Qvin Website Terms of Use

2. Eligibility

By accessing or using the Site, you represent to us that you are over the age of 18 (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into these Terms. If you use the Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. Changes to these Terms

We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Site after an update will constitute acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.

4. Qvin Intellectual Property Rights & Limited License

The Site, including the design, text, graphics, images, data, software, source code, and other content contained therein (and their selection, arrangement, and presentation), are owned by Qvin or our licensors and are protected by law including copyright and trademark law. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors.

 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your noncommercial use and for no other purpose.

5. User Generated Content

The Site may include functionality to enable you to upload comments, feedback, or other content (“User Generated Content”). By contributing User Generated Content to any of the Site, you understand and acknowledge that this information is available to the public and you hereby grant Qvin a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such User Generated Content for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Generated Content does not violate any applicable law or any right of any third party.

6. Commercial Transactions

We may offer certain products or services for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by us or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree that any such information provided shall be accurate, complete, and current. You further agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. Specifically, if you purchase a Q-Pad Kit from the Sites, you will need to download the App, create a Qvin account, and agree to the App’s terms of service in order to view your lab results. You shall be responsible for all charges incurred through your purchase actions as well as for paying any applicable taxes. You agree to immediately notify Qvin of any change in your billing address or the credit card used for payment hereunder. You further agree that purchases made via the Site are subject to Qvin’s Refund & Cancellation Policy. Your right to use a paid service or a specific product is conditional upon Qvin’s receipt of payment. You agree that in the event Qvin is unable to collect the fees you owe Qvin it for the products or services specified in your order, Qvin may take any other steps it deems necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by Qvin in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.

7. Copyright Infringement

Qvin follows the procedures of the Digital Millennium Copyright Act of 1998 by providing recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you or your agent may send Qvin a written notice by mail or e-mail, requesting that we remove such material or block access to it. See https://www.copyright.gov for details. Notices must be sent in writing to:

Qurasense, Inc.
3517 Edison Way
Menlo Park, CA 94025
Attn: Legal
Email: [email protected]

8. Your Use of the Site

In your use of the Site, you agree

• to only use the Site in a lawful manner and only for their intended purposes;
• not to express or imply that any statements you make are endorsed by Qvin;
• not to reverse engineer, disassemble, or otherwise attempt to create or derive the source code underlying the Site;
• not to use or access the Site to build a similar or competitive product or service;
• not to attempt to probe, scan or test the vulnerability of any Site or to breach or tamper with the security or authentication measures of the Site or our systems;
• not to submit viruses or other malicious code to or through the Site;
• not to submit User Generated Content that, in our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site; and
• not to use the Site to transmit “spam” or other unauthorized commercial communications.

9. Suspension & Termination

We reserve the right (a) to immediately and without notice suspend or terminate your access to or use of the Site if we reasonably believe that you have violated these Terms, (b) to, in our sole discretion, remove any User Generated Content or other material that breaches these Terms or is otherwise objectionable, and (c) to modify the Site or to suspend or stop providing all or portions of the Site at any time. You also have the right to stop using the Site at any time. We are not responsible for any loss or harm related to your inability to access or use the Site.

10. Privacy

Our collection and use of your personal information via the Site is described in our Privacy Policy. By accessing or using the Site, you acknowledge that you have read and understand the Privacy Policy, as updated from time to time.

11. Indemnification

You agree to indemnify, defend, and hold harmless Qvin and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising out of or relating to your access to or use of, or activities in connection with, the Site.

12. Disclaimer

THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND QVIN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

 

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site are or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. We may need to perform maintenance on the Site from time to time, which may result in temporary interruptions to its availability. The Site may include inaccuracies or errors. You assume the entire risk as to the quality and performance of the Site.

13. Limitation of Liability

QVIN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, QVIN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF QVIN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE $100.

 

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages, and some or all of the above disclaimers, exclusions or limitations may not apply to you.

14. Third Party Content

The Site may make available or provide links to third party websites, content, or information (“Third Party Content”). Qvin does not control, and is not responsible for, any Third Party Content, and the availability of any Third Party Content via the Site does not imply endorsement of, or affiliation with, the provider of such Third Party Content. Your use of Third Party Content is at your own risk.

15. Governing Law & Jurisdiction

These Terms shall be construed in accordance with the laws of the state of California, without reference to its conflict of law provisions, and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws. The Parties agree to the exclusive jurisdiction of the state and federal courts located in California.

16. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms. To the maximum extent possible under applicable local law, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.