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WEBSITE TERMS OF USE (Last Updated May 26, 2020)

1. YOU AGREE TO THESE TERMS BY USING THE SITE

These following terms of use (the “Terms of Use”) constitute a binding agreement between Qualia Labs, Inc. (including current and future affiliates and subsidiaries, “Qualia”) and the person (“you” or “your”) accessing www.qualia.com (including any successor site) (the “Site”). You and Qualia shall be known collectively as the “Parties” and singularly as a “Party”. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent, warrant, and covenant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Any reference to the singular in these Terms of Use includes the plural and vice versa and reference to a gender includes the other gender unless the context requires otherwise. Any reference to a “person” in these Terms of Use includes any individual, firm, unincorporated association or body corporate. You agree to abide by these Terms of Use, as they may be amended by Qualia from time to time in its sole discretion. Qualia may revise these Terms of Use at any time without notice. By using the Site you are agreeing to be bound by the then-current version of these Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use thereof. If you do not agree to these Terms of Use, do not access or use the Site.  This is a legally enforceable contract. 

BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.

2. PERMITTED USE OF THE SITE

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site solely for legitimate general information and/or to learn about Qualia’s products or services (or as expressly authorized by Qualia), and solely in compliance with these Terms of Use.

3. UNPERMITTED USE OF THE SITE

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Qualia employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. All remarks, suggestions, ideas, content or other feedback communicated to Qualia through or in connection with the Site and any modifications of derivatives thereof, and all rights in or related to the foregoing, shall forever be the exclusive property of Qualia, without any compensation or other obligation to the person submitting such content.

USE LICENSE

Qualia grants you a limited, non-exclusive, non-transferable right to temporarily download one copy of certain materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary or other proprietary notations from the materials; or (e) transfer the material to another person or “mirror” the materials on any other server. Except for the limited license rights expressly granted under these Terms of Use, no licenses or rights are granted by Qualia to you hereunder, by implication, estoppel or otherwise.  All such other licenses and rights are reserved by Qualia.

5. PRIVACY POLICY

Qualia’s Privacy Policy (as Qualia may amend from time to time, the “Privacy Policy”) is incorporated into and made part of these Terms of Use, and you hereby agree to the terms of the Privacy Policy.

6. CONFIDENTIALITY

You may receive proprietary information relating to the Site that is not known to the general public (“Confidential Information”), including without limitation, Site content and/or materials, software designs, specifications and documentation, business and product plans, other confidential business information, and non-public personal information. You agree that: (a) all Confidential Information shall remain Qualia’s exclusive property; (b) you shall use Confidential Information only as is necessary for your participation on the Site; (c) you shall not otherwise disclose Confidential Information to any other person; and (d) you shall not download or distribute or use any Confidential Information from the Site.

7. DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ITS CONTENT AND MATERIALS, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUALIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. QUALIA DOES NOT WARRANT THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE (OR ANY CONTENT OR MATERIALS AVAILABLE IN CONNECTION THEREWITH) WILL MEET YOUR SPECIFIC REQUIREMENTS.

Any disclaimers made by Qualia (and any obligations or restrictions that apply to you) under these Terms of Use are in addition to any disclaimers made by Qualia (and any obligations or restrictions that apply to you) under any applicable Qualia End-User Terms of Service or any other written agreement between Qualia and you (or between Qualia and an entity on whose behalf you receive, or receive access to, any Qualia products or services).

The Parties acknowledge that the disclaimers of warranties set forth in this Section are an essential element of these Terms of Use between the Parties, and the Parties would not have entered into these Terms of Use without such disclaimers of warranties. Notwithstanding the foregoing, certain jurisdictions limit disclaimers of warranties. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Use will remain in effect to the fullest extent permitted by law.

8. INDEMNIFICATION; UNAUTHORIZED USE

You agree to indemnify, defend, and hold harmless Qualia, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or willful misconduct) by you or any other person accessing the Site by using your account.

You must immediately notify Qualia if you discover any unauthorized access to or use of the Site (or any associated content). Qualia shall have the sole and exclusive right to bring any infringement action or proceeding against any third party in relation to the Site, and you shall cooperate and provide all reasonable information and assistance to Qualia and its counsel in connection with any such action or proceeding.

9. LIMITED LIABILITY

IN NO EVENT SHALL QUALIA, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR ITS SUBJECT MATTER FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, COST OF REPLACEMENT OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM AND REGARDLESS OF WHETHER QUALIA IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUALIA, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR ITS SUBJECT MATTER, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $500. 

Any rights or remedies available to Qualia (and any obligations or restrictions that apply to you) under these Terms of Use are in addition to any rights or remedies available to Qualia (and any obligations or restrictions that apply to you) under any applicable Qualia End-User Terms of Service or any other written agreement between Qualia and you (or between Qualia and an entity on whose behalf you receive, or receive access to, any Qualia products or services).

The Parties acknowledge that the limitations set forth in this Section are an essential element of these Terms of Use between the Parties, and the Parties would not have entered into these Terms of Use without such limitations. Notwithstanding the foregoing, certain jurisdictions limit disclaimers of limitations of liability. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Use will remain in effect to the fullest extent permitted by law.

10. THIRD PARTY WEBSITES

In an attempt to provide increased value to its visitors, Qualia may link to sites operated by third Parties. However, even if the third party is affiliated with Qualia, Qualia has no control over such linked sites, all of which may have separate privacy and data collection practices, independent of Qualia. Such linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Qualia specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Qualia does not endorse the content, or any products or services available, on such sites. Nonetheless, Qualia seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

11. TRADEMARKS

The Site may contain Qualia and third party trademarks and service marks. All marks are the property of their respective companies, and such marks may not be used without the consent of such party. All rights in the intellectual property contained in the Site including copyright, trademarks, trade secret and patent rights are hereby reserved by Qualia. Access to the Site does not constitute a right to copy or use any intellectual property of Qualia or its suppliers.

12. COPYRIGHT

Copyright © 2015, Qualia Labs, Inc. ALL RIGHTS RESERVED.

All content contained on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and any compilations of the foregoing, are the property of Qualia or its suppliers and protected by United States and international copyright laws. Qualia hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Qualia services or products. You agree that any copy made must include Qualia’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

13. COPYRIGHT INFRINGEMENT

Qualia's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Qualia to delete, edit, or disable the material in question, you must provide Qualia with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Qualia to locate the material; (d) information reasonably sufficient to permit Qualia to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Qualia's designated agent at support@qualia.com.

14. GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Use and your use of the Site are governed by the laws of Texas, excluding its conflict of laws provision. You and Qualia consent to the exclusive venue in the state and federal courts of the located in Travis County, Texas for any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact; provided, however, Qualia may, without limiting any of its rights or remedies (whether under these Terms of Use, at law, in equity or otherwise), seek injunctive relief and other equitable remedies at any time in any court of competent jurisdiction for any actual or threatened breach of these Terms of Use relating to its intellectual property rights or your confidentiality obligations.  You acknowledge that your breach of any of the provisions related to your confidentiality obligations or Qualia’s intellectual property rights may cause irreparable injury to Qualia for which monetary damages are not an adequate remedy.

15. EXPORT CONTROL

Materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No materials from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

 

Qualia does not authorize the downloading or exportation of any materials or technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.

16. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finally determines that any provision of these Terms of Use is invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent legally permissible and such invalidity, illegality, or unenforceability shall not affect any of the remaining provisions of these Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.

17. ASSIGNMENT

You may not assign these Terms of Use or any of your rights or obligations hereunder without the prior written consent of the Qualia. Qualia may assign its rights and duties under these Terms of Use to any third party at any time without notice to you. Any purported assignment in contravention of this Section shall be null and void.  Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

18. NOTICES; ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to Qualia, you are communicating to Qualia electronically. You consent to receive communications from Qualia electronically. Qualia will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Qualia provides to you electronically satisfy any legal requirement that such communications be in writing.

QUESTIONS AND FEEDBACK

Any questions and feedback about the Site or these Terms of Use should be directed to support@qualia.com.

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