Terms of Use
Last Updated: December 22, 2023
Welcome, and thank you for your interest in Quantgene (“Quantgene,” “we,” or “us”) and our website at www.quantgene.com along with our related websites (collectively, the “Site”). PLEASE READ AND CAREFULLY REVIEW THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.
1. Quantgene Website Overview. Quantgene is a company focused on developing early disease detection technology, and the Site provides information about our company, products and services including information related to medical conditions, detections and treatment.Such information is provided for informational purposes only and is not a substitute for advice from a medical professional or a doctor. Quantgene and the Site do not provide any medical advice or opinions, nor does your use of the site establish a doctor-patient relationship between you and Quantgene.
2. Use of the Site. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any Materials; (b) make modifications to the Site or any Materials; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) Quantgene shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
3. Ownership; Intellectual Proprietary Rights. The Site is owned and operated by Quantgene. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by Quantgene are protected by intellectual property and other laws. As between us, all Materials included in the Site are the property of Quantgene or its third-party licensors. Except as expressly authorized by Quantgene, you may not make use of the Materials. Quantgene reserves all rights to the Materials not granted expressly in these Terms of Use.
4. Third Party Sites. The Site may contain links to third party websites. Linked websites are not under Quantgene’s control, and Quantgene is not responsible for their content.
5. Prohibited Conduct. You agree not to use the Site (i) for any illegal purpose or in violation of any local, state, national, or international law; (ii) to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right (iii) to interfere with security-related features of the Site, (iv) to interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site.
6. Modification of these Terms of Use and Site We reserve the right to change these Terms of Use on a going-forward basis at any time. Modifications are effective upon publication. Your continued access or use of the Site is your acceptance of the updated Terms of Use. Quantgene reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Quantgene will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
7. Indemnity. You agree to indemnify, defend and hold harmless Quantgene, its officers, directors, employees, agents, suppliers and third party partners (“Quantgene Entities”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.
8. Limitation of Liability. To the fullest extent permitted by law, in no event will the Quantgene Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site or any Materials or content on the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Quantgene entity has been informed of the possibility of damage. To the fullest extent permitted by law, the aggregate liability of the Quantgene entities to you for all claims arising out of or relating to the use of or inability to use the site or otherwise under these Terms of Use, whether in contract, tort, or otherwise, is limited to $10.
9. General Terms. These Terms of Use, together with the Privacy Policy available at https://www.quantgene.com/legal/privacy-policy-quantgene and any other agreements expressly incorporated by reference into these Terms of Use, are the entire and exclusive understanding and agreement between you and Quantgene regarding your use of the Site. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to”. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
10. Governing Law. These Terms of Use are governed by the laws of the State of California without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms of Use. We operate the Site from our offices in California, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
11. Additional Terms. Your use of the Site is subject to all additional terms, policies, rules or guidelines applicable to the Site or certain features of the Site that we may post or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Use.
12. Contact Information. The Site is offered by Quantgene, located at 1920 NE Stucki Ave, Ste 100, Hillsboro, OR 97006. You may contact us by sending correspondence to that address or by emailing us at contact@quantgene.com. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.