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Terms of Use
November 2020
What you can expect from our site and what we expect from you
Applicability
These Terms of Use apply to the website owned, operated, and maintained by or on behalf of Qwake Technologies, LLC (“Qwake Technologies”, “Qwake”, “we”, or “us”). This webpage (together with the other policies referred herein) informs you of the terms and conditions governing your use of Qwake Technologies’ website (the “Site”). Use of the Site includes accessing, browsing, linking to or registering with the Site.
Third Party Links
Portions of the Site may contain links to other websites and resources provided by third parties.
In addition, portions of the Site may be electronically hosted by other third-party service providers. Qwake Technologies has, unless explicitly indicated otherwise, no control over the content or functionality of those sites and resources. Qwake Technologies does not endorse, guarantee, or make any representations or warranties regarding any other website, content, or materials or information accessible from any other website.
Qwake Technologies’ Intellectual Property
Qwake Technologies is the owner or the licensee of the Site, all content of the Site, and all the material published on the Site, as well any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”). Qwake Technologies owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names. Except as expressly authorized by Qwake Technologies, you agree not to use, sell, license, rent, modify, copy, reproduce, transmit, publicly display, or otherwise distribute Qwake Technologies’ Content. The Content is protected by copyright and other intellectual property laws, regulations and treaties around the world. All such rights under these laws are fully reserved by Qwake Technologies.
Indemnity
You agree to defend, indemnify and hold harmless Qwake Technologies, its affiliates and its and their respective officers, members, shareholders, directors, employees, agents and representatives immediately on demand, against all claims, liabilities, damages, costs, and expenses, including legal fees, arising out of or related to your use of the Site or any breach of these Terms of Use by you or anyone acting on your behalf.
Children’s Online Privacy Protection Act
The Site is not designed or intended to collect information from children under the age of 13. Qwake Technologies does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children`s Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian.
Limitation of Liability
Subject to any limitation required by applicable law, We assume no responsibility for, and shall not be liable for, any direct, indirect, incidental, consequential, or punitive damages, or any other losses, costs, or expenses of any kind which may arise, directly or indirectly, through your access and use of THE Site. This extends to your downloading, UPLOADING OR SUBMISSION of any materials, data, text, images, video or audio from OR TO this Site, including but not limited to any issues caused by viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In the event of any problem with this Site, you agree that your sole remedy is to cease using the Site.
No Reliance on Information
Qwake Technologies’ Site provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the Content. Qwake Technologies is not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies.
Content Standards
The content standards apply to any and all material which you contribute to the Site or any interactive service associated with the Site. Contributions must be accurate and lawful, and must not contain material, which is defamatory, obscene, offensive, hateful, sexually explicit, violent, infringing on intellectual property rights, promoting of discrimination, misrepresentative of actual identity, or otherwise deemed inappropriate by Qwake Technologies. We may take any action we reasonably deem necessary to cure or prevent any violation of these standards, including removal from this Site. In addition, we will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals.
General Provisions
THE FOLLOWING TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AND SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC SUBSECTION OF THIS SITE CONSTITUTE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE.
Please read these Terms of Use carefully before you start to use the Site, as they will apply to your use of and access to the Site. Each time you use the Site, you confirm you accept these Terms of Use and you agree to comply fully with them. If you do not agree to these Terms of Use, you must not use or access the Site and must leave the Site immediately.
These Terms of Use may be revised by us at any time without notice. In addition, we reserve the right to modify any content presented on any page of the Site. Please check this webpage from time to time to note any changes made to these Terms of Use, as they are binding on your use and access of the Site.
Severability
If any competent legal authority determines any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated and the remainder of these Terms of Use will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
No Warranties
THE SITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR ANY MATERIALS PUBLISHED ON THE SITE.
Specifically, without limitation, Qwake Technologies does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects.
In addition, it is your responsibility to check that the Site’s content is accurate and/or complete. The Site may be updated from time to time and may change its content at any time. Although Qwake Technologies makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.
Local Regulatory Restrictions
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. Qwake Technologies reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
Accessing and Using the Site
It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. Qwake Technologies will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons to whom you provide access to the Site are made fully aware of these Terms of Use and other applicable terms and conditions, and that they comply fully with them.
You may only use the Site for lawful purposes. You acknowledge and agree you may not use the Site.
Applicable Law and Class Action Waiver
These Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of the State of California. Qwake Technologies and you consent to the jurisdiction of the California courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS OF USE SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.
Digital Millennium Copyright Act Notice
Should you believe that any material on this Site infringes on your copyright rights, please contact Qwake Technologies’ designated agent for Digital Millennium Copyright Act notice at: Legal Department at Qwake Technologies, LLC Email address: legal@qwake.com In your notice, please: Include your physical or electronic signature; Identify the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works; Identify the material that you claim to be infringing, and where the material is located on the Site; Include your address, telephone number, and email address; Include a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or applicable law; and Include a statement, under penalty of perjury, that the information in your notice is true and accurate and submitted in good faith. If the notice is submitted on your behalf by another person, the notice should contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
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