Effective Date: August 6, 2014
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 went into effect in California. This Act requires certain retailers and manufacturers that do business in California to disclose their efforts (if any) to eradicate slavery and human trafficking from their supply chains.
Quantum Design International, Inc. and its affiliates Quantum Design, Inc. and MagnaBioSciences LLC (collectively, "Quantum Design"), are committed to protecting the working rights and safety of all its employees and expects its suppliers to follow the same level of commitment with their employees. Through its internal policies and employee training, Quantum Design strives to maintain a high standard of legal and ethical conduct.
Quantum Design has not observed activity in its supply chains that would trigger any human trafficking or slavery concerns. That said, Quantum Design does not verify its product supply chains, audit suppliers, require supplier certification, or provide applicable internal accountability standards or training, specifically to evaluate risks of human trafficking and slavery. If however, Quantum Design determines that human trafficking or slavery may be present in its supply chains, it will investigate and take appropriate action in compliance with applicable laws.
Effective Date: August 6, 2014
The Website is only intended for use by those 18 years and older. By accessing or using the Website, you (either personally or on behalf of another person or organization) agree to these Terms. If you do not agree to these Terms, you are prohibited from accessing the Website or using the Content.
Quantum Design reserves the right to modify all or any portion of these Terms at any time. Modifications to these Terms will be effective immediately upon posting on the Website, but will not be applied retroactively. Accessing or using the Website after modifications have been posted will constitute your acceptance of these Terms as last modified.
3. Copyrights, Trademarks and Other Intellectual Property
The Content of the Website includes copyrighted material, trademarks and other proprietary information such as text, photos, video, graphics and images. Quantum Design owns or licenses all copyrights and trademark rights in the Content, including the selection, coordination, arrangement and enhancement of the Content.
Except as otherwise expressly permitted under U.S. copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of the Content is permitted without the express written permission of Quantum Design. In the event of any permitted copying, redistribution or publication of copyrighted material, you are not permitted to change or delete any author attribution, trademark legend, copyright notice, or other item included by Quantum Design.
You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any of, the Content. You do not acquire any ownership rights by downloading or otherwise using the Content.
All trademarks, service marks, logos and trade names used on the Website, whether registered or unregistered, are owned by, licensed to, or used with permission by, Quantum Design. You may not reproduce, download or otherwise use any of these trademarks, service marks, logos or trade names without the prior written consent of Quantum Design.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Quantum Design or its products or services in a false, misleading, derogatory, offensive, or otherwise unacceptable manner as determined by Quantum Design in its sole discretion.
You may not cause any part of the Website, other than the home page, to be available as part of another service by "deep linking", or otherwise, without prior written permission from Quantum Design. You may not misrepresent your relationship with Quantum Design nor imply that Quantum Design is endorsing your website, business, products, services, or otherwise.
Quantum Design may request you to immediately remove any link to the Website for any reason. If you receive this request, you agree to immediately remove the link.
5. Establishing an Account
You will need to establish an account on the Website if you want to access the Pharos Digital Library. You are responsible for maintaining the confidentiality of your login and password information. It is recommended that you use unique passwords for your account, and that you periodically modify these passwords. You agree to accept responsibility for all activities that occur under your account and password. Quantum Design reserves the right to terminate your account for any reason in its sole discretion.
6. Third Party Website Links
7. Disclaimer of Warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOUR USE OF THE WEBSITE WILL BE AT YOUR OWN RISK AND THE WEBSITE IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". QUANTUM DESIGN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES, SO YOU MAY HAVE OTHER RIGHTS IN THOSE STATES AND JURISDICTIONS.
8. Limitation of Liability
IN NO EVENT WILL QUANTUM DESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT QUANTUM DESIGN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF Quantum Design EXCEED $1,000. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Quantum Design and its affiliates, employees, officers, agents and licensors from any liability, loss, claim, and expense (including reasonable attorneys’ fees) arising out of your misuse of the Website, including the Content.
10. Prohibited Use
You are prohibited from violating, or attempting to violate, the security of the Website. Violations of the security of the Website include, without limitation: (1) logging into or attempting to log into a server or account you are not authorized to access; (2) accessing data or taking any action to obtain data, information or services not intended for you or your use; (3) attempting to probe, scan or test the vulnerability of any system or network; (4) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; or (5) transmitting material that contains viruses, Trojan horses, time bombs, or other computer programming routines that could interfere with a computer’s functionality or the operation of the Website.
11. Governing Law
The Website is controlled, operated and administered entirely within the United States. These Terms and the use of the Website are governed by California law, without regard to its conflict of laws provisions.
The failure by Quantum Design to enforce any part of these Terms will not constitute a waiver of any rights of Quantum Design under these Terms, whether for past or future actions.
If any provision of these Terms is found by any court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
14. Contact Us
If you have any questions regarding these Terms, please contact us at:
Quantum Design, Inc.
10307 Pacific Center Court
San Diego, CA 92121-3733