Website Terms of Service

Welcome to qlab.app (the “Website”), owned and operated by Figure 53, LLC (“We” or “Us” or equivalent pronouns). This site contains content provided by Us and by our customers such as vendors (a “Customer”). Our Website is provided to you (“You”) subject to the following Terms of Service:

Notice.

Your use of this Website constitutes acceptance of these Terms of Use and Our Privacy Policy. We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Website. Your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use and/or Privacy Policy. We encourage You to familiarize yourself with both policies. Our Website Privacy Policy may found posted on the Website. If You do not agree to the terms and conditions of these Terms of Use, Our Privacy Policy or any revised policy, please exit this Website immediately.

Introduction.

Please read the following information carefully before using this Website. By accessing this Website, You acknowledge, represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website, and not with an ulterior motive, such as to download portions of the Website to compete with Us or provide information to one of Our competitors; and (iii) in using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations.

Copyrights and Limited License.

All words, pictures, content, graphs, charts and other matters presented or made available on the Website sourced from Us are Copyright 2010-2023 Figure 53, LLC (the “Information”). Content provided by Our Customers is copyrighted as provided in their content. We grant You a limited, royalty free, non-exclusive, revocable license to make use of our Information for Your own personal or internal business purposes only. All other rights are expressly reserved. Our Customers who use the Website to display content may have other terms and conditions with respect to use of their content, which may be linked inside of their content or otherwise provided to you.

No License to Trademarks.

All trademarks, service marks, tradenames or other identifying marks displayed on the Website (the “Marks”) are owned by Us and/or Our licensors, or by our Customers. Except as applicable law may otherwise provide, or except as provided in writing by our Customers (with respect to their Marks) or agreed to in writing by Us, neither We nor our Customers consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

Access By Minors.

The Website is not designed to be used by children under the age of 13. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For more information see https://consumer.ftc.gov/identity-theft-and-online-security/protecting-kids-online (Protecting Kids Online). You may perform an internet search for parental control software to discover possible solutions. We do not endorse any specific parental control products or services.

Misuse of the Website.

You violate these Terms of Use when You make any use of the Website that is not in conformity to the Acceptable Use Policy set out below, which is incorporated by reference.

Available Remedies.

We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; or review, edit, censor or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of harmful activities or if we receive any claim from a third party, in our sole and unfettered discretion, We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. We are not responsible for (and You agree not to sue us in respect of) Information posted by our Customers.

To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You.

Disclaimer.

WE AND OUR CUSTOMERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION.

No Framing.

We do not consent to “framing” our content or Information inside of any other page.

Electronic communications.

You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email. Electronic communications will be deemed received by You when your email system reports that any email we send you, has been received by your system, regardless of whether you ever actually open or read such email. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email. It is Your responsibility to maintain a valid email address, and We may terminate your access to the Website at any time that We determine You are in violation of these terms of use, or fail to maintain a valid email address.

Indemnity.

If You post or provide any Information, images or content onto the Website, or if You violate any provision of these Terms of Use, the Acceptable Use Policy or the Privacy Policy, You are liable to Us for Your actions, and in the event We are threatened with lawsuit or are sued by any person on account of Your activities, You agree to indemnify, defend and hold harmless Us and Our employees, directors, affiliates, subsidiaries, users and customers, from and against all claims, demands, damages and losses claimed by such person, and You agree to and shall pay all related costs and expenses, including reasonable legal fees, that We incur.

Governing Law; Choice of Forum.

These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws principles. You consent and submit to the jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Maryland.

Questions or comments regarding these Terms of Use should be directed to us care of support@figure53.com

Acceptable Use Policy

ACCEPTABLE USE OF SERVICES. You agree as follows in respect of the acceptable and unacceptable uses of the Services. You will not and agree not to:

  1. Use or attempt to use the Services for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, bullying or harassing third parties, illegal stalking, transmission of or storage of pornographic material, invasion of privacy, defamation, infringement of another person’s copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts, disclosing “insider trading” information, national secrets, or other information prohibited or restricted from disclosure.
  2. Send unsolicited bulk mail messages (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
  3. Breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
  4. Impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.
  5. Undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person’s computers.
  6. Permit another person to use your resources or the Services to conduct any of the matters you are prohibited from doing.
  7. Distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Services may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
  8. Take any action that would cause us to violate any terms of an upstream service provider’s acceptable use policy.
  9. Engage in any activity disruptive or abusive towards our other customers or to Services operations, including and not limited to:
    1. Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt Services, destroy data, destroy or damage equipment or disrupt Services operations;
    2. Degrade or impair the operation of Services servers and facilities or the servers and facilities of other network hosts or users;
    3. Post messages or software programs that consume excessive CPU time or storage space;
    4. Use the Services for mining crypto currencies or for any data mining activities;
    5. Subvert, or assist others in subverting, the security or integrity of any of Services, facilities or equipment; and/or
    6. Place false, fraudulent, materially incomplete or misleading information on the Services.

The above list of acceptable and unacceptable uses of the Services is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Services. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will endeavor to provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Acceptable Use Policy.