THE FOLLOWING DESCRIBES THE TERMS ON WHICH QUANTUM
GATEWAY OFFERS YOU ACCESS TO OUR SERVICES
- ACKNOWLEDGEMENT AND ACCEPTANCE OF ACCEPTABLE
USE GUIDELINES
Quantum Services, LLC (hereinafter known as "Company"),
maintains this website (the "Site") as a
service to its customers. By using the Site or any
current or future service(s) provided to you by the
Company (collectively the "Services") in
accordance with an applicable service agreement ("Service
Agreement(s)"), you are agreeing to comply with
and be bound by the terms and conditions of these
Acceptable Use Guidelines and any operating rules,
regulations, policies, and procedures that may be
modified from time-to-time on the Site (collectively,
the "Terms"). The Terms govern your access
to and use of the Site, the Services and any information,
products, software, and/or features made available
to you. If you are using the Site or Services on behalf
of your employer, you represent that you are authorized
to accept these Terms on your employer's behalf. In
the case of any violation of the Terms, Quantum Gateway
reserves the right to seek all remedies available
by contract, law and in equity for such violations.
The Terms apply to all visits to the Site and use
of the Services, both now and in the future. ANY VIOLATION
OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION
OF YOUR ACCOUNT, THE SERVICES OR SUCH OTHER ACTION
PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY
SERVICE AGREEMENT.
- LAWFUL USE
You agree that use of the Site and/or any Services,
is subject to all applicable national, international,
state, and local laws and any and all applicable regulations,
including the Terms. Furthermore, you agree that you
shall not engage in business practices and/or offer
to sell any goods or services that:
1. are unlawful, threatening, abusive,
harassing, defamatory, obscene, libelous, slanderous,
deceptive, fraudulent, invasive of another's privacy,
tortuous, or otherwise violate Company's rules or
policies;
2. victimize, harass, degrade,
or intimidate an individual or group of individuals
on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
3. infringe on any patent, trademark,
trade secret, copyright, right of publicity, or other
proprietary right of any party, including, but not
limited to, the unauthorized copying and posting of
pictures, logos, software, articles, musical works
and videos;
4. contain harmful content, including,
without limitation, software viruses, Trojan horses,
worms, time bombs, cancel bots, spy-ware, or any other
files, software programs, or technology that is designed
or intended to disrupt, damage, surreptitiously intercept
or expropriate the Services or any system, program,
data or personal information or limit the functioning
of any software, hardware, or equipment or to damage
or obtain unauthorized access to any data or other
information of any third party;
5. impersonate any person or entity,
including any of our employees or representatives;
6. violate any U.S. export or import
laws, including, without limitation, the Export Administration
Act and the Export Administration Regulations maintained
by the Department of Commerce;
7. violate any federal or state
law, statute, ordinance, or regulation including,
without limitation, those governing consumer protection,
Internet tobacco sales, firearm sales, unfair competition,
antidiscrimination or false advertising;
8. offer or disseminate fraudulent
goods, services, schemes, or promotions (i.e., make
money fast schemes, chain letters, pyramid schemes)
or engage in any unfair deceptive act or practice;
9. are associated with any form
of gambling or lottery type services;
10. are associated with any form
of adult, sexually oriented, or obscene materials
or services, including without limitation, any material
clearly designed to sexually arouse the viewer/reader
(e.g., books, text, photos, videos, X-rated movies,
pornographic materials, etc.), any materials which
require individuals to be eighteen (18) or older to
view or purchase those materials, escort services,
and adult websites.
11. are associated with the sale
of (i) any controlled drug that requires a prescription
from a licensed practitioner unless you are authorized
by the National Association of Boards of Pharmacy
to offer such products as a Verified Internet Pharmacy
Practice Site and only if such a prescription has
been issued by the practitioner after a bona fide
examination of the patient; or (ii) any over-the-counter
drug, unless the sale of such product, without a prescription,
has been approved by the Food & Drug Administration;
or (iii) nonprescription drugs that make false or
misleading treatment claims or treatment claims that
require FDA approval; or (iv) any drug or controlled
substance that the Company believes to be or may become
harmful, unlawful, or prohibited. Company requires
sellers of prescription drugs to abide by all laws
applicable to both the buyer and seller and we may
require you to provide evidence of compliance with
these requirements. In addition, due to the complexities
of current laws regulating the importation of controlled
drugs into the United States, you may not use the
Services to sell prescription drugs that are imported
into the United States from an international location.
12. are associated with illegal
telecommunications or cable television equipment,
such as access cards, access card programmers and
unloopers, cable descramblers or filters.
13. are or are associated with
electronic wallets (i.e., "e-wallets") or
any similar payment type.
- INTERNET ABUSE
You are prohibited from engaging in any form of Internet
abuse, including but not limited to: (a) distributing,
publishing, or sending any kind of unsolicited or
unwelcome email to any number of network users (commonly
referred to as "junk mail" or "spam"),
including, without limitation, mass promotions, unauthorized
or unsolicited commercial advertising, and informational
announcements, anywhere on the Internet; (b) posting
a single article or substantially similar articles
to an excessive number of newsgroups or mailing lists;
(c) repeated or deliberate posting of articles that
are off-topic according to the charter of the newsgroup
or mail list where such articles are posted; (d) posting
commercial advertising in a conference or newsgroup,
unless it is specifically permitted to be posted within
that group; or (e) violating the CAN-SPAM Act.
- ENFORCEMENT
Company reserves the right and has absolute discretion
to enforce the Terms. Company may, in its sole discretion,
immediately terminate or suspend: (i) the Services;
(ii) a Service Agreement; and/or (iii) access to this
Site, if it determines that your services, offerings
or activities violate the Terms. Without limitation,
Company also reserves the right to report any activity
(including the disclosure of appropriate data or merchant
information) that it suspects may violate any law
or regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties. Company
also may cooperate with appropriate law enforcement
agencies to assist in the investigation and prosecution
of any illegal conduct. If you want to report any
violations of these guidelines, please contact privacy@quantumgateway.com.
- MODIFICATIONS TO THE SITE
Company reserves the right to amend the Terms and
modify or discontinue all or part of the Site, temporarily
or permanently, with or without notice, and is not
obligated to support or update the Site. The amended
Terms shall automatically become effective immediately
after they are initially posted on this Site. Your
continued use of the Site after the posting of the
amended Terms on the Site constitutes your affirmative:
(a) acknowledgement of the Terms and its modifications;
and (b) agreement to abide and be bound by the Terms,
as amended. Should you object to any modifications
of the Terms, your only recourse is to immediately:
(a) terminate use of the Site and/or Services; and
(b) notify Company of termination.
- LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS
The Site contains links to third-party web sites.
The linked sites are not under the control of Company,
and Company is not responsible for the contents or
policies of any linked site. Company provides these
links as a convenience only, and a link does not imply
endorsement of, sponsorship of, or affiliation with
the linked site by Company. Links to merchants or
advertisers are owned and operated by independent
retailers or service providers, and therefore, Company
cannot ensure that you will be satisfied with their
products, services or practices. You should make whatever
investigation you feel necessary or appropriate before
proceeding with any transaction with any of these
third parties.
- INTELLECTUAL PROPERTY RIGHTS
The Site is proprietary to Company. All the text,
images, marks, logos and other content of the Site
("Site Content") is proprietary to Company
or to third parties from whom Company has obtained
permission. Company authorizes you to view, download,
and print the Site Content provided that:
(i) you may only do so for your own personal and non-commercial
use;
(ii) you may not copy, publish or redistribute any
Site Content;
(iii) you may not modify Site Content;
(iv) you may not remove any copyright, trademark,
or other proprietary notices that have been placed
in the Site Content by Company.
Except as expressly permitted above, reproduction
or redistribution of the Site Content, or any portion
of the Site Content, is strictly prohibited without
the prior written permission of Company. To request
permission you may contact Company at privacy@quantumgateway.com.
You represent and warrant that your use of Site Content
will be consistent with this license and will not
infringe or violate the rights of any other party
or breach any contract or legal duty to any other
parties.
- WARRANTY
THE SITE AND SERVICES ARE PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS. COMPANY
DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES
WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY,
SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR
VIRUS FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY
OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED
THROUGH THE SITE OR THAT DEFECTS IN THE SERVICES WILL
BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS
SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES,
WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS
BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN
EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL
USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL
INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS
AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY
TO ENABLE THE SITE AND THE SERVICES TO PERFORM THEIR
INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE
THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL
BE SUCCESSFUL. IF COMPANY'S EFFORTS ARE NOT SUCCESSFUL,
YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT
AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE
YOUR SOLE REMEDY, AND COMPANY'S SOLE LIABILITY, IN
THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES
IN THE COMPANY SERVICES. YOU WAIVE AND COVENANT NOT
TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE
ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR
SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS
AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT
OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT,
OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY,
DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION
ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION
OF THE SITE OR SERVICES. YOU USE THE SITE AT YOUR
OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE
INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE
SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR
USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER
SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, COMPANY
SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES,
AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING
BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE
OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE
WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES
OR GOODS PROVIDED THROUGH THIS SITE. FOR THE AVOIDANCE
OF DOUBT, YOU AGREE THAT COMPANY DOES NOT REPRESENT
OR WARRANT THAT THE SERVICES OR SITE WILL BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE,
COMPLETE, OR ENTIRELY ERROR-FREE.
- LIMITATION OF LIABILITY
QUANTUM GATEWAY EXPRESSLY DISCLAIMS ANY LIABILITY
OR LOSS ARISING FROM OR RELATED TO THE SITE OR THE
SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE),
INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED
WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES,
WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER
DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY
IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL
OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES
USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND QUANTUM
GATEWAY’S REASONABLE CONTROL. YOU EXPRESSLY
AGREE THAT QUANTUM GATEWAY SHALL NOT BE LIABLE FOR
ANY LOSS ARISING FROM INFILTRATION OF THE SERVICES,
THE QUANTUM GATEWAY SYSTEM OR WEBSITE BY MEANS OF
SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS,
OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED
OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE
THE QUANTUM GATEWAY SERVICES OR ANY SYSTEM, PROGRAM,
DATA OR PERSONAL INFORMATION OR LIMIT THE FUNCTIONING
OF THE SITE, SERVICES OR ANY SOFTWARE, HARDWARE, OR
EQUIPMENT OR TO DAMAGE OR OBTAIN UNAUTHORIZED ACCESS
TO ANY DATA OR ANY INFORMATION OF ANY THIRD PARTY.
EXCLUSION
AS A CONDITION OF USE OF THE SITE AND SERVICES,
YOU AGREE THAT NEITHER COMPANY, NOR ANY OFFICER,
AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR
OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS,
LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES,
DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR
INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION
WITH THE SITE, SERVICES OR SERVICE AGREEMENTS, HOWEVER
ARISING, INCLUDING WITHOUT LIMITATION, THE INABILITY
TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY PRODUCTS, SERVICES PROVIDED OR OBTAINED OR TRANSACTIONS
ENTERED INTO THROUGH THE SITE OR RESULTING FROM
UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA OR FAILURE OF THE SITE
TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS SET FORTH IN THIS SECTION APPLY
TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE
OF COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES,
CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH,
BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE
OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE.
LIMITATION
EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE
LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCES SHALL BE LIMITED TO
THE LESSER OF (A) THE AMOUNT YOU PAY US IN THE 30
DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY
OR (B) $100.
-
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Company, its parents, subsidiaries, affiliates,
directors, officers, shareholders, agents, contractors
and employees, from any claim or demand, including
reasonable attorneys' fees and court costs, made
by any third party due to, arising from or out of:
(a) your use of the Site and/or Services; (b) your
breach or alleged breach of any representation,
warranty or other obligation; (c) your violation
or alleged violation of any federal, state, international
or local law and any and all regulations, rules
or ordinances; (d) the negligence or willful misconduct
by you or your employees or agents; (e) any violation
of the Terms or Privacy Policy; (f) your infringement
of any intellectual property or other legal right
of any person or entity; or (g) your advertising,
marketing, promotion, sale, or distribution of any
products or services. In the event you cause fines
and/or penalties to be charged to Company by the
Credit Card Associations or any other entity, you
agree to reimburse Company immediately for said
fines and/or penalties.
-
DISCLOSURE; FORWARD-LOOKING STATEMENTS
Certain statements that are not historical fact
contained in the Site may constitute forward-looking
statements. Such statements include, without limitation,
statements about future financial and operating
performance of Company, as well as the Company's
plans, strategies, partnerships, products, service
markets, growth prospects, successes, cost-effectiveness
and security of new products or services, objectives,
expectations, intentions or other statements that
are not historical fact. Such statements are based
on the then current beliefs and expectations of
the management of the Company, and are subject to
significant risks and uncertainty. Actual results
may vary materially from those contained in forward-looking
statements based on a number of factors including,
without limitation, (i) dependence on a limited
number of clients, (ii) the Company's revenue concentration
in the wireless telecommunications business and
the declining subscriber growth rate in that business,
(iii) the adverse impact that the financial and
operating difficulties of the Company's clients
may have on the Company's future revenues, and financial
and operating results, (iv) continuing rapid change
in the telecommunications industry and other markets
in which the Company does business that may affect
both the Company and its clients, (v) potential
state, federal, and international regulation of
voice conferencing or other services and related
compliance and operating costs, regulatory assessments,
and potential suspensions of service pending compliance
with such regulation, (vi) uncertainties associated
with the Company's ability to develop new products,
services, and technologies, (vii) market acceptance
of the Company's new products, services, and technologies
and continuing demand for the Company's products,
services, and technologies, (viii) the impact of
competitive products, services, and pricing on both
the Company and its clients, (ix) current and future
economic conditions including, without limitation,
decreases or delays in capital spending by carriers
and in new subscriber growth, and global economic
recession, (x) integration, employee retention,
recognition of cost and other benefits and revenue
synergies, and other risks associated with acquisitions,
(xi) the Company's ability to execute on its objectives,
plans, or strategies including, without limitation,
product or services development plans, the mobile
business strategy and the plans to develop alliances
and grow its client base, (xii) economic and political
instability in the domestic and international markets
including, without limitation, the impact of terrorist
threats and hostilities and the declaration of war
or similar actions, (xiii) uncertainties associated
with the Company's ability to expand into new markets
including, without limitation, the mobile business
market, (xiv) the impact of restructuring charges
and other charges on the Company's business and
operations, (xv) the industry risks associated with
Quantum Gateway’s business and operations
including, without limitation, illegal or improper
uses of Quantum Gateway’s payment system,
unauthorized intrusions or attacks on Quantum Gateway’s
payment system that may impair the operations of
its payment system, changes or failures to comply
with credit card association rules, governmental
regulation and the application of existing laws
Quantum Gateway’s business and dependence
on relationships with third party payment processors,
and (xvi) the factors disclosed in the Company's
filings with the U.S. Securities and Exchange Commission
including, without limitation, its most recent Annual
Report on Form 10-K. The Company undertakes no obligation
to update any forward-looking statements. Nothing
contained in this web site constitutes an offer
to sell or solicitation of an offer to buy any of
the Company's securities.
-
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure
areas of the Site is restricted to authorized users
only. Unauthorized individuals attempting to access
these areas of the Site may be subject to prosecution.
- SERVICES OFFERED BY COMPANY ON THIS SITE
When you enroll to obtain a Service from the Company,
you accept the specific terms and conditions applicable
to that Service in accordance with the applicable
Service Agreement. Except as provided in the Service
Agreement, Company does not warrant that any service
description or content contained in this Site is accurate,
current, reliable, complete, or error-free.
- TERMINATION & EFFECT
Company may terminate access to the Site and the Services,
with or without cause, at any time, and effective
immediately. Termination shall be accompanied by a
written or electronic notice to you. Company shall
not be liable to you or any third party for termination.
Should you object to any provision of the Terms or
any subsequent modifications thereto, your only recourse
is immediately to: (a) terminate use of the Site and/or
Services; and (b) notify Company of termination. Upon
termination of access to the Site and/or Services,
your right to use the Site and/or Services shall immediately
cease.
- PRIVACY POLICY
Information collected by the Site will be treated
in accordance with Quantum Gateway’s Privacy
Policy located at www.quantumgateway.com, which is
incorporated herein by reference.
- TRADEMARKS
All company logos and product names referenced herein
are the trademarks or registered trademarks of their
respective holders. You shall not register or attempt
to register any of the Company's marks or trademarks
that would reasonably be deemed to be confusingly
similar to any of the Company's marks or trademarks.
You shall comply with all standards with respect to
the Company's marks and all uses of the marks shall
be consistent with Company standards. For further
information on Company copyrights and trademarks,
please contact privacy@quantumgateway.com.
- FORCE MAJEURE
Company shall not be liable for any losses arising
out of the delay or interruption of its performance
of obligations due to any acts of God, acts of civil
or military authorities, civil disturbances, wars,
strikes or other labor disputes, fires, transportation
contingencies, interruptions in telecommunications,
utility, Internet services or network provider services,
acts or omissions by a third party, infiltration or
disruption of the Services by a third party, or other
catastrophes or occurrences that are beyond Company's
reasonable control.