YOUR ACCEPTANCE OF THESE TERMS
THESE TERMS MAY CHANGE IN THE FUTURE
You are granted a non-exclusive, non-transferable license to access and make personal use of the Website and any of its content. While you are permitted to use the information on the Website for your business, you may not use the Website or its content for a commercial purpose (for example by reproducing or selling our content), or in a way which tampers with the Website, affects its security, imposes an unreasonably burden on our infrastructure, or makes use of any bot or automated program or script.
Quark.ai holds or has a license to the copyright to the contents of this Website and such content is protected by copyright laws. You may not copy, modify, reproduce, publish, sell, create derivative works from or deal with in any other way the contents of this Website and if you do, you may be breaching our intellectual property rights or the intellectual property rights of our partners and/or customers.
This Website may also contain other proprietary notices and copyright information, the terms of which must be observed and followed.
You acknowledge that you do not obtain or own any intellectual property rights whatsoever in the Website or its content, which remain vested in Quark.ai or its third party licensors.
Depending on your browser settings Quark.ai may place “cookies” on the hard drive of your computer. Cookies are small text files containing information that a website transfers to your computer’s hard disk for record-keeping purposes. Cookies allow Quark.ai to personalize your experience on our Website. Most browsers are initially set to accept cookies. You can set most browsers to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, if you choose to decline the cookie, some of the conveniences cookies make possible may not be available and certain portions of our site may not be accessible to you.
Information Quark.ai publishes on the Website may contain references to Quark.ai products, programs and services or products and services of our partners that are not announced or available in your country. Such references do not imply that Quark.ai intends to announce such products, programs or services in your country. Consult your local Quark.ai business contact for information regarding the products, programs and services, which may be available to you.
INFORMATION ABOUT OUR SERVICES
The information provided about our services on the Websites, in our newsletters or via our representatives (“Representations”) may be incomplete or may not be sufficient for you to determine whether or not to retain Quark.ai. You should make further enquiries to determine if our services are suitable for you. In all cases, any Representations will be replaced by the content of any services agreement or terms of trade executed between you and Quark.ai and the description of services contained in such agreements or associated specifications or statements of work. Any such agreement will also apply notwithstanding and take precedence to these Terms and Conditions.
To the fullest extent permitted by law, Quark.ai gives no warranty as to the currency or completeness of the Representations and excludes any such warranties.
While we strive to provide correct information, all information and recommendations related to any third party products or services or any other articles or editorial content published on the Website, in our newsletters or any further information provided to you by our representatives, is comprised solely of the opinions of Quark.ai, which may be inaccurate, incomplete or no longer current. The products we feature and any recommendations we may make may also not be the right choice for you given your individual circumstances. The content provided on this website does not constitute any advice as to the suitability of any product or service for your particular requirement. It is up to you to independently investigate any products or options presented (including their functionality and specifications), to verify any information presented from other sources and consider your own individual needs before choosing to purchase any product or solution, or acting on any recommendation or information published on the Website.
To the fullest extent permitted by law, Quark.ai gives no warranty as to the accuracy, currency or completeness of information on the Website and excludes any such warranties.
THIRD PARTY CONTENT DISCLAIMER
The Website contains links to third party websites such as websites which have a different domain name to the Website and content such as presentations, videos and other promotional or informational material which are branded with third party trade marks, business names or product names (“Third Party Content”). Quark.ai links to Third Party Content for the convenience of users, but is not responsible for the compilation or verification of any Third Party Content and does not control any third party websites. The views expressed in any Third Party Content are not the views of Quark.ai and the inclusion of any Third Party Content does not imply endorsement or approval of that content.
To the fullest extent permitted by law, Quark.ai gives no warranty as to the accuracy, currency or completeness of any Third Party Content and excludes any such warranties.
THIRD PARTY PRODUCT DISCLAIMER
From time to time you may choose to use or purchase products or attend events which are featured on the Website and which are provided by third parties (“Third Party Products”). Quark.ai does not control the quality, security, delivery or functionality of Third Party Products and makes no warranties of any kind with respect to such products. You should satisfy yourself through independent enquiry as to the quality, security and functionality of any Third Party Products you choose to use or purchase and whether such products are suitable for your individual requirements.
To the fullest extent permitted by law, Quark.ai gives no warranty as to the quality, fitness for purpose, security or functionality of any Third Party Product and excludes any such warranties. Third Party Products may be covered by warranties from the manufacturer or product supplier.
To the extent permitted by law, Quark.ai gives no warrant that you will have continuous access to the Website or that the Website will be error free, secure, or free from viruses or harmful components and excludes any such warranties. Your use of the Website is at your own risk.
OPERATION OF LAWS PRESERVED
Nothing in these terms and conditions limits or excludes any warranties provided for in the California Consumer Privacy Act (CCPA) which cannot be excluded by agreement and these rights are strictly preserved.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Quark.ai shall not be liable for any direct, indirect, special or consequential loss, cost, damage or expense suffered by you as a result of use of the Website, the Website content, the content of any newsletter, any Representations, any Third Party Content or any Third Party Product under any law, head of damages or statute including for breach of contract or negligence and including for any loss of profits, business interruption, loss of data or programs, even if we are expressly advised of the possibility of such damages.
If you are one of our customers, all other partner or customer agreements shall continue to apply to your use of the Website and the customer support portal accessible from this Website and such customer agreements shall take precedence over these Terms and Conditions to the extent of any inconsistency.
We may choose not to strictly enforce these Term and Conditions, however this shall not preclude us from insisting upon strict compliance with these Term and Conditions on other occasions. Where any part of these Terms and Conditions is illegal, void or unenforceable for any reason, that part shall be first read down so as to cure the problem and if this is not possible, then the offending part shall be severed from these Terms and Conditions without affecting the remainder of this agreement. Where in these Terms and Conditions the words ‘such as’ or ‘include’ are used, those words are not intended to be used as words of limitation. When construing any parts of these Terms and Conditions, the meaning of any terms shall not be construed in a limited fashion by reference to any paragraph or section headings. These Terms and Conditions are governed by and to be construed in accordance with the laws of the State of California, United States of America and you submit to the non-exclusive jurisdiction of the courts of San Francisco County, California, United States of America in relation to any dispute concerning these Terms and Conditions or the Website.