BY COMPLETING THE REGISTRATION PROCESS OR BY CLICKING THE “I ACCEPT” BUTTON UPON LOG IN, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE, HAVE THE AUTHORITY OR ARE AUTHROIZED TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS.
1. Description of Service. Quantum Leap provides web-based file sharing services. Quantum Leap enhances our Service regularly in an effort to provide you with new and updated features that help you effectively manage your company’s content. The service is provided on a subscription basis and does not constitute the license of software.
2. Updates and Amendments. We may update and amend these Terms and Conditions from time to time by posting the modified version of the Terms and Conditions on our site(s). The modified version of these Terms and Conditions will automatically become effective with respect to you after they are first posted on the site. Your continued use of this site after the updated and/or amended Terms and Conditions have been posted means you agree to be legally bound by the Terms and Conditions as modified. These Terms and Conditions were last modified as of April, 2013
4. Site Availability. Quantum Leap takes no steps to confirm the accuracy of the information provided by the Customer or the Customer’s Authorized Users. Quantum Leap may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any service, feature or data, without notice or liability to you, subject to Quantum Leap’s written agreement with you, if any.
5. Free Trial Offers Quantum Leap provides a one-time
free trial of our service. If You exceed the limits of your Free Trial, either
by exceeding storage or user limits, Quantum Leap reserves the right to terminate
your free trial before the specified end date or require you to switch to a paid
plan to continue Service.
Quantum Leap allows one free trial per Customer or Company and may terminate your trial before the specified end date or require you to switch to a paid plan to continue Service. P ayment for Service are subject to payment terms as described on our website(s).
Quantum Leap may offer promotional discounts and other trials of its products and has the right to discontinue or modify any promotions at our discretion without notice.
6.Uploaded Files and Content You retain all rights to any and all uploaded files and content. Quantum Leap shall not own, edit, disclose or monitor any content that you or your Users upload to Quantum Leap. Quantum Leap may access your account information and uploaded content to respond to technical questions or provide support or as stated in this Agreement or required by applicable law. You shall have sole responsibility for the accuracy, quality, integrity, legality and copyright of all uploaded content and files. Quantum Leap shall not be responsible or liable for the deletion, destruction, damage, or failure to store any uploaded content and files.
7. Payment of Fees Quantum Leap services
are offered for quarterly or annual fees (the “Fees”). The Fees are published
within the Quantum Leap website, www.quantumleapfilesharing.com
Quantum Leap reserves the right to change Fees and terms at any time with 30 days
prior notice to you.
Your Customer account will be considered delinquent if You fail to pay the amount billed and that amount remains unpaid at the beginning of the next billing cycle. Quantum Leap will suspend or purge your account from the Service if your account is delinquent for more than 30 days.
Quantum Leap must receive full payment for invoices 30 days following the mailing of the invoice or the Service may be terminated. Unpaid invoices are subject to interest of 1% per month on any outstanding balance or the maximum permitted by law, plus all expenses of collection. If you believe Quantum Leap has invoiced you incorrectly, you may contact Quantum Leap within 30 days of receipt of invoice.
8. Terms and Termination If Customer fails to comply with the terms of this agreement, Quantum Leap may terminate Customer accounts and use of the Service and discard of uploaded content and files within the Service. Customer may terminate your Service with 30 days notice to Quantum Leap; no refund of any unused portion of your fees will be provided.
You may request a copy of uploaded content and files for an additional fee. Request must be made within 30 days of termination. Quantum Leap will have no obligation to maintain or store uploaded content or files thereafter.
9. User Restrictions . You agree to not use any software, scheme or device to interfere or attempt to interfere with the proper working of Quantum Leap’s site. Customer may not assemble, disassemble, recompile or make any attempt to decipher code used in connection with Quantum Leap Service or technology.
If you are an Authorized User, you agree to not disclose or share your password
or user name with any third parties or use your password or user name for any unauthorized
Customer agrees to not use this Service to violate laws including the following: All judgments of these restrictions or violations are at the sole discretion of Quantum Leap.
(a)No Offensive Content. You agree that you will not use, or allow others to use the Quantum Leap service, to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.
(b)No Illegal Material Or Encouragement Of Illegal Behavior. You agree that you will not use, or allow others to use, this service to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.
(c)No Violation Of Copyright, Trademark Or Trade Secret Rights. You agree that you will not use the site to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
(d)No“Spamming,” Advertisements Or Chain Letters. You agree that you will not use, or allow others to use your [account] or use the information available through this site, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes. Except as specifically permitted by this site, you will not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
(e) No“Hacking.” You agree that you will not use, or allow others to use this service, to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
(f) No Impersonation Of Others. You agree that you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
(g)No“Viruses.” You agree that you will not use, nor allow others to use, your account to intentionally transmit computer “viruses,” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
(h)Quantum Leap’s Right To Remove. Quantum Leap reserves the right not to post any data or materials to, or to remove any data or materials from, its site, without notice to a user and without liability to Quantum Leap. You agree to release Quantum Leap from any claims or allegations that may result from such removal. Further, you agree to release Quantum Leap from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law or of this or other agreements with Quantum Leap. If you are a California resident, you waive California Civil Code § 1592, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10. Copyright and Use of Materials. The information and materials on this website created and provided by Quantum Leap are protected under United States copyright laws and world-wide copyright laws and treaty provisions and are owned by Quantum Leap. You must obtain the permission of Quantum Leap, to make any other use of the materials. You may not distribute, transmit, reuse, report or use the Quantum Leap content of this site for public or other commercial purposes. In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of Quantum Leap.
11. Trademarks. “Quantum Leap®" are service marks of Quantum Leap LLC and are protected under state and federal law.
12. NO WARRANTY. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEB SITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF NATURE AND/OR CONTINUOUSLY EVOLVING TECHNOLOGY. THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE. FURTHER, WE PROVIDE THIS WEBSITE AND OUR SERVICES HEREUNDER "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED. UNLESS OTHERWISE NOTED, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
13. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE (OR ANY OF OUR MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.
If you are a California resident, you waive California Civil Code 1592, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
14. Compliance with Laws. You agree to comply with all applicable local, state, national and foreign laws, statutes, ordinances and regulations regarding your use of our Service and any purchase of goods and/or Services through this site.
15. Notices. If you want to send us a notice in relation to these Terms and Conditions, you must send it by e-mail to the following address: firstname.lastname@example.org. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to your most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing.
16. Governing Law. You agree that these Terms and Conditions are governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase of products or services through, our site shall be an appropriate federal or state court located in Louisville, Kentucky.
17. Additional Terms. Quantum Leap and Customer are independent contractors. This Agreement does not create a partnership, joint venture, agency, employment or fiduciary relationship between the parties.
All questions concerning this agreement should be directed to: Quantum Leap, 9720 Park Plaza Ave, Suite 201, Louisville, KY 40241, Attention: Administration