Welcome to Quantum Dynamics!
Thank you for using the QUANTUM DYNAMICS Services. These terms of service (the “Terms”) govern your access to and use of the QUANTUM DYNAMICS Services accessed via our websites and mobile applications, including Premium Services as defined below, (the “Services”). Please read the Terms carefully before using the Services.
QUANTUM DYNAMICS LLC, in connection with our partners and service providers (“us” or “we” or “our”), provides the Services via our website located at myQuantlet or the QUANTUM DYNAMICS mobile applications (both the website and the mobile application shall be hereinafter referred to as the “Site”). Data from hardware containing our technology that you buy from us or our partners may be uploaded to the Site. The hardware you purchase from us is not usable without your accessing the Site. Once enabled, the Services include online storage of your personal data, an online community for tracking your progression and providing feedback, and the ability to manage and share your uploaded data.
To access the Services, you must register as a member on the Site. The information you provide in the account registration form (the “Registration Information”) must be accurate and complete. You agree to update the Registration Information as necessary, including your correct email address, so we may send you notifications and other account-related communications. Membership is subject, in our sole discretion, to termination at any time.
You are responsible for maintaining the confidentiality of the login name and password that you create. You shall be responsible for all uses of your login information, whether or not authorized by you. You must notify us of any unauthorized use of your login information or password, and you should immediately change your password to prevent further unauthorized use. You grant us the right to use your Registration Information and any other information you provide in connection with the operation of the Site.
The Services are designed to be used in connection with a device containing our technology (e.g. a Quantlet™ Band), which you may purchase from us or one of our partners. For hardware warranty and return information, please see RMA Page.
Content on the Site
The Site contains text, data, graphics, images, video, audio and other material (the “QUANTUM DYNAMICS Content”). The QUANTUM DYNAMICS Content is protected by copyright laws in United States and elsewhere. The QUANTUM DYNAMICS Content may be owned by us or others, including other users of the Site, or our partners, sponsors or affiliates. Use of the Services does not confer ownership rights to the QUANTUM DYNAMICS Content. You may only use the QUANTUM DYNAMICS Content as permitted in these Terms. We do not accept any responsibility or liability for any content posted by third parties on the Site, including content posted by other members (“Third Party Content”).
Links to other sites
The Site contains links to, as well as content and data from, third-party websites (“Other Sites”). Any links are provided solely as a convenience to you. We do not endorse the materials contained on Other Sites.
Your Use of the Site and Services
The Site is provided by us for your personal use only. You agree to use the Site and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site or Services. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any person, uploading of viruses or other malware, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site. Do not post any content that violates any applicable local, state, national, or international law.
The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Site, which in our sole judgment, degrades the reliability, speed, or operation of the Site, the Services, or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from QUANTUM DYNAMICS even if the QUANTUM DYNAMICS member gives permission, and (iv) any use of the Site which is unlawful or otherwise in violation of these Terms.
Online Community and Postings
As a user of the Services, you may post comments on your own pages, on those of other members or on our community pages (the “Online Community”). The following guidelines shall govern your posting on any Online Community:
- Be respectful of others.
- Do not post profane or explicit content.
- Do not post inappropriate pictures.
- Do not harass or threaten other users.
- Do not advertise or promote products commercially.
- Do not post third-party content without permission.
- Do not violate any applicable local, state, national or international laws.
- Do not post or upload any virus, malware, etc
We reserve the right, without any prior notice, to remove any post or content on the Online Community if it does not meet these standards, in our sole discretion.
Minimum Age Requirement
Privacy and Use of Data
You May Share Your Data
The Services provide features that allow you to share Viewable Data with others or to make it public. There are many things that users may do with Viewable Data, and Viewable Data may provide intimate personal information about you to the viewer. Please consider carefully what you choose to share or make public. QUANTUM DYNAMICS has no responsibility or liability for the portions of the Viewable Data that you elect to share.
Except as outlined in these Terms, we do not grant you any right, title, or interest in the Services or any QUANTUM DYNAMICS Content. We appreciate it when users send us feedback, but please only provide feedback, comments, or suggestions that you agree we may use without limitation.
You can stop using our Services any time. We reserve the right to suspend or end the Services or your access to the Site at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also change or remove at any time any features currently offered as part of the Services.
THE SERVICES AND THE SITE ARE PROVIDED “AS IS”, FOR USE AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. We disclaim any and all warranties of merchantability, fitness for a particular purpose or non-infringement. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your use of the Services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO AVOID ELECTRIC SHOCK AND DAMAGE TO YOUR BAND, DO NOT OPERATE OTHER POWERED ELECTRICAL EQUIPMENT WHILE CHARGING YOUR BAND AND WEARING IT AT THE SAME TIME.
Not Medical Advice
IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
You agree that QUANTUM DYNAMICS is not providing medical advice via the Site or the Services. Our bands and Services are not medical devices, nor are they intended for use in the diagnosis, cure, treatment, or prevention of disease.
The QUANTUM DYNAMICS Content provided through the Site or the Services, whether provided by us or by a third party, is not intended to be, and should not be used in place of (1) the advice of your physician or other medical professionals or (2) a visit, call or consultation with your physician or other medical professionals. Should you have any health related questions, please call or see your physician or other health care provider promptly.
You should never disregard medical advice or delay seeking medical advice because of any content presented on the site or on your any hardware you purchase from us, and you should not use the Site or any content on the site for diagnosis or treatment. Any communication with us does not constitute or create a doctor-patient relationship between you and us.
You understand that certain activities, including exercise and, in particular, radical changes to your diet or exercise regimen, may carry inherent risks of injury or death. You voluntarily assume all known and unknown risks associated with these activities.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUANTUM DYNAMICS LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $100, OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You agree to defend, indemnify, and hold QUANTUM DYNAMICS LLC, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Services and/or your violation of these Terms.
We may revise these Terms from time to time with or without notice. We will post on the Site the most current version of these Terms, so please check the Site regularly. By continuing to access the Site or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
We do not endorse any user content, feedback or any opinion, recommendation, or advice expressed on the Site or via the Services. We expressly disclaim any and all liability in connection with user content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove user content if properly notified that such content infringes another’s intellectual property rights in accordance with the DMCA provisions. We reserve the right to remove user content and/or terminate the account of user(s), at its sole discretion and without prior notice. Notifications of claimed copyright infringement should be sent to Quantum Dynamics’ Designated Agent set forth below.
NOTIFICATIONS NOT COMPLIANT WITH THE DMCA PROCEDURE MAY NOT RECEIVE A RESPONSE.
Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Attn: Legal Department
Quantum Dynamics, LLC
One Mifflin Place Suite 400
Cambridge, MA 02138
info @ quantlets.com
Miscellaneous Legal Terms
These Terms are governed by Delaware law without regard to its conflicts of laws principles. Both parties consent to the personal jurisdiction of the state and federal courts of Delaware. Nothing in this agreement limits either party’s ability to seek equitable relief.
These Terms constitute the entire and exclusive agreement between you and QUANTUM DYNAMICS LLC with respect to the Site and Services, and supersede and replace any other agreements, terms and conditions applicable to the Site and Services. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign its rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
In the event of any questions or comments or to request further information, we may be contacted at:
Quantum Dynamics, LLC
One Mifflin Place Suite 400
Cambridge, MA 02138
info @ quantlets.com