Terms of Service

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 5/24/18.


ACCEPTANCE OF TERMS


The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with QBIX Analytics, also known
as QBIX, located at 303 Twin Dolphin Dr, Redwood City, California 94065 and our subsidiaries and
affiliates, in association with the use of the QBIX website, which includes www.qbixanalytics.com, (the
"Site") and its Services, which shall be defined below.


DESCRIPTION OF WEBSITE SERVICES OFFERED


The Site is company website which has the following description:
To promote and share information about our services with prospective clients and partners.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the
purpose of this TOS.


The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of QBIX Analytics. At its discretion, QBIX Analytics may offer additional
website Services and/or products, or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. QBIX Analytics does hereby reserve the right to cancel and
cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge,
accept and agree that QBIX Analy#csshall not be held liable for any such updates, modifica#ons, revisions,
suspensions or discon#nuance of any of our Services and/or products. Your con#nued use of the Services
provided, a'er such pos#ng of any updates, changes, and/or modifica#ons shall cons#tute your acceptance of
such updates, changes and/or modifica#ons, and as such, frequent review of this Agreement and any and all
applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently
in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided
Services forthwith.


Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS"
and as such QBIX Analy#csshall not assume any responsibility or obliga#on for the #meliness, missed delivery,

deletion and/or any failure to store user content, communication or personalization settings.


PRIVACY POLICY


Every member's registration data and various other personal information are strictly protected by the QBIX
Analytics Online Privacy Policy (see the full Privacy Policy at www.qbixanalytics.com/privacypolicy). As
a member, you herein consent to the collection and use of the information provided, including the transfer
of information within the United States and/or other countries for storage, processing or use by QBIX
Analytics and/or our subsidiaries and affiliates.


INTERSTATE COMMUNICATION


Upon registration, you hereby acknowledge that by using www.qbixanalytics.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading
of files, photos and/or videos, you will be causing communications to be sent through our computer
network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that
the use of this Service shall result in interstate transmissions.


CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE


Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.


CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES


QBIX Analytics shall not lay claim to ownership of any content submitted by any visitor or user, nor make
such content available for inclusion on our website Services. Therefore, you hereby grant and allow for
QBIX Analytics the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

 

a) The content submitted or made available for inclusion on the publicly accessible areas of QBIX
Analytics's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available
for viewing. This license shall be available so long as you are a member of QBIX Analytics's sites,
and shall terminate at such time when you elect to discontinue your membership.


b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of QBIX Analytics's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of QBIX Analytics's sites and shall terminate at such time when you elect to discontinue
your membership.


c) For any other content submitted or made available for inclusion on the publicly accessible areas of
QBIX Analytics's sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of QBIX Analytics's sites are those such
areas of our network properties which are meant to be available to the general public, and which would
include message boards and groups that are openly available to users. However, those areas which are not
open to the public, and thus available to members only, would include our mail system and instant
messaging.

 

CONTRIBUTIONS TO COMPANY WEBSITE


QBIX Analytics provides an area for our users to contribute feedback to our website. When you submit
ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree
that:


a) your contributions do not contain any type of confidential or proprietary information;
b) QBIX shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) QBIX shall be entitled to make use of and/or disclose any such Contributions in any such manner as
they may see fit;
d) the contributor's Contributions shall automatically become the sole property of QBIX; and
e) QBIX is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.

 

INDEMNITY


All users herein agree to ensure and hold QBIX Analytics, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but
is not limited to, reasonable attorney fees made by any third party which may arise from any content a user
of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of
QBIX Services or your connection with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.


COMMERCIAL REUSE OF SERVICES


The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to QBIX's sites.


MODIFICATIONS


QBIX Analytics shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.


ADVERTISERS


Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that QBIX
Analytics shall not be held responsible or liable for any loss or damage of any nature or manner incurred as
a direct result of any such dealings or as a result of the presence of such advertisers on our website.


LINKS


Either QBIX Analytics or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that QBIX Analytics shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the
use of or the reliance on any such content, goods or Services made available on or through any such site or
resource.


PROPRIETARY RIGHTS


You do hereby acknowledge and agree that QBIX Analytics's Services and any essential software that may
be used in connection with our Services ("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge
and agree that any Content which may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary

rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized
by QBIX Analytics or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
QBIX Analytics Services (e.g. Content or Software), in whole or part.


QBIX Analytics herein has granted you personal, non-transferable and non-exclusive rights and/or license
to make use of the object code or our Software on a single computer, as long as you do not, and shall not,
allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein
agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by QBIX Analytics for use in
accessing our Services.


WARRANTY DISCLAIMERS


YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:


a) THE USE OF QBIX ANALYTICS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY
YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR
"AS AVAILABLE" BASIS. QBIX ANALYTICS AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.

 

b) QBIX ANALYTICS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) QBIX
ANALYTICS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) QBIX
ANALYTICS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE
USE OF THE QBIX ANALYTICS SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.


c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF QBIX ANALYTICS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR
SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.

 

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM QBIX ANALYTICS OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.


e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.


LIMITATION OF LIABILITY


YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT QBIX ANALYTICS
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,
DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED
OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:


a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.


RELEASE


In the event you have a dispute, you agree to release QBIX Analytics (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected
or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.


SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

 

Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. QBIX Analytics's
content is provided primarily for informational purposes, and no content that shall be provided or included
in our Services is intended for trading or investing purposes. QBIX Analytics and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.


EXCLUSION AND LIMITATIONS


THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.


THIRD PARTY BENEFICIARIES


You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.


NOTICE


QBIX Analytics may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be hereinafter developed. Any
such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.


TRADEMARK INFORMATION


You herein acknowledge, understand and agree that all of the QBIX Analytics trademarks, copyright, trade
name, service marks, and other QBIX Analytics logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of QBIX Analytics. You herein agree
not to display and/or use in any manner the QBIX Analytics logo or marks without obtaining QBIX
Analytics's prior written consent.


COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES


QBIX Analytics will always respect the intellectual property of others, and we ask that all of our users do
the same. With regards to appropriate circumstances and at its sole discretion, QBIX Analytics may disable
and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute copyright infringement, or if

you believe your intellectual property rights have been otherwise violated, you should provide to us the
following information:


a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;


f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The QBIX Analytics Agent for notice of claims of copyright or other intellectual property infringement can
be contacted as follows:


Mailing Address:
QBIX Analytics
Attn: Copyright Agent
303 Twin Dolphin Dr
Redwood City, California 94065
Telephone: 650-200-6515
Email: info@qbixanalytics.com


CLOSED CAPTIONING


BE IT KNOWN, that QBIX Analytics complies with all applicable Federal Communications Commission
rules and regulations regarding the closed captioning of video content. For more information, please visit
our website at www.qbixanalytics.com.


GENERAL INFORMATION
ENTIRE AGREEMENT


This TOS constitutes the entire agreement between you and QBIX Analytics and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to QBIX Analytics
Services. You may also be subject to additional terms and conditions that may apply when you use or
purchase certain other QBIX Analytics Services, affiliate Services, third-party content or third-party
software.


CHOICE OF LAW AND FORUM

‚Äč

It is at the mutual agreement of both you and QBIX Analytics with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of California without regard to its conflict of
law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the
TOS, or the relationship between you and QBIX Analytics, shall be filed within the courts having
jurisdiction within the County of San Mateo County, California or the U.S. District Court located in said
state. You and QBIX Analytics agree to submit to the jurisdiction of the courts as previously mentioned,
and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and
to venue in such courts.


WAIVER AND SEVERABILITY OF TERMS


At any time, should QBIX Analytics fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.


STATUTE OF LIMITATIONS


You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said
claim or cause of action arose or shall be forever barred.


VIOLATIONS


Please report any and all violations of this TOS to QBIX Analytics as follows:
Mailing Address:
QBIX Analytics
303 Twin Dolphin Dr
Redwood City, California 94065
Telephone: 650-200-6515
Email: info@qbixanalytics.com

 

Copyright 2018 QBIX Analytics | 303 Twin Dolphin Drive, Redwood City, CA 94065 | Terms of Service | Privacy & Cookie Policy

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