Quantum First Automation Inc. Terms and Conditions

    Terms of Use

    Following are the terms and conditions or "Terms" that govern theuse of this Quantum First Automation Inc (as defined below) website (the"Site"). By using or visiting the Site, you expressly agree to bebound by these Terms and all applicable laws and regulations governing theSite. Quantum First Automation Inc., its subsidiaries and/or affiliates("Quantum First Automation Inc") reserve the right to change theseTerms at any time, effective immediately upon posting on the Site. If youviolate these Terms, Quantum may terminate your use of the Site, bar you fromfuture 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/orlicensors own all Content made available through the Site.  Such Contentis subject to U.S and international copyright, trademark or other intellectualproperty 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 Sitefor your own personal use and that you shall not duplicate, publish, modify orotherwise distribute the material on this Site for any purpose other than asset forth herein. You may only use the Site as permitted by law, includingapplicable export and re-export laws and regulations.  The software onthis Site and any Content posted by Quantum on the Site is the property ofQuantum and/or its suppliers and is protected by U.S. and internationalcopyright laws. You agree that you will not remove, obscure or alter any legalnotices 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 rightof any person, including but not limited to intellectual property rights,rights of privacy, or rights of personality, or (iii) to post any informationthat 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 understandthat 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 tolink 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 ourprior express written permission of Quantum. You agree that you will not useany device, software or routine to interfere or attempt to interfere with theproper working of the Site. You agree that you will not take any action thatimposes an unreasonable or disproportionately large load on our infrastructure.The Content is protected by copyright laws as well as international copyrighttreaties as well as other laws and conventions related to intellectualproperty.  You agree that you will observe such laws and in particular,shall not modify, conceal or remove any alphanumeric code, marks or copyrightnotices neither from the Content, the software or documentation, or any copiesthereof.

    Accounts

    Certain functionality on this Site may require the use of a QuantumAccount.  You or your employer (“Customer”) may create your own QuantumAccount or one may be assigned to you by Quantum. Customer is solelyresponsible for maintaining the security of the IDs and passwords, for ensuringthat none are made available for any purpose to anyone other than Customer'semployees, and for ensuring that employees do not share their specificallyassigned IDs or passwords with anyone at all, or share a floating ID andpassword with anyone other than the Customer’s employees. If Customer wishes torevoke an access ID and password, which it may do at any time and must doimmediately in the event of the termination of any employee using one, Customerwill notify Quantum of such revocation. Quantum will invalidate the ID andpassword and, if requested by the Customer, may provide replacements. If you suspectthat someone else knows or has changed your password, please reset it so no oneelse can sign in to your account.

    Unauthorized Use Of The Site

    Illegal and/or unauthorized uses of the Site, including, but not limited tounauthorized framing of or linking to the Site, or unauthorized use of anyrobot, spider or another automated device on the site, will be investigated andappropriate legal action will be taken, including without limitation civil,criminal and injunctive redress. You agree that you will comply with anysecurity processes and procedures (such as passwords) specified by Quantum withrespect to access to or use of the Site. Further, you agree not to access orattempt to access any areas of or through a Site that are not intended for generalpublic access, unless you have been provided with written authorization to doso by Quantum.

    Compliance with Laws

    You agree that you will only use the Site only for lawful purposes. You willnot transmit, post, store, distribute, display or present any information,software, data, file or material in violation of any applicable law orregulation. You will not use the Site to facilitate, or otherwise assist othersin, the violation of any law or regulation.  You are solely responsiblefor ensuring that materials transmitted, posted, stored, distributed, displayedor presented using the Site comply with this Agreement and all applicable lawsand regulations.

    - You may not use the Site or the services to violate any law, statute,ordinance or regulation including export, intellectual property and privacylaws.

    - the United States export control laws govern your use of this Site andservices. These laws apply to you and your use of this Site and servicesregardless of whether you actually reside in the United States. Additional information about United States export laws is available from theUnited States government’s portal to exporting and trade services at Visit Export.gov for trade information and resources.

    - We do not represent that Content on the Site is applicable, appropriate,or available for use in locations outside the United States. Persons who chooseto access the Site from locations outside of the United States do so on theirown initiative, and are solely responsible for compliance with local laws, ifand to the extent local laws are applicable.

    - You understand that your design(s) on the Site (to the extent that youupload any designs) may be subject to export, re-export, or other restrictionsunder the laws of the country of original design and the country in which youreside.  Therefore, you agree to abide by all applicable laws andregulations relating to the export and re-export of such design(s).  Inparticular:

     

    1. You understand that, if designing ITAR controlled items, you agree tocomply with 22 CFR 122 U.S. International Traffic in Arms Regulation(“ITAR”).  You understand that any export or re-export of any ITARcontrolled item or technology requires authorization from the U.S. Departmentof State Directorate of Defense Trade Controls (DDTC).

    2. You understand that design(s) of U.S. origin items, and foreignmanufactured products that incorporate U.S.-origin content are subject to theU.S. Export Administration Regulations (“EAR”).  In the event of export ofyour design(s), you will obtain all required permissions (i.e., exportlicenses, permits, etc., as applicable) from the U.S. government and any otherapplicable government. 

    3. You certify that, except as authorized under applicable laws andregulations, your design(s) will not be used, sold, re-exported or incorporatedinto products used directly or indirectly in the design, development,production, stockpiling, or use of chemical or biological weapons, nuclearprograms, missiles, and maritime nuclear propulsion projects.

    4. You certify that, except as authorized under applicable laws andregulations, your design(s) will not be used, sold, re-exported or incorporatedinto products for use by military, police or intelligence entities, for anyspace applications, or for use in foreign vessels or aircraft.

    5. You certify that your design(s) on the Site will not be used directly orindirectly, sold, re-exported or incorporated into products for the benefit ofpersons 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 GlobalTerrorists (SDGTs), Specially Designated Terrorists (SDTs), Foreign Terrorist Organizations(FTOs) on the Specially Designated National (SDN) list; or other applicablegovernment denied or restricted party list.

    6. You certify that your design(s) on the Site will not be exported orre-exported directly or indirectly, or diverted to any country in violation ofany United Nations, United States, European Union or any other applicableembargo.

    7. If you are an employee, agent or contractor of, or otherwise affiliatedwith a non-U.S. government, you certify that you understand and agree to complywith all applicable restrictions as defined in the U.S. EAR, ITAR and OFACsanctions and embargoes, and any other applicable local and foreign law and orregulation.

    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 shallchange at any time, you will advise Quantum of the changes in writing beforefurther 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 orsend any User Content or information over this system that violates any law orinfringes on the rights of any third party.  In those instances where youstore information that is intended to be used only by you (or someonerepresenting you) and/or Quantum, Quantum claims no ownership or control overany 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 displayon or through the Site and you are responsible for protecting those rights, asappropriate.   When you enter, upload or otherwise submit User Content tothe Site that is intended to be available to members of the public or othersyou have chosen to share it with, you give Quantum a worldwide license to use,host, store, reproduce, modify, communicate and distribute such User Content asintended.    This license continues even if you stop using our Site(for example, User Content posted for a forum).  Quantum reserves theright to delete or eliminate any User Content you provide that it deemsimproper or inappropriate.    You represent and warrant you havethe necessary rights to grant Quantum this license for all User Contentsubmitted to the Site.

    Blog and Forum Content

    In the event that Quantum or any Quantum employee or agent is involved increating, producing or delivering an article or any materials containedtherein, neither, Quantum, Quantum’s employee nor the agent shall be liable forany direct, indirect, incidental, special, consequential or punitive damagesarising out of the use of this article.   In the event that youparticipate in any blog or forum, you assume any liability or responsibilityfor the accuracy, completeness, or usefulness of any informationprovided.  You will also include a disclaimer that states that it is youropinion and not the opinion of Quantum.  You agree to fully indemnify anddefend Quantum, its employees, directors, or agents for any claims that mayarise of the content you provide in any blog.

    Violation of the Terms

    You understand and agree that in Quantum's sole discretion, and withoutprior notice, Quantum may terminate your access to the Site, or exercise anyother remedy available if Quantum believes that your use is (i) inconsistentwith these Terms or (ii) has violated the rights of Quantum, another user orthe law. You agree that monetary damages may not provide a sufficient remedy toQuantum for violations of these terms and conditions and you consent toinjunctive or other equitable relief for such violations. Quantum may releaseuser information about you if required by law or subpoena, or if theinformation is necessary or appropriate to release to address an unlawful orharmful activity.

    Copyright

    Unless otherwise specified, the copyrights in all copyrightable subjectmatter on the Site are either owned by Quantum or used lawfully by Quantum. Tothe extent that Quantum has the right to do so without compensation to thirdparties, and except for materials or information specifically provided underother terms, Quantum grants you permission to copy or otherwise download fromthe 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 copyrightnotice specified on the Site.

    You may not copy or display for redistribution to third parties any portionof the Site without the prior written permission of Quantum. Documents postedby Quantum on the Site may contain other proprietary notices or describeproducts, services, processes or technologies owned by Quantum or thirdparties. Nothing contained herein shall be construed by implication, estoppelor 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, designmarks and slogans are trademarks, service marks or registered trademarks ofQuantum and may not be used in any manner without the prior written consent ofQuantum. Other products and service marks are trademarks of their respectiveowners.

    Limitation Of Liability

    YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THEINTERNET GENERALLY. IN NO EVENT SHALL QUANTUM BE LIABLE FOR ANY DIRECT,SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDINGBUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OFANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHERTORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITEQUANTUM MAKES NO WARRANTY AS TO THE ACCURACY, OR COMPLETENESS OR WHETHER THECONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATIONBEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICALINACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TOTHE CONTENT HEREIN.

    Warranty Disclaimer

    QUANTUM DOES NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDERWILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTSFROM USE OF THE SITE OR ANY CONTENT, FUNCTIONALITY OR LINK ON IT. ACCESS TO THESITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT ORIMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOADVICE OR INFORMATION GIVEN BY Quantum, ITS AFFILIATES OR THEIR RESPECTIVEEMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER Quantum NOR ITS AFFILIATES WARRANTTHAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUTINTERRUPTION OR ERROR-FREE.

    Disputes

    If there is any dispute about or involving the Site, by using the Site, youagree that the dispute will be governed by the laws of the State of New Yorkwithout regard to its conflict of law provisions. You agree to personaljurisdiction by and venue in the state and federal courts of the State ofColorado, Arapahoe County.

    Indemnity

    You agree to indemnify and hold Quantum, its officers, agents and otherpartners and employees, harmless from any loss, liability, claim or demand,including reasonable attorneys' fees, made by any third party due to or arisingout of your use of the Site, including also your use of the Site to provide alink 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 copyrightinfringement for material that is believed to be residing on Quantum's systemor network, should be promptly sent in the form of written communication toQuantum'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 behalfof the owner of an exclusive right that is allegedly infringed;

    - Identification of the copyrighted work claimed to have been infringed, orif multiple copyrighted works at a single online site are covered by a singlenotification, a representative list of such works at that site;

    - Identification of the material that is claimed to be infringing or to bethe subject of infringing activity and that is to be removed or access to whichis to be disabled, and information reasonably sufficient to permit the serviceprovider to locate the material;

    - Information reasonably sufficient to permit the service provider tocontact the Complaining Party, such as an address, telephone number, and ifavailable, an electronic mail address at which the complaining party may becontacted;

    - A statement that the Complaining Party has a good faith belief that use ofthe material in the manner complained of is not authorized by the copyrightowner, its agent, or the law; and

    - A statement that the information in the notification is accurate, andunder penalty of perjury, that the Complaining Party is authorized to act onbehalf 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 andconvenience of the visitor. The appearance of a link on this or any otherQuantum web page does not constitute an endorsement, recommendation orcertification by Quantum, nor should the presence of a link in any way beconstrued 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 fromthird-party sites. However, there are certain conditions that must be followed:

    - Unless we enter into a specific written agreement with you, you may notuse any of Quantum's names, logos, designs, slogans, product trademarks orservice marks in or with your links, except that you may link to a Quantum siteusing 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 Quantumhas any relationship or affiliation with your site or endorses, sponsors orrecommends the information, products or services on your site. Do not use anyof Quantum's names, logos, designs, slogans, product trademarks or servicemarks in any advertising, publicity, promotion, or in any other commercialmanner without the prior express written permission for a particular use fromQuantum.

    - Link only to the home page/first page/registration page of this site anddo not incorporate any Content from this site into your site (e.g., byin-lining or framing).

    - Do not use any of Quantum's names, logos, designs, slogans, producttrademark or service marks, or any other words or codes identifying Quantum'sWeb sites in any "meta tag" or other information used by searchengines or other information location tools to identify and select sites,without Quantum's express written permission for a particular use.

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