in connection with the action, including but not limited to reasonable attorney’s fees and costs.
Ability to Agree to Terms and Conditions
Age of user. This Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 17, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions. If you are age 18 or over, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms and Conditions.
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