Terms and Conditions

Website Terms and Conditions of Use

These Terms and Conditions (the “Terms”) govern your use of the website owned and operated by Quantum Smart Systems (QSS), its subsidiaries, and/or affiliates (collectively, “Quantum Smart Systems” or “QSS” or the “Company“) (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 Smart Systems reserves the right to change these Terms at any time, effective immediately upon posting the updated Terms on the Site. If you violate these Terms, QSS may terminate your use of the Site, bar you from future use, and/or take appropriate legal action.

1. Site Content and Ownership

1.1 Ownership of Content

You acknowledge that QSS, QSS’s affiliated entities, and/or licensors own all Content made available through the Site. “Content” includes, but is not limited to, information, articles, technical documentation, videos, comments, reviews, text, photos, pictures, images, software, and applications. Such Content is protected by U.S. and international copyright, trademark, and other intellectual property rights and laws.

1.2 Permitted Use

You are authorized to visit and view pages of this Site for your own personal and internal business use only. You shall not duplicate, publish, modify, or otherwise distribute the material on this Site for any purpose other than as expressly set forth herein. The software and all Content on this Site is the property of QSS and/or its suppliers and is protected by U.S. and international copyright laws.

2. Prohibited Uses and User Conduct

You agree that you will not use the Site:

  • In connection with or to promote any products, services, or materials not authorized by QSS.
  • In any manner or for any purpose that violates any applicable law or regulation, or any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  • To post any information that disparages or defames any person or entity.
  • To remove, obscure, or alter any legal notices displayed on the Site.

3. Access and Interference

You agree to the following restrictions regarding accessing and interacting with the Site:

  • You will not use any robot, spider, 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 QSS’s prior express written permission.
  • You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
  • You will not take any action that imposes an unreasonable or disproportionately large load on QSS’s infrastructure.
  • You agree to observe all applicable copyright laws and, in particular, shall not modify, conceal, or remove any alphanumeric code, marks, or copyright notices from the Content, software, documentation, or any copies thereof.

4. Accounts and Security

4.1 Account Responsibility

Certain functionality may require the use of a QSS Account. You or your employer (“Customer”) are solely responsible for maintaining the security of the IDs and passwords associated with your QSS Account.

  • Customer must ensure that IDs and passwords are not made available to anyone other than Customer’s employees.
  • Customer’s employees must not share their specifically assigned IDs or passwords with anyone.

4.2 Revocation and Notification

If Customer wishes to revoke an access ID and password, it may do so at any time and must notify QSS immediately in the event of the termination of any employee using the account. QSS will invalidate the ID and password and may provide replacements if requested. If you suspect that someone else knows or has changed your password, you must reset it immediately.

4.3 Unauthorized Access

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 automated device, will be investigated, and appropriate legal action will be taken. You agree to comply with any security processes and procedures (such as passwords) specified by QSS and agree not to access or attempt to access any areas of the Site not intended for general public access, unless authorized in writing by QSS.

5. User Content and Forums

5.1 User Content Submission

The Site may allow you to submit information, data, text, messages, or other materials (“User Content”). You may not place or send any User Content that violates any law or infringes on the rights of any third party.

  • QSS claims no ownership or control over any User Content submitted, posted, or displayed by you that is intended to be used only by you and/or QSS. You or a third-party licensor retain all patent, trademark, and copyright rights to such content, and you are responsible for protecting those rights.
  • When you submit User Content that is intended to be available to the public or others you have chosen to share it with (e.g., in a forum), you grant QSS 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 the Site.

5.2 Forum and Blog Participation

If you participate in any blog or forum:

  • You assume all liability and responsibility for the accuracy, completeness, or usefulness of any information you provide.
  • You must include a disclaimer stating that the content is your opinion and not the opinion of QSS.
  • You agree to fully indemnify and defend QSS, its employees, directors, and agents against any claims arising from the content you provide.

6. Compliance with Laws and Export Regulations

6.1 General Compliance

You agree to 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 are solely responsible for ensuring that materials transmitted, posted, or distributed using the Site comply with these Terms and all applicable laws and regulations.

6.2 Export Control Laws

Your use of this Site and services is governed by the United States export control laws, regardless of whether you reside in the United States. You understand that any designs, software, or technical data you access or upload on the Site 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.

You agree to abide by all applicable laws and regulations relating to the export and re-export of such items, and you specifically certify that:

  1. You understand and agree to comply with the U.S. International Traffic in Arms Regulation (“ITAR”) and the U.S. Export Administration Regulations (“EAR”). You will obtain all required governmental permissions (i.e., export licenses, permits) before exporting or re-exporting any controlled items or technology.
  2. Your designs/products will not be used, sold, re-exported, or incorporated into products used directly or indirectly in the design, development, production, stockpiling, or use of prohibited WMD (Weapons of Mass Destruction) activities.
  3. Your designs/products will not be used for or sold to military, police, or intelligence entities, for any space applications, or for use in foreign vessels or aircraft, except as authorized.
  4. Your designs/products will not benefit persons or entities named on any United States denied or restricted party list (e.g., Entity List, SDN list) or any other applicable government denied or restricted party list.
  5. Your designs/products will not be diverted to any country in violation of any United Nations, United States, European Union, or any other applicable embargo.

7. Intellectual Property Rights

7.1 Copyright

Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are owned by QSS or used lawfully by QSS. QSS grants you permission to copy or download information and materials (including related graphics) from the Site, provided:

  • The materials are for your internal use only, and
  • Any copies 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 QSS.

7.2 Trademark

The Quantum Smart Systems name and logo and all related product and service names, design marks, and slogans are trademarks, service marks, or registered trademarks of QSS and may not be used in any manner without the prior written consent of QSS. Other product and service marks are trademarks of their respective owners.

8. Linking Policy

8.1 Outbound Linking

Any link provided on this or any other QSS web page is for the visitor’s use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by QSS. You agree that you may not make any claim against QSS for any damages or losses resulting from your use of the Site to obtain search results or to link to another site.

8.2 Inbound Linking

QSS generally does not object to links to the Site from third-party sites, provided the following conditions are met:

  • You may not use any of QSS’s names, logos, designs, or slogans in or with your links, except using the plain text name of the Site or the plain text name of QSS.
  • Do not present the link in any way that suggests QSS has any relationship, affiliation, or endorsement with your site.
  • Link only to the home page or first page, and do not incorporate any Content from this site into your site (e.g., by in-lining or framing).
  • Do not use QSS’s names or identifiers in any “meta tag” or other information used by search engines without QSS’s express written permission.

9. Disclaimer of Warranties

QSS 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, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

QSS makes no warranty as to the accuracy, completeness, or timeliness of the Content. It is your responsibility to verify any information before relying on it.

10. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

IN NO EVENT SHALL QUANTUM SMART SYSTEMS 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.

11. Indemnity and Disputes

11.1 Indemnity

You agree to indemnify and hold QSS, 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 your use of the Site to provide a link to another site or to upload Content.

11.2 Governing Law and Venue

If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of [Insert US State, e.g., 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 [Insert US State, e.g., Colorado], [Insert County, e.g., Arapahoe County].

12. Digital Millennium Copyright Act (DMCA) Notice

All claims of copyright infringement for material residing on QSS’s system or network should be promptly sent in the form of written communication to QSS’s Designated Agent:

Law Department Quantum Smart Systems [Insert Company Address] Email: