Following are the terms and conditions or "Terms" that govern the
use of this Quantum First Automation Inc (as defined below) website (the
"Site"). By using or visiting the Site, you expressly agree to be
bound by these Terms and all applicable laws and regulations governing the
Site. Quantum First Automation Inc., its subsidiaries and/or affiliates
("Quantum First Automation Inc") reserve the right to change these
Terms at any time, effective immediately upon posting on the Site. If you
violate these Terms, Quantum may terminate your use of the Site, bar you from
future use of the Site, and/or take appropriate legal action against you.
Quantum may make available via the Site content, including (but not limited to)
information, articles, videos, comments, reviews and other texts, photos,
pictures and other images, software, or applications (together referred to as
“Content”). You agree that Quantum, Quantum’s affiliated entities and/or
licensors own all Content made available through the Site. Such Content
is subject to U.S and international copyright, trademark or other intellectual
property rights and laws.
If you have comments, questions or requests please write to sales@qfautomation.com.
Permitted Use
You agree that you are only authorized to visit and view pages of this Site
for your own personal use and that you shall not duplicate, publish, modify or
otherwise distribute the material on this Site for any purpose other than as
set forth herein. You may only use the Site as permitted by law, including
applicable export and re-export laws and regulations. The software on
this Site and any Content posted by Quantum on the Site is the property of
Quantum and/or its suppliers and is protected by U.S. and international
copyright laws. You agree that you will not remove, obscure or alter any legal
notices displayed on the Site. You agree that you will not use the Site
(i) in connection with or to promote any products, services, or materials, (ii)
in any manner or for any purpose that violates any law or regulation, any right
of any person, including but not limited to intellectual property rights,
rights of privacy, or rights of personality, or (iii) to post any information
that disparages or defames any person or entity.
Links & Search Results
By using the Site to search for or link to another site, you agree and understand
that you may not make any claim against Quantum for any damages or losses,
whatsoever, resulting from your use of the Site to obtain search results or to
link to another site.
Access & Interference
You agree that you will not use any robot, spider, another automatic device,
or manual process to monitor or copy our Site or the Content contained thereon,
to access or capture data, or for any other unauthorized purpose without our
prior express written permission of Quantum. You agree that you will not use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure.
The Content is protected by copyright laws as well as international copyright
treaties as well as other laws and conventions related to intellectual
property. You agree that you will observe such laws and in particular,
shall not modify, conceal or remove any alphanumeric code, marks or copyright
notices neither from the Content, the software or documentation, or any copies
thereof.
Accounts
Certain functionality on this Site may require the use of a Quantum
Account. You or your employer (“Customer”) may create your own Quantum
Account or one may be assigned to you by Quantum. Customer is solely
responsible for maintaining the security of the IDs and passwords, for ensuring
that none are made available for any purpose to anyone other than Customer's
employees, and for ensuring that employees do not share their specifically
assigned IDs or passwords with anyone at all, or share a floating ID and
password with anyone other than the Customer’s employees. If Customer wishes to
revoke an access ID and password, which it may do at any time and must do
immediately in the event of the termination of any employee using one, Customer
will notify Quantum of such revocation. Quantum will invalidate the ID and
password and, if requested by the Customer, may provide replacements. If you suspect
that someone else knows or has changed your password, please reset it so no one
else can sign in to your account.
Unauthorized Use Of The Site
Illegal and/or unauthorized uses of the Site, including, but not limited to
unauthorized framing of or linking to the Site, or unauthorized use of any
robot, spider or another automated device on the site, will be investigated and
appropriate legal action will be taken, including without limitation civil,
criminal and injunctive redress. You agree that you will comply with any
security processes and procedures (such as passwords) specified by Quantum with
respect to access to or use of the Site. Further, you agree not to access or
attempt to access any areas of or through a Site that are not intended for general
public access, unless you have been provided with written authorization to do
so by Quantum.
Compliance with Laws
You agree that you will only use the Site only for lawful purposes. You will
not transmit, post, store, distribute, display or present any information,
software, data, file or material in violation of any applicable law or
regulation. You will not use the Site to facilitate, or otherwise assist others
in, the violation of any law or regulation. You are solely responsible
for ensuring that materials transmitted, posted, stored, distributed, displayed
or presented using the Site comply with this Agreement and all applicable laws
and regulations.
- You may not use the Site or the services to violate any law, statute,
ordinance or regulation including export, intellectual property and privacy
laws.
- the United States export control laws govern your use of this Site and
services. These laws apply to you and your use of this Site and services
regardless of whether you actually reside in the United States.
Additional information about United States export laws is available from the
United States government’s portal to exporting and trade services at http://www.export.gov/.
- We do not represent that Content on the Site is applicable, appropriate,
or available for use in locations outside the United States. Persons who choose
to access the Site from locations outside of the United States do so on their
own initiative, and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
- You understand that your design(s) on the Site (to the extent that you
upload any designs) may be subject to export, re-export, or other restrictions
under the laws of the country of original design and the country in which you
reside. Therefore, you agree to abide by all applicable laws and
regulations relating to the export and re-export of such design(s). In
particular:
1. You understand that, if designing ITAR controlled items, you agree to
comply with 22 CFR 122 U.S. International Traffic in Arms Regulation
(“ITAR”). You understand that any export or re-export of any ITAR
controlled item or technology requires authorization from the U.S. Department
of State Directorate of Defense Trade Controls (DDTC).
2. You understand that design(s) of U.S. origin items, and foreign
manufactured products that incorporate U.S.-origin content are subject to the
U.S. Export Administration Regulations (“EAR”). In the event of export of
your design(s), you will obtain all required permissions (i.e., export
licenses, permits, etc., as applicable) from the U.S. government and any other
applicable government.
3. You certify that, except as authorized under applicable laws and
regulations, your design(s) will not be used, sold, re-exported or incorporated
into products used directly or indirectly in the design, development,
production, stockpiling, or use of chemical or biological weapons, nuclear
programs, missiles, and maritime nuclear propulsion projects.
4. You certify that, except as authorized under applicable laws and
regulations, your design(s) will not be used, sold, re-exported or incorporated
into products for use by military, police or intelligence entities, for any
space applications, or for use in foreign vessels or aircraft.
5. You certify that your design(s) on the Site will not be used directly or
indirectly, sold, re-exported or incorporated into products for the benefit of
persons or entities named on any United States denied or restricted party list,
including the Entity List at Part 744 of the Export Administration Regulations,
persons designated by the U.S. government as Specially Designated Global
Terrorists (SDGTs), Specially Designated Terrorists (SDTs), Foreign Terrorist Organizations
(FTOs) on the Specially Designated National (SDN) list; or other applicable
government denied or restricted party list.
6. You certify that your design(s) on the Site will not be exported or
re-exported directly or indirectly, or diverted to any country in violation of
any United Nations, United States, European Union or any other applicable
embargo.
7. If you are an employee, agent or contractor of, or otherwise affiliated
with a non-U.S. government, you certify that you understand and agree to comply
with all applicable restrictions as defined in the U.S. EAR, ITAR and OFAC
sanctions and embargoes, and any other applicable local and foreign law and or
regulation.
8. You certify that, if you are unable to fulfill the above certifications,
or if any of the information provided by you in this Service agreement shall
change at any time, you will advise Quantum of the changes in writing before
further using the Site.
User Content
The Site may allow you to create or otherwise submit information, data, text,
messages, or other materials ("User Content"). You may not place or
send any User Content or information over this system that violates any law or
infringes on the rights of any third party. In those instances where you
store information that is intended to be used only by you (or someone
representing you) and/or Quantum, Quantum claims no ownership or control over
any User Content submitted, posted or displayed by you on or through the Site.
You or a third party licensor, as appropriate, retain all patent,
trademark and copyright rights to any User Content you submit, post or display
on or through the Site and you are responsible for protecting those rights, as
appropriate. When you enter, upload or otherwise submit User Content to
the Site that is intended to be available to members of the public or others
you have chosen to share it with, you give Quantum a worldwide license to use,
host, store, reproduce, modify, communicate and distribute such User Content as
intended. This license continues even if you stop using our Site
(for example, User Content posted for a forum). Quantum reserves the
right to delete or eliminate any User Content you provide that it deems
improper or inappropriate. You represent and warrant you have
the necessary rights to grant Quantum this license for all User Content
submitted to the Site.
Blog and Forum Content
In the event that Quantum or any Quantum employee or agent is involved in
creating, producing or delivering an article or any materials contained
therein, neither, Quantum, Quantum’s employee nor the agent shall be liable for
any direct, indirect, incidental, special, consequential or punitive damages
arising out of the use of this article. In the event that you
participate in any blog or forum, you assume any liability or responsibility
for the accuracy, completeness, or usefulness of any information
provided. You will also include a disclaimer that states that it is your
opinion and not the opinion of Quantum. You agree to fully indemnify and
defend Quantum, its employees, directors, or agents for any claims that may
arise of the content you provide in any blog.
Violation of the Terms
You understand and agree that in Quantum's sole discretion, and without
prior notice, Quantum may terminate your access to the Site, or exercise any
other remedy available if Quantum believes that your use is (i) inconsistent
with these Terms or (ii) has violated the rights of Quantum, another user or
the law. You agree that monetary damages may not provide a sufficient remedy to
Quantum for violations of these terms and conditions and you consent to
injunctive or other equitable relief for such violations. Quantum may release
user information about you if required by law or subpoena, or if the
information is necessary or appropriate to release to address an unlawful or
harmful activity.
Copyright
Unless otherwise specified, the copyrights in all copyrightable subject
matter on the Site are either owned by Quantum or used lawfully by Quantum. To
the extent that Quantum has the right to do so without compensation to third
parties, and except for materials or information specifically provided under
other terms, Quantum grants you permission to copy or otherwise download from
the Site, information and materials (including related graphics), provided:
- The materials are for your internal use only, and
- Any copies of materials or portions thereof must include the copyright
notice specified on the Site.
You may not copy or display for redistribution to third parties any portion
of the Site without the prior written permission of Quantum. Documents posted
by Quantum on the Site may contain other proprietary notices or describe
products, services, processes or technologies owned by Quantum or third
parties. Nothing contained herein shall be construed by implication, estoppel
or otherwise as granting to the user a license under any copyright, trademark,
patent or another intellectual property right of Quantum or any third party.
Trademark
The Quantum name and logo and all related product and service names, design
marks and slogans are trademarks, service marks or registered trademarks of
Quantum and may not be used in any manner without the prior written consent of
Quantum. Other products and service marks are trademarks of their respective
owners.
Limitation Of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE
INTERNET GENERALLY. IN NO EVENT SHALL QUANTUM BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING
BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF
ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER
TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITE
QUANTUM MAKES NO WARRANTY AS TO THE ACCURACY, OR COMPLETENESS OR WHETHER THE
CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION
BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO
THE CONTENT HEREIN.
Warranty Disclaimer
QUANTUM DOES NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDER
WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS
FROM USE OF THE SITE OR ANY CONTENT, FUNCTIONALITY OR LINK ON IT. ACCESS TO THE
SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ADVICE OR INFORMATION GIVEN BY Quantum, ITS AFFILIATES OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER Quantum NOR ITS AFFILIATES WARRANT
THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT
INTERRUPTION OR ERROR-FREE.
Disputes
If there is any dispute about or involving the Site, by using the Site, you
agree that the dispute will be governed by the laws of the State of New York
without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the State of
Colorado, Arapahoe County.
Indemnity
You agree to indemnify and hold Quantum, its officers, agents and other
partners and employees, harmless from any loss, liability, claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Site, including also your use of the Site to provide a
link to another site or to upload Content or other information to the Site.
Digital Millennium Copyright Act – Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, all claims of copyright
infringement for material that is believed to be residing on Quantum's system
or network, should be promptly sent in the form of written communication to
Quantum's Designated Agent:
Law Department
Quantum First Automation Inc.
6691 Edwards Blvd, Mississauga, ON L5T 2H8, Ontario, Canada
Phone: 1-905-625-3500 Fax: 1-905-625-3500
Email: sales@qfautomation.com
All claims must include the following information:
- A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
- Information reasonably sufficient to permit the service provider to
contact the Complaining Party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party may be
contacted;
- A statement that the Complaining Party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and
under penalty of perjury, that the Complaining Party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Linking Policy Statement
User Policy – Outbound Linking Policy Statement
Any link (including hyperlinks, buttons or referral devices of any kind)
used on this or any other Quantum web page is provided for the use and
convenience of the visitor. The appearance of a link on this or any other
Quantum web page does not constitute an endorsement, recommendation or
certification by Quantum, nor should the presence of a link in any way be
construed as a suggestion that the site has any relationship with Quantum.
User Policy
- Inbound Linking Policy Statement
Quantum generally does not object to links to Quantum websites from
third-party sites. However, there are certain conditions that must be followed:
- Unless we enter into a specific written agreement with you, you may not
use any of Quantum's names, logos, designs, slogans, product trademarks or
service marks in or with your links, except that you may link to a Quantum site
using the plain text name of that site or the plain text name of Quantum.
- Do not present the link to Quantum's site in any way that suggests Quantum
has any relationship or affiliation with your site or endorses, sponsors or
recommends the information, products or services on your site. Do not use any
of Quantum's names, logos, designs, slogans, product trademarks or service
marks in any advertising, publicity, promotion, or in any other commercial
manner without the prior express written permission for a particular use from
Quantum.
- Link only to the home page/first page/registration page of this site and
do not incorporate any Content from this site into your site (e.g., by
in-lining or framing).
- Do not use any of Quantum's names, logos, designs, slogans, product
trademark or service marks, or any other words or codes identifying Quantum's
Web sites in any "meta tag" or other information used by search
engines or other information location tools to identify and select sites,
without Quantum's express written permission for a particular use.