a. Product details. The Quanogen Platform is designed to enable you to determine what cosmetic and skincare products to use, help you track your results and understand them, by making use of the technology available on your mobile device(s), data published in scientific literature, and your personal experience with various other cosmetic and skincare products. You understand that Quanogen does not score products, but rather tries to identify how good of a match a certain product is for your skin, given the product’s ingredients, the personal characteristics of your skin as provided by you in the Quanogen skin assessment quiz, and the scientific literature available to us at any given point in time. This means that the same product will not fit every user the same way. For example, because of differences in your profiles, the same product could be a great fit for you, but not a great fit for another user. You also understand that the user-product fit is dynamic and may change from time to time to reflect any additional information, including but not limited to newly available research, changes in your skin or circumstances, and any feedback regarding your experience with that certain product or other products with similar ingredients. Thus, the same product may turn out to have a different fit level for you at different points in time, due to changing parameters, such as those in your profile.
b. No medical advice. The information and materials presented and made available through the Quanogen Platform are intended solely for personal informational and educational purposes, and you should never mistake them for medical advice. The statements made throughout the Quanogen Platform about any products, including but not limited to statements related to product-user fit, as well as beneficial or problematic ingredients a product may contain, have not been evaluated by the F.D.A.. You should keep in mind that different people will react in different ways to the same product, and you may still have an unexpected reaction even to a product that appears to be a 100% fit for you. Quanogen is not responsible for any skin issues or health problems that may result from your use of any product you learn about through the Quanogen Platform. The information presented and any statements made throughout the Quanogen Platform, including but not limited to any product-user fit, do not constitute medical advice, or any attempt to treat or diagnose skin issues, diseases or conditions. Quanogen does not provide answers to medical questions, and you should not use the Quanogen Platform to find answers to any medical questions. You should not use any prescription medication or medical treatment referred to in the Quanogen Platform unless your doctor directs you to do so. Such information, if referred to in the Quanogen Platform has an informational and educational purpose only, meant at most to facilitate communication with your healthcare provider, and not meant in any way, shape or form to substitute medical advice, prescribe, or suggest that you should use any kind of medication or medical treatment. You should always consult your healthcare provider before relying on any information provided through the Quanogen Platform, or using any products displayed, presented, mentioned, referred to, reviewed or matched to you in the Quanogen Platform.
c. Manufacturer’s instructions and product ingredients. Even if Quanogen provides “how to use” instructions for some products, these instructions are provided solely for your convenience and are not meant to replace the manufacturers’ instructions. You should always use any product according to the instructions and guidelines provided by the manufacturer. Quanogen cannot guarantee the accuracy or currentness of the information provided or any analysis based on such information, including but not limited to the personalized product-user fit. You should always check and make sure that the ingredients listed for any product in the Quanogen mobile app, match the ingredients on the product’s packaging, as ingredients may change over time and the information regarding a certain product’s ingredients may no longer be accurate. We are constantly trying to improve the accuracy of the information in the Quanogen Platform, so if you do notice discrepancies between the ingredients on a product’s packaging and the information displayed in Quanogen, you should use the feedback feature in the app to let us know. Always check the ingredients on the actual product’s packaging to avoid potential allergic reactions.
The Quanogen Platform requires use of data services, which may be associated with data usage fees. You are solely responsible for any data usage fees that may stem from your use of the Quanogen Platform on your mobile device(s), as well as any other fees your wireless carrier may charge in connection with your use of the Quanogen Platform.
a. Age restriction. You must be at least 18 years of age to use the Quanogen Platform. You represent and warrant that you are at least 18 years old.
b. Account and Password. Full use of the Quanogen Platform, requires that you set up a user account (“Account”). To do that, you must provide certain information such as your name or nickname, a valid email address, and other information such as your date of birth, as well as create a password (“Password”). You must not transfer or share your Password or Account with anyone. You are responsible for maintaining the confidentiality of your Password or Account and for all activities that occur in association with your Account. If you become aware of any unauthorized use of your Password or Account, you agree to notify us immediately. We reserve the right to take any and all action, as we deem necessary, regarding the security of the Quanogen Platform and your Password or Account, including the right to disable any account, password or other identifier at any time, for any or no reason. Under no circumstances will Quanogen be held liable to you or anyone else for any liabilities or damages resulting from or arising out of your use of our Quanogen Platform, your use of your Password or Account, the use of the Quanogen Platform by anyone else using your Account and Password, or your release of your Password or Account to a third party.
c. Log-in options. If you choose to enable the “Keep me signed-in” option in the application’s Settings section, you understand that anyone who gains access to your mobile device(s) could be able to access, view, modify and use your account. Should you choose to enable the “Keep me signed-in” option, we recommend that you also enable the passcode-lock feature on your mobile device(s) to prevent unauthorized access to your Account. You understand that it is your responsibility to prevent unauthorized access to your Account. Under no circumstances will Quanogen be held liable to you for any liabilities or damages resulting from or arising out of your decision to enable the “Keep me signed-in” option and subsequent failure to prevent unauthorized access to your device and Account.
Subject to your compliance with the terms and conditions of this Agreement, Quanogen hereby grants you a limited, non-exclusive, revocable, nontransferable, non-sublicensable right to access the Quanogen Platform and use it on your mobile device(s) solely for your personal non-commercial use. To maintain the right to keep using our Quanogen Platform, you shall not, and shall not facilitate or authorize any attempt by a third party to:
(a) interfere or disrupt the functioning of the Quanogen Platform through any means;
(b) breach, evade, inactivate or otherwise interfere with any of the security features incorporated in the Quanogen Platform, or any features that restrict or enforce limitations on the use of any part of the Quanogen Platform;
(c) copy, modify, reverse engineer, disassemble, decompile, tamper with or otherwise attempt to derive the source code of any software that is provided as part of the Quanogen Platform, or any other part of the Quanogen Platform;
(d) publicly display, perform, reproduce, duplicate, publish, license, sell, resell, transmit or otherwise distribute the Quanogen Platform or any part of it to any third party;
(e) incorporate the Quanogen Platform or any part of it into another Quanogen Platform, app or website, by any means;
(f) create derivative works based on or reverse-engineer the Quanogen Platform or any parts of it;
(g) use the Quanogen Platform in any unlawful manner, or in any manner that is harmful, defamatory, hateful, abusive, vulgar, obscene, harassing, or otherwise offensive to any other person or entity;
(i) interfere with or prevent any other user from using or accessing the Quanogen Platform;
(j) impersonate another person or entity, or share or post personally identifiable information or other private information about another person without their consent;
(k) use the Quanogen Platform to distribute unsolicited or unauthorized communications, advertising, promotional materials, spam, or any other form of solicitation;
(l) access or tamper with non-public areas of the Quanogen Platform by any means, or attempt to obtain any data or information other than that intentionally made available through the Quanogen Platform;
(m) use the Quanogen Platform to collect or use any data or content that violates any third-party right; or
b. Third-Party Products. Quanogen may display information related to, recommend or otherwise reference third-party products, as well as allow you to use digital third-party products within the Quanogen Platform. Quanogen does not endorse or make any representation or warranty related to any third-party products, and the entire risk associated with the use of such third-party products or reliance on information related to such third-party products rests solely with you.
Quanogen owns all copyrights in the mobile application, the design, logos, texts, graphics, icons, images, videos, and all other original works of authorship created by Quanogen and displayed in the Quanogen mobile app, as well as their arrangement and selection, which may also be protected by other intellectual property rights. The compilation of all the content in the Quanogen mobile app is the property of Quanogen and is protected by US and international copyright laws. The software associated with the Quanogen Platform is protected by US and international copyright laws, and Quanogen owns the copyright in it. Quanogen is also the owner of any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from our Quanogen Platform, as well as any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights derived from the Quanogen Platform. Quanogen and other entities own the logos, names and all other materials displayed in the Quanogen Platform that may constitute trademarks, trade names, service marks or logos (“Marks”). You shall not use any such Marks, without Quanogen’s express authorization in the case of Marks that Quanogen owns, or the express authorization of the entities that own such Marks, in the case of Marks that other entities own, displayed in the Quanogen Platform.
If you submit any content through the Quanogen Platform, such as content related to new products you submit through the app, for example, and unless we indicate otherwise, you grant Quanogen a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Quanogen and sublicensees the right to use the information you submit in connection with such content, if they choose.
QUANOGEN IS PROVIDING THE QUANOGEN PLATFORM TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND YOU ARE USING THE APPLICATION VOLUNTARILY AND AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, QUANOGEN EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, RELIABILITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGEMENT, ABILITY TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT YOUR USER INFORMATION WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, OR THAT THE INFORMATION PROVIDED THROUGH THE QUANOGEN PLATFORM IS ACCURATE, COMPLETE OR CURRENT. QUANOGEN ALSO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH OUR QUANOGEN PLATFORM BY A THIRD PARTY. IN ADDITION, QUANOGEN DOES NOT REPRESENT OR WARRANT THAT MATERIALS AND INFORMATION IN THE APPLICATION WILL NOT INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR THAT THE QUANOGEN PLATFORM WILL FUNCTION WITHOUT DELAYS, INTERRUPTIONS, INTERFERENCES, ISSUES, OR ANY OTHER ADVERSE INCIDENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SUCH AS IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE CONTENT THAT YOU POST THROUGH THE QUANOGEN PLATFORM, AND THAT USE OF THE CONTENT YOU SUPPLY DOES NOT VIOLATE THIS POLICY. QUANOGEN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT SUBMITTED BY YOU OR ANY THIRD PARTY.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL QUANOGEN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU OR ANY USER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMMISSIONS, LAWS OR REGULATIONS, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO QUANOGEN\'S RECORDS, PROGRAMS OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE APPLICATION AND THE QUANOGEN PLATFORM.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUANOGEN AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SO SOME OF THE LIMITATIONS OF THE FOREGOING SECTIONS MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, AS IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS WITH QUANOGEN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM QUANOGEN.
a. Governing Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
b. Informal Dispute Resolution. Should a dispute arise between you and Quanogen, our customer service team will try to provide you with a resolution. Before filing a claim against Quanogen, you agree to try and resolve the dispute informally by contacting our customer service. To reach our customer service, email us at email@example.com. If the dispute cannot be solved by our customer service team, we shall proceed with the resolution of the dispute as described below in Sections 12(C) and 12(D).
d. No Class Actions. You may only resolve disputes with Quanogen on an individual basis and not as part of any class, consolidated or representative action, including but not limited to class actions, class arbitrations, consolidation with other arbitrations, or private attorney general actions.
e. Limitation on claims. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE QUANOGEN PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE PERMANENTLY BARRED.
b. Headings. The headings and subheadings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
c. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
d. Waiver. Quanogen’s failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall not operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
f. Electronic Notices. You agree to the use of electronic documents and records in connection with your registration, future transactions and communications involving the Quanogen mobile app and our Quanogen Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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