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Terms of Use

Effective Date: 9/23/18 

Last Updated Date: 4/05/19

 

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. AMONG OTHER PROVISIONS, THIS DOCUMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER.

CONTRACT

These Terms of Use (Terms) govern your use of the website located at www.missquantum.com (Website). You accept the Terms as they apply whenever you access the Website, and accessing the Website forms a contract between MISSQUANTUM.COM (we, us, our) and persons who access the Website (you).

You understand that the Website and the Services are evolving. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY MISSQUANTUM.COM IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, MISSQUANTUM.COM will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the "Last Updated" date at the top of these Terms of Use. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have a registered account on the Website (each, a "Registered User") upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. MISSQUANTUM.COM may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. You can contact us via email here.

The information provided on this site and in our courses and seminars is is not psychiatric, financial nor investment advice and should not replace the advice, therapy or treatment of a licensed mental health professional or licensed financial officer.

Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.

LICENSE TO USE THE SITE

We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this agreement.You may access the Website using a publicly available web browser commonly used to view websites, and you may print a copy of any page within the site for your personal non-commercial use. You acknowledge and agree that we may alter or cease the operation of the Website at any time in our sole discretion, and the Website may be unavailable from time to time, including for maintenance purposes.

​Registration Data

In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the MISSQUANTUM.COM or the Services by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or MISSQUANTUM.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MISSQUANTUM.COM has the right to suspend or terminate your Account and refuse any and all current or future use of the Footage Firm Materials and/or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. MISSQUANTUM.COM reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the MISSQUANTUM.COM Materials and/or the Services if you have been previously removed by MISSQUANTUM.COM, or if you have been previously banned from the Services.

Activities.

You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify MISSQUANTUM.COM immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

Necessary Equipment and Software.

You must provide all equipment and software necessary to connect to the MISSQUANTUM.COM Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use the MISSQUANTUM.COM Materials and the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the MISSQUANTUM.COM Materials and the Services.

No Obligation to Pre-Screen Content.

You acknowledge that MISSQUANTUM.COM has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although MISSQUANTUM.COM reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that MISSQUANTUM.COM pre-screens, refuses or removes any Content, you acknowledge that MISSQUANTUM.COM will do so for MISSQUANTUM.COM's benefit, not yours. Without limiting the foregoing, MISSQUANTUM.COM shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

Other Content.

Except with respect to Your Content or the license rights granted in the Terms, you agree that you have no right or title in or to any Content that appears on or in the Website, or the Services.

Unauthorized Use or Access. You agree that you will not, under any circumstances:

• Interfere or attempt to interfere with the proper functioning of the Website or Services or connect to or use the Website, Services or MISSQUANTUM.COM Materials in any way not expressly permitted by the Terms;

• Systematically retrieve data or other content from our Website, Services or MISSQUANTUM.COM Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• Use, display, mirror or frame the Website, Services or  Materials, orMISSQUANTUM.COM any individual element within the Website, Services, or  Materials, MISSQUANTUM.COM, without MISSQUANTUM.COM's express written consent;

• Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyzer, packet sniffer or other device;

• Make any automated use of the Website, Services, or MISSQUANTUM.COM Materials, or take any action that imposes or may impose (in MISSQUANTUM.COMs sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website, Services or MISSQUANTUM.COM Materials;

• Bypass any robot exclusion headers or other measures MISSQUANTUM.COM takes to restrict access to the Website, Services or MISSQUANTUM.COM Materials or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, Services or MISSQUANTUM.COM Materials or harvest or manipulate data;

• Use, facilitate, create, or maintain any unauthorized connection to the Website, Services or MISSQUANTUM.COM Materials, including, but not limited to: (a) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website, Services or MISSQUANTUM.COM Materials; or (b) any connection using programs, tools or software not expressly approved by MISSQUANTUM.COM;

• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, Services or  Materials, or to obtain any information from the Website, Services or  MMISSQUANTUM.COM Materials;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website or Services; or

• Solicit or attempt to solicit personal information from other users of the Website, Services or MISSQUANTUM.COM Materials.

POSTING INFORMATION & COMMENTS

 

You must not:

(a) alter the Website in any way except as permitted by these Terms

(b) upload any data to the Website other than to submit text in a text form provided for that purpose

 

General.

In connection with your use of the Website, Services, and MISSQUANTUM.COM Materials, you shall not, except as expressly permitted in the Terms:

• Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;

• Harm minors in any way;

• Impersonate any person or entity, including, but not limited to, MISSQUANTUM.COM personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

• Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; Register for more than one Account or register for an Account on behalf of an individual other than yourself; or

• Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

 

By posting or adding any content to the Website or posting or making comments during webinars conducted by us, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation, and you permit us to authorize any other person to do the same thing. You consent to anything which we may do or not do in relation to your content which would otherwise be in breach of your moral rights. This includes that we may use your content without attributing you as the source of your content.

If you email us, unless you specify otherwise, you grant us the same rights in relation to the email. You warrant to us that you have the right to grant any rights, licenses, consents or waivers required under these Terms.

Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to MISSQUANTUM.COM through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that MISSQUANTUM.COM has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MISSQUANTUM.COM a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and the Services.

Commercial Activities.

You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms and, by incorporation, the Privacy Policy) engage in any commercial activities through the Website or the Services, including: • Reproducing, duplicating, coping, selling, or exploiting for any commercial purpose any portion of the Website, Services (including your Account), MISSQUANTUM.COM Materials, or access to or use of the Website, Services or MISSQUANTUM.COM Materials; Uploading, e-mailing, transmitting or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or marketing any goods or services for any business purposes.

User Responsibility.

You are solely responsible for all your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that MISSQUANTUM.COM reserves the right, but has no obligation, to intercede in such disputes. You use all User Content and interact with other Users at your own risk; provided, however, that you have the right to notify MISSQUANTUM.COM of any violations of these Terms and MISSQUANTUM.COM will take appropriate action in such cases. Your interactions with other Users are solely between you and the other User and we are under no obligation to become involved. You agree that MISSQUANTUM.COM will not be responsible for any liability incurred as the result of such interactions. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT MISSQUANTUM.COM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.

Service Subscription/Membership Fees.

You will be responsible for payment of the applicable fee for any Services (each, a "Service Subscription Fee") at the time you create your Account and select your package (each, a "Service Commencement Date"). Except as set forth in these Terms, all fees for the Services are non-refundable. No contract will exist between you and MISSQUANTUM.COM for the Services until MISSQUANTUM.COM accepts your order by a confirmatory e-mail or other appropriate means of communication.

Taxes.

MISSQUANTUM.COM fees are net of any applicable Sales Tax. If any Services, or payments for any goods or services, under this Agreement are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify MISSQUANTUM.COM for any liability or expense MISSQUANTUM.COM may incur in connection with such Sales Taxes. For purposes of this Agreement, "Sales Tax" shall mean any sales tax, use tax, value-added tax, duty, and any other tax measured by sales proceeds, that MISSQUANTUM.COM is permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxiing jurisdiction does not otherwise impose a sales or use tax. MISSQUANTUM.COM may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. The country you indicate for subscription shall be considered your country of residence for tax purposes. If you reside in a jurisdiction where the responsibility to collect and assess taxes lies with the recipient of the service, you will appropriately self-assess for such taxes and meet all associated compliance responsibilities.

 

PRIVACY

You agree that we will collect and manage your personal information supplied to us in accordance with our Privacy Policy. You agree to our Privacy Policy available at http://www.missquantum.com/privacy-policy

LINKS TO THIRD PARTY WEBSITES

The Website includes links to other websites that are operated by third parties. We are not responsible for and do not sponsor, endorse or approve the content or operation of those websites or any products, services or information contained in them or offered by them. You should review the privacy policy and terms and conditions of use of those websites when you visit them.

 

INTELLECTUAL PROPERTY

 

Unless otherwise indicated, all materials on the Website, including text, graphics, design, names, logos, photographs and underlying software are protected by copyright owned or licensed by us, and you acknowledge and agree that this is the case.

Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these Terms unless authorized in writing.

We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:

(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);

(b) it is for your personal, non-commercial use;

(c) it is used for a lawful purpose; and

(d) the material is appropriately attributed to us or the source.

TRADEMARKS

Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission of us or the third-party owner.

 

NO SPAM

Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.

INDEMNIFICATION

You agree to indemnify and hold MISSQUANTUM.COM Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website or the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. MISSQUANTUM.COM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MISSQUANTUM.COM in asserting any available defenses. This provision does not require you to indemnify any of the MISSQUANTUM.COM Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account or the Services.

DISCLAIMERS

We take care in creating the information and material on the Website but make no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content.

THE MISSQUANTUM.COM PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED.

 

We do not guarantee that any data, file or program available for download from or via the Website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs and files on the Website. Prior to using any downloaded file you should carry out an appropriate virus check. You agree that it is impossible for MissQuantum.com to monitor such materials and that you access these materials at your own risk.

We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus.

LIMITATION ON LIABILITY

When you acquire services from us,

(a)under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website; (b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.
 

For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the United States Law.

International Users.

This Website can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that MISSQUANTUM.COM intends to announce such services or Content in your country. The Website and Services are controlled and offered by MISSQUANTUM.COM from its facilities in the United States of America. MISSQUANTUM.COM makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Electronic Communications.

The communications between you and MISSQUANTUM.COM use electronic means, whether you visit the Website or send MISSQUANTUM.COM e-mails, or whether MISSQUANTUM.COM posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from MISSQUANTUM.COM in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MISSQUANTUM.COM provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Assignment.

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MISSQUANTUM.COM's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

 

Force Majeure. 

MISSQUANTUM.COM shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

Dispute Resolution.

If you believe that MISSQUANTUM.COM has not adhered to these Terms, please contact MISSQUANTUM.COM by emailing us at missq@missquantum.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

 

Choice of Law and Venue.

This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, without giving effect to any conflict of laws principles that require the application of the law of a different state, consistent with the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Limitations Period.

YOU AND MISSQUANTUM.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, THE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION.

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with MISSQUANTUM.COM and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a) Applicability of Arbitration Agreement. All claims and disputes in connection with these Terms or the use of any product or service provided by MISSQUANTUM.COM that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and MISSQUANTUM.COM, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

(b) Arbitration Rules.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in Washington, D.C., unless the parties agree otherwise). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

(c) Additional Rules for Non-appearance Based Arbitration.

If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. (d) Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and MISSQUANTUM.COM, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MISSQUANTUM.COM.

(e) Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and MISSQUANTUM.COM in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MISSQUANTUM.COM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 

(f) Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTRIBUTOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Lake County or Cook County, Illinois.

 

(g) Confidentiality.

No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

 

(h) Severability.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Right to Waive.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. (j) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with MISSQUANTUM.COM.

 

(k) Small Claims Court.

Notwithstanding the foregoing, either you or MISSQUANTUM.COM may bring an individual action in small claims court.

 

(l) Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Lake County or Cook County, Illinois, for such purpose.

Choice of Language.

It is the express wish of the parties that these Terms and all related documents have been drawn up in English. C'est law expresse des parties presente convention que les documents qui rattacent rediges en anglais.

 

Notice.

Where MISSQUANTUM.COM requires that you provide an e-mail address, you are responsible for providing MISSQUANTUM.COM with your most current e-mail address. In the event that the last e-mail address you provided to MISSQUANTUM.COM is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, MISSQUANTUM.COM's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

 

Waiver.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

Export Control.

You may not use, export, import, or transfer the MISSQUANTUM.COM Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the MISSQUANTUM.COM Materials, and any other applicable laws. In particular, but without limitation, the MISSQUANTUM.COM Materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the MISSQUANTUM.COM Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the MISSQUANTUM.COM Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by MISSQUANTUM.COM are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer MISSQUANTUM.COM products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

JURISDICTION

These Terms are governed by and to be construed in accordance with the laws of Illinois and the United States of America. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Cook County and/or Lake County Illinois. If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

Entire Agreement.

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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