Any information that Qventus, Inc. (“us” or “we” or “our” or “Qventus”) collects through your use of the Site is subject to the Privacy Policy , which is part of these Terms.
By continuing to use the Site, you agree as follows:
If you do not agree with and accept the Terms, please discontinue all further use of the Site. Do not continue to access the Site.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND QVENTUS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING privacy@qventus.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Effective: August 2024
Last Updated: August 2024
These Terms are a legal contract between you (“you/your” or “user”) and Qventus. Qventus is the creator of the Site and provides information about the company and its services through the Site. These Terms govern your use of the Site and apply to the individuals accessing the Site and any organizations for whom they act as agents or employees. By accepting these Terms and using the Site, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy.
Qventus reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Site and we will change the “Last Updated” date above.
If you continue to use the Site after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Site and delete all files associated with the Site on your computer and/or mobile device.
Site Ownership and Use.
Qventus and its licensors own the Site, including all content and functionality you access through the Site. Subject to your compliance with these Terms, Qventus grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Site.
THE SITE IS FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SITE. You may not use the Site for any other purpose than what is expressly permitted under these Terms without Qventus’s express written permission.
You may not use Qventus’s name, trademarks, service marks, or logos, or those of third parties appearing on the Site in any advertising or publicity, nor to otherwise indicate Qventus’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Qventus or such third party.
Personal Data Ownership and Use.
You own your Personal Data (as defined in the Privacy Policy ) and any other information you submit on or through the Site (collectively, “User Information”). If you are entering someone else’s information into the Site, you represent and warrant that you have permission to do so. For us to provide you with the Site, you grant to Qventus a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Site, subject to the restrictions in the Privacy Policy . You also agree to allow Qventus to de-identify and anonymize your User Information in accordance with our Privacy Policy , and to use or disclose such de-identified information for any purpose.
You may use the Site only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Site. While using the Site, you shall not:
Qventus is not obligated to monitor your use of the Site, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Qventus reserves the right to suspend or terminate your use of the Site without notice to you if you partake in any of the prohibited uses described above.
We may send communications, including emails and calls, to you regarding the Site or in response to your requests for information or contact. You can choose to filter any Site emails using your email settings, and you may opt out of receiving any marketing or advertising materials from Qventus at any time by exercising the opt out method for such marketing communications within the applicable message.
Third-Party Websites.
In the course of using the Site, you may be introduced to areas or features of the Site that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Site and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Site to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
Third-Party Services.
To the extent any features, aspects, products, or services offered through the Site are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), including the View Jobs feature on the Careers page, you may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
No Warranties.
THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QVENTUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. QVENTUS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QVENTUS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QVENTUS OR THROUGH THE SITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD QVENTUS OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. NEITHER QVENTUS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR FOR INFORMATION OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QVENTUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
QVENTUS IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, QVENTUS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS QVENTUS AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you breach any of these Terms, we may terminate your access to the Site without prior notice to you. There may be other instances where we may need to terminate your access to the Site that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Site and materials at any time, with or without cause.
Entire Agreement.
These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Qventus and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Qventus and you regarding the Site.
Governing Law.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Qventus’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Qventus may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Qventus via email (in each case to the address that you provide); and/or (ii) by posting to the Site. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Qventus electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH QVENTUS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Qventus by email to: privacy@qventus.com. Notice to Qventus shall be effective upon receipt of notice by Qventus.
No Inadvertent Waiver.
The failure of Qventus to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 Qventus.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Intellectual Property Rights.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Site, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Qventus or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Remedies.
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. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting Qventus.
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at privacy@qventus.com.
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