Terms and Conditions of Use
Last Modified: July, 2022
These Terms of Use describe the terms and conditions that govern your use of this website (the “Site”) , which is owned or operated by Qrious Insight LLC and/or its subsidiaries and affiliates (“Qrious”). Please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any of the Site.
1. Applicability
These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively, “Terms of Use”) and the Qrious Privacy Notice, set forth the terms and conditions that apply to your use of the Qriousinsight.com Site. By using the Site, you agree to comply with all the terms and conditions. If you do not agree to these Terms of Use, you should not access or use the Site.
A. Changes to Terms of Use. Qrious may modify any part or all of the Terms of Use, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
B. Changes to Site. Qrious may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
C. Compliance with Laws. By accessing or using the Site, you agree that you will comply with all applicable international, federal, state, and/or local laws, codes, regulations, rules and/or requirements in connection with your use of or access to the Site or any of our services.
2. Your Contact Information
You may choose to provide personal information in order for Qrious to provide you information concerning our services and products. Qrious will use the information you provide in accordance with the Qrious Privacy Notice. By providing such information you represent and warrant that all information that you provide on the registration or contact form is current, complete and accurate to the best of your knowledge.
3. Equipment
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access and use the Site and all related charges.
4. Intellectual Property; Digital Millennium Copyright Act
A. Ownership The Site contains copyrighted material, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Qrious owns the Site and, as between you and Qrious, all its content, including copyright in the selection, coordination, arrangement and enhancement of such content. Neither these Terms of Use nor your use of the Site or any services grants you any ownership in the Site or the content you access through the Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Qrious. If you submit any feedback or suggestions to us regarding the Site or our services, we may use and share them for any purpose without any compensation or obligation to you.
B. Trademarks Qrious or its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
C. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Qrious’ DMCA agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the DMCA agent to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices should be emailed to Legal@Qriousinsight.com or sent to the Qrious Insight LLC / Lighthouse Technology Holdings LLC address for notices in accordance with Section 11 below. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
5. Third Party Content
Qrious may provide access to certain content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of Qrious. Neither Qrious nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (See Section 7 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the third-party content available through the Site represents the opinions and judgments of the information provider not under contract with Qrious. Qrious neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Qrious be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Qrious is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
6. Advertisements and Promotions
Qrious may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Qrious, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Qrious is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
7. Disclaimer of Warranty; Limitation of Liability
THE SITE, AND ANY APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. QRIOUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, QRIOUS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. QRIOUS DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE APPLICATIONS/SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QRIOUS DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATIONS/SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL QRIOUS BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER QRIOUS IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
8. Indemnification
You agree to defend, indemnify and hold harmless Qrious, its parent, affiliates and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, arising out of your use of the Site or breach of any of these Terms of Use. Qrious reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Qrious with such cooperation as is reasonably requested by Qrious.
9. Termination
Qrious may terminate or suspend the access to or availability of the Site and these Terms of Use at any time without notice to you. Without limiting the foregoing, Qrious shall have the right to immediately terminate your access in the event of any conduct by you which Qrious, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of
10. Governing Law
These Terms and your access to or use of the Site shall be governed by and construed in accordance with the laws of the state of Delaware USA, without regard to any portion of any choice of law principles that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to or use of the Site shall be subject to the exclusive jurisdiction of the state or Federal courts located in Delaware, USA.
11. Legal Notice
All questions regarding these Terms of Use and all legal notices should be sent to:
Lighthouse Technology Holdings LLC / Qrious Insight LLC
2 Jungle Hut Road, Suite 1, Palm Coast, FL 32137
Attn: Legal Department or
Via email to: Legal@Qriousinsight.com
12. Miscellaneous
These Terms of Use constitute the entire agreement between you or other users of the Site and Qrious with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of Qrious, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by a party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import. Neither Qrious nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: pandemic, fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.