Quantum Websites Terms of Use

Welcome to the website of Quantum Metric, Inc. (“Company”, “We” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.quantummetric.com, learn.quantummetric.com, go.quantummetric.com, www.continuousproductdesign.com, learn.continuousproductdesign.com, engage.quantummetric.com, www.quantumleapcon.com, community.quantummetric.com, thequad.quantummetric.com, and any other websites operated by Us from which you are accessing these Terms of Use, including any content, functionality and services offered on or through the aforementioned websites (the “Websites”), whether as a guest or a registered user.

1. Acceptance of the Terms of Use

These Terms of Use apply generally to the use of our Websites so please read carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by these terms of use and our Privacy Policy, found at https://www.quantummetric.com/legal/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

These Websites are offered and available to users who are 18 years of age or older. By using these Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

2. Changes to the Website and/or Terms of Use

We may update the content on these Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and We are under no obligation to update such material.

Additionally, we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in governing law and jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites.

Your continued use of these Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Websites and Account Security

We reserve the right to withdraw or amend these Websites, and any service or material We provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Websites.
• Ensuring that all persons who access the Websites through your internet connection are aware of these terms of use and comply with them.

To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete.

Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Websites. You agree that all information you provide to register with these Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions We take with respect to your information consistent with our Privacy Policy, as may be amended from time to time.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Websites or portions of them using your username, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by Us, at any time at our sole discretion.

4. Intellectual Property Rights

The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If We provide social media features with certain content, including but not limited to LinkedIn, you take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on these Websites are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not:

• Use the Websites or any services or materials available through the Websites for any commercial purposes.
• Use the Websites in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• Use the Websites for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by Us, may harm the Company or users of the Websites or expose them to liability.
• Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
• Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
• Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
• Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

7. Content Standards

These Content Standards apply to any and all user contributions and use of interactive services, including but not limited to chat functions, profiles, forums and blog comment areas. User contributions include but are not limited to user posting, submitting, publishing, displaying or transmitting to other users or other persons (hereinafter, “Post”) content or materials (hereinafter, collectively known as “User Contributions”). User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.

Any User Contribution you Post to the Websites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant Us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and our service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
• We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites.

8. Monitoring and Enforcement; Termination

We have the right but not obligation to:

• Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
• Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such user contribution violates the Terms of Use, including the Content Standards herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that User Contributions Posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
• Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any User Contributions on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We cannot review user contributions before it is posted on the Websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

These Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Other Terms and Conditions

Any use of the Websites that requires logging in, viewing a product demonstration, or any use of subscription services provided by Us is subject to the terms and conditions of the Company’s SaaS End User Licensing Agreement (“EULA”) as may be in effect from time to time, and/or to the terms of conditions of such agreement(s) as may be expressly agreed in a writing signed by you and by a duly authorized representative of the Company (any such agreement together with the Company’s SaaS EULA, “License Agreements”).

Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

11. Linking to the Websites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Websites may provide certain social media features that enable you to:

• Link from your own or certain third-party Websites to certain content on these Websites.
• Send emails or other communications with certain content, or links to certain content, on these Websites.
• Repost or share limited portions of content from these Websites on your own or certain third-party Websites.

You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Websites other than the homepage.
• Otherwise take any action with respect to the materials on these Websites that is inconsistent with any other provision of these Terms of Use.

The Websites from which you are linking, or third-party websites on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

12. Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Accessibility Restrictions

While We do take efforts to make the Websites as accessible as possible with clear data visualizations, We do not represent or warrant that the Websites meet all accessibility requirements. In cases where our user interface is not fully accessible, We rely on the accessibility features of either the browser or the user’s device.

14. Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining your own means for any reconstruction of any lost data. TO THE EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation on Liability

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the Websites, including, but not limited to, your User Contributions, any use of the Websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

17. Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the state of delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver and County of Denver, although We retain the right to bring any suit, action or proceeding against you for breach of these terms of use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms Of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Entire Agreement

Unless otherwise expressly agreed in a writing signed by you and by a duly authorized representative of the Company, these Terms of Use, our Privacy Policy, and any License Agreement, including but not limited to the Company’s EULA, if applicable, constitute the sole and entire agreement between Company and you. with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

21. Your Comments and Concerns

The Websites are operated by Quantum Metric, Inc., 10807 New Allegiance Drive, Suite 155, Colorado Springs, Colorado 80921.

All feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: info@quantummetric.com. Any feedback, comments, requests, or other communications concerning privacy or privacy-related elections should be directed to: privacy@quantummetric.com.

Thank you for visiting the Websites.

Last modified: February 2023

In addition to the Quantum Websites Terms of Use (“QM TOU”), these Terms of Use (“Quad TOU”) are the terms that apply to your use of The Quad (as defined herein). By using The Quad, you are agreeing to the QM TOU as well as the Quad TOU. All capitalized terms not defined herein have the meaning given to them in the QM TOU.

We reserve the right to modify these Quad TOU at any time without giving you prior notice. Your use of the The Quad following any such modification constitutes your agreement to follow and be bound by these Quad TOU as modified. You agree to review the Quad TOU on a regular basis and always remain in compliance.

Every user of The Quad is responsible for their violations of these Quad TOU. You are not allowed to assist or engage others in a way that would violate these Quad TOU. We will enforce and ensure compliance with these Quad TOU by using methods We consider to be appropriate.

1. Definitions

1. “Quad TOU” means these Quad Terms of Use and all materials referred or linked to in here.
2. “Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of The Quad, whether by Us, our customers, or other users of The Quad. Community Content does not include Your Content.
3. “The Quad” means the online community accessible at thequad.quantummetric.com.
4. “Sensitive Information” means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.
5. “Third-Party Products” means products and professional services that are provided by third parties which may interoperate with or be used in connection with The Quad.
6. “Third-Party Sites” means third-party websites linked from within or accessed through The Quad.
7. “Quantum Metric“, “We“, “Us” or “Our” means Quantum Metric, Inc. and our affiliates.
8. “Quantum Technology” means the online service delivered by Quantum Metric to its customers, including Quantum Metric’s proprietary software code to be installed, or actually installed by .
9. “You” or “your” means the person using The Quad.
10. “Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by your use of The Quad.

2. Access to The Quad

Access to The Quad will be granted by using your Quantum Metric login information. Upon first logging in to The Quad, You will be prompted to create a new username. You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses ‘The Quad’ as all or part of it, unless We provide express permission to do so, or (vii) We reject, which We may choose to do in our discretion. All information you provide in your profile must be accurate. If You believe your access to or use of The Quad has been breached, compromised, or unauthorized, notify Us immediately at privacy@quantummetric.com.

3. Your Use of The Quad

1. You will use The Quad for its intended purpose only, and will not use it for commercial, solicitation or advertising purposes, unless We otherwise grant express written permission.
2. The Quad is meant for public use, so you may not disclose or solicit anyone’s private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by You to The Quad, whether or not you permitted such use. This means that no Sensitive Information, which includes competitively sensitive, private or personal information, should be shared, posted, or otherwise exchanged within The Quad.
3. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in The Quad or Community Content.
4. You represent and warrant that you may will not use The Quad or Community Content in a manner that:
   1. is in violation of this Agreement or the QM TOU;
   2. is confidential, proprietary or discloses Sensitive Information;
   3. discloses or solicits the private information of any person;
   4. is threatening, abusive, harassing, stalking, or defamatory;
   5. is deceptive, false, misleading or fraudulent;
   6. is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
   7. contains vulgar, obscene, indecent or unlawful material;
   8. infringes a third party’s intellectual property right(s);
   9. publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
   10. uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
   11. downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
   12. falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
   13. restricts or inhibits any other user of The Quad from using and enjoying our website and/or the The Quad;
   14. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
   15. damages, disables, overburdens, or impairs The Quad website or interferes with any other party’s use and enjoyment of The Quad;
   16. mirrors or frames The Quad website, or any part of it, on any other website or webpage;
   17. attempts to gain unauthorized access to The Quad, or access The Quad by any means other than through the interface that We provide to you;
   18. violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
   19. is legally actionable between private parties; and/or
   20. is in violation of any applicable law or regulation.

4. Ownership and Use of Your Content

By using The Quad, You agree that: (1) Your Content will automatically become the property of Quantum Metric, without any compensation to you; (2) Quantum Metric may use or redistribute Your Content for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Quantum Metric to review Your Content; and (4) there is no obligation to keep Your Content confidential.

You grant to Us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with The Quad. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You also grant Us the rights to re-use Your Content to market and promote The Quad, such as on our website, in public or private presentations, press releases and interviews, or in connection with our sales and marketing and other publicity efforts.

5. Improvements and Enhancements Using Feedback

Any feedback You provide on The Quad will be deemed to be non-confidential and not proprietary. Quantum Metric will be free to use and redistribute such information on an unrestricted basis, without compensation to You.

Any and all improvements, enhancements or modifications to any of Quantum Metric’s business and/or Quantum Metric’s products or services(whether or not based upon any suggestions, enhancement requests, recommendations or other feedback provided in Your Content) and all intellectual property rights regarding the foregoing shall be Quantum Metric’s sole and exclusive property. You shall have no proprietary interest in Quantum Metric’s property and will not seek, patent, copyright, trademark, registered design, or other protection for any rights in Quantum Metric’s property. Other than as expressly set forth in The Quad TOU, no license or other rights any Quantum Metric property are granted to You.

6. The Quad’s Proprietary Rights

You are not granted a license to any of Quantum’s products or services by this Agreement. The Quad is protected by intellectual property laws, including applicable trademark laws, and is the property of Us or our licensors (if any), and We retain all ownership rights to it.

7. Suspension and Notice of Violations.

In our sole discretion, We may immediately suspend your use of The Quad, without notice, for actual or suspected violations of the terms contained in Quad TOU, or for any other reason. If you know of usage that is in violation of this Quad TOU, please let Us know by contacting Us at info@quantummetric.com.

8. Claims of Copyright Infringement.

We may, in our sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on The Quad, please contact info@quantummetric.com.

9. The Quad Privacy

Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of The Quad. You agree that all information you provide to register with The Quad or otherwise, including but not limited to through the use of any interactive features on The Quad, is governed by ourPrivacy Policy, and you consent to all actions We take with respect to your information consistent with our Privacy Policy, as may be amended from time to time.

By creating an account with The Quad, You agree to opt into receiving email communications from The Quad and the Company, its affiliates’ and its partner’s products, services, promotions and events. For information on how we handle your personal information and how to unsubscribe from communications please visit our Privacy Policy.

10. The Quad Term and Termination

This Agreement will apply for as long as you use or maintain a username for The Quad.

We may terminate the Quad TOU and/or suspend your access to The Quad without notice and/or immediately if you: (i) violate any of the terms of the Quad TOU, (ii) use The Quad in a way which has or may negatively reflect on or affect Us, our prospects, or our customers, or (iii) if We determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with The Quad after termination. Termination or expiration of the Quad TOU shall not cause your Quantum Metric SaaS subscription agreement to be terminated.

11. The Quad Points and Ranks Program

If you are a current customer of Quantum in good standing with a username for The Quad, you may elect to participate in our Points and Ranks Program. These features may allow you to earn points and badges for actively participating in The Quad and its forums, as described in How to Earn Community Points and Badges. There is no requirement, cost or minimum participation threshold to participate. Points are valid for one year following the year in which they were earned. Points have no monetary value, do not constitute property of the participant, and are not transferable. Participants must adhere to their own corporate policies pertaining to taxation, personal income, and payola around reward redemptions. Rewards, sweepstakes, or giveaways may be subject to additional terms and conditions which may be provided from time to time.

Participation in the Points and Ranks Program is in our sole discretion, and We may, terminate any participant’s access to the Points and Ranks Program, without notice, for any conduct that We, in our sole discretion, believes is in violation of any applicable law, is inconsistent with this Agreement or its purpose, or is otherwise harmful to the interests of The Quad. Upon termination, all accumulated and remaining Points shall immediately become void and irredeemable. We may change these terms, including “How to Earn Community Points and Badges,” rules, regulations, awards and offers at any time with or without notice, and may change or remove Points and Ranks features at any time without prior notice. Participants expressly waive any rights or claims of liability against Quantum Metric and/or any of its employees or agents for any awards or other benefits provided under this Agreement.