QūB LLC
WEBSITE TERMS OF USE,
PRIVACY POLICY, AND DISCLAIMERS
WELCOME
Welcome to www.qubconnect.com, the website for QūB LLC (“Website”). The Website is owned and operated by QūB LLC “(“QūB,” “we,” or “us”). The Website is provided for general informational, marketing of QūB products purposes. Use of this Website is subject to the terms and conditions in this document (“Agreement”). This Agreement includes Website’s Terms of Use, Privacy Policy, and Disclaimers.
If you (“user” or “you”) continue to browse and use this Website, you are agreeing to comply with and be bound by the terms of this Agreement that governs our relationship with you regarding your use of this Website.
TERMS OF USE
By using this Website, you agree that the exclusions, limitations of liability, and all terms set out in this Agreement are reasonable. If you do not think the terms are reasonable, do not use this Website.
Any changes or modifications we make to this Agreement are effective immediately upon including them in this Agreement. Your continued use of this Website after we post revised Terms of Use, Privacy Policy, or Disclaimer constitutes your agreement to be bound by the Agreement’s revised terms.
INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
The Website and all material on the Website, including text, photographs, images, illustrations, graphics, sound recordings, video, and other material (collectively "Content") are protected under applicable intellectual property and other laws of the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Use of Website. Except as otherwise indicated on the Website, you may view, download, retrieve, access, store and print documents and information available on this Website subject to the following conditions:
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. These rights are not applicable to the design or layout of this Website.
· The documents and information may not be modified or altered in any way.
· You may not remove any copyright or other proprietary notices contained in the documents and information.
· QūB reserves the right to revoke the authorization to view, download, retrieve, access, store, and print documents and information available on this Website at any time. You will immediately discontinue any use upon written notice from QūB.
· The rights granted to you constitute a limited license and not a transfer of title.
· You may not sell or resell Content.
· You may not modify, reproduce, display, publicly perform, or otherwise use Content in any way not expressly authorized under this Agreement.
· You may not use the Content on any other website or in any other networked computer environment for any purpose.
· You may not copy or adapt the HTML or other code that is used to generate pages on the Website.
· The pages and elements on this Website are owned by QūB, are protected by intellectual property laws, and are not licensed hereby. You may not copy or imitate, in whole or in part, the pages and elements on this Website.
Trademarks. QūB’s name, trademarks, service marks, brand names, and logos (collectively "QūB Marks") appearing on this Website are owned by QūB. You are not authorized to display or use the QūB Marks in any manner without express written permission.
Removal of Content – Digital Millennium Copyright Act. QūB does not knowingly permit copyright infringing activities or infringement of intellectual property rights on this Website and will remove all Content if properly notified that an infringement has occurred as follows:
If you are a copyright owner or agent and believe that any Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing QūB the following information in writing:
(i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on this Website (including the URL, title and item number if applicable, or other identifying characteristics);
(iv) your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
(v) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send your statement to QūB at info@qubconnect.com.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES IS QŪB OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE, INCLUDING, AND NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEBSITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
RESOLVING DISPUTES
Except for requests for injunctive and other equitable relief, if we have a disagreement or dispute that we are unable to resolve between us, we both agree to continue to try to resolve our dispute in good faith. In this case, the person with the unresolved issue will provide the other a “Notice of Dispute.” This Notice of Dispute will include a statement that outlines the reason for the grievance.
Within 20 days of receipt of the Notice of Dispute, we will meet at a mutually agreed upon time and place, electronically or in person, to work, in good faith, to resolve the dispute. Additional meetings shall take place as necessary and as mutually agreed upon. Neither one of us can begin formal proceedings until we have concluded, in good faith, that a reasonable and mutually acceptable resolution is unlikely within 60 days of the Notice of Dispute.
If we are unable to resolve the dispute within a reasonable period not exceeding 60 days of receipt of Notice of Dispute, we will submit the dispute for non-binding mediation by a single mediator who is competent in the issues involved, using a center of mediation located in Minnesota, using their chosen rules and procedures in effect at the time of mediation—provided that the parties may, but are not required to, agree on another mediation service. The parties shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties, provided that each party is responsible for their own attorneys’ fees, if any.
GOVERNING LAW
This Agreement is made in, and governed and construed by, the laws of the State of Minnesota, United States of America, without reference to conflict of laws. If you access this Website from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota and the United States of America, and you are solely responsible for compliance with all your local laws. Access to the Website from locations where the Website’s contents may be unlawful is prohibited.
ENTIRE AGREEMENT
The Terms of Use, together with the Privacy Policy and Disclaimers and any click-through agreement to which you may be subject contain the entire understanding and agreement between the parties and supersede any and all prior communications, negotiations, and agreements, whether oral, written, or electronic, between the parties.
PRIVACY POLICY
QūB values the privacy of its clients, visitors, and users, it collects information to help better serve them. It is QūB’s policy to only collect and store personal information that is knowingly provided.
This Privacy Policy explains our practices regarding the collection of information from this Website that can personally identify you or your organization, and the choices you can make about the way your information is collected and used. This Privacy Policy, including our privacy statement, does not apply to any information you may provide to us or that we may collect offline or through other means (for example, at a live event, via telephone, or through the mail).
PERSONAL INFORMATION COLLECTED THROUGH WEBSITE
QūB collects and stores contact information, including email addresses, from individuals that is knowingly provided. QūB does not distribute personal information or email addresses to third parties except as indicated in WEBSITE HOST and DISCLOSURE OF INFORMATION COLLECTED sections below. We use personal information to contact individuals via email and mail to respond to initial inquiries, to provide additional resources that might be of interest, including detail and updates in the services we offer, upcoming events, new publications, or other resources. You may choose at any time not to provide personally identifiable information, although this may restrict our ability to provide requested services or information.
To opt out of any mailings from QūB, email info@qubconnect.com with the request.
COOKIES
This Website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a Website. For information about viewing the cookies dropped on your device, visit the cookies Squarespace uses.
These functional and required cookies are always used, which allow Squarespace, our hosting platform, to securely provide this Website to you.
These analytics and performance cookies are used on this site only when you acknowledge our cookie banner, as described below. We use analytics cookies to view site traffic, activity, and other data.
ANALYTICS
This Website collects personal data to power our site analytics, including:
· information about your browser, network, and device
· web pages you visited prior to coming to this Website
· your IP address
This information may also include details about your use of this Website, including:
· clicks
· internal links
· pages visited
· scrolling
· searches
· timestamps
We share this information with Squarespace, our Website analytics provider, to learn about site traffic and activity. To learn more about Squarespace analytics click here.
FONTS
This Website uses font files from Google Fonts and Adobe Fonts. To properly display this site to you, servers where the font files are stored may receive personal information about you, including:
· information about your browser, network, or device
· your IP address
WEBSITE HOST
This Website is hosted by Squarespace. Squarespace collects personal data when you visit this Website, including:
· information about your browser, network, and device
· web pages you visited prior to coming to this Website
· your IP address
Squarespace needs the data to run this Website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.
PERSONAL INFORMATION COLLECTED WHEN CREATING AND USING AN ACCOUNT
We may collect and receive information from you, including when you register, create, or modify an online account with us, including:
· your name
· your contact details, such as postal address, telephone numbers, and email address
· your billing and transaction information such as credit or debit card type and number(s) corporate forms of payment, and related data including associated billing address and expiration date(s)
· information about your Internet activity
· your survey responses
· your responses to our marketing efforts
· your demographics
· your contact preferences
We use this information to:
· provide our products and services to you
· take your payment and make any refunds or credits and send any confirmations
· tailor our products and services for you based on this information alone and in combination with other information we have about you
· improve our products and services, including through statistical analysis and research for program development
· maintain the operational availability and reliability of our IoT technology and IT systems with infrastructure backups and testing (which may use a copy of live data where test data is not practical)
· send you marketing communications, offers, and invitations to events, which may be based on segmentation and modelling of your personal information
· send you online messages about products and services provided by us or other third parties that may be of interest to you such as window manufacturers
We use this information because:
· we have a legitimate business interest in enabling you to manage your preferences and account details
· we have a legitimate business interest in improving our service, personalizing it for our customers, and better understanding how customers use it
· we have a legitimate business interest in ensuring that our technical systems operate properly
· in the case of information that we use to send you marketing communications, and where otherwise required by applicable law, if you have provided your consent at the point of collection
· we have a legitimate business interest in promoting and developing our business
DISCLOSURE OF INFORMATION COLLECTED
QūB may disclose personal information that it collects, or you provide, as described in this privacy policy:
· to our subsidiaries and affiliates
· to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them
· to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of QūB's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by QūB about our Website users is among the assets transferred
· with your consent
We may also disclose your personal information:
· to comply with any court order, law, or legal process, including to respond to any government or regulatory request
· if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of QūB, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction
THIRD-PARTY USES
QūB does not make email addresses available to third parties, except as indicated above in the section entitled WEBSITE HOST and DISCLOSURE OF INFORMATION COLLECTED.
As our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our Websites is acquired by another company, information about our users may be among the transferred assets.
EMBEDDED CONTENT FROM OTHER SITES
Articles on this site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
The other websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected, and used by others besides us. We are not responsible for any unauthorized third-party use of such information.
RIGHT TO REMOVE AND EDIT DATA
All users have the right to see, edit, or delete their personal information at any time. Website administrators can also see and edit that information. See CHOICE TO OPT OUT below for instructions on how to request removal of your data from QūB 's database.
CHOICE TO OPT OUT
QūB provides all individuals and customers the opportunity to opt out of having your personal information used for certain purposes. If you are customer or client of QūB, has registered for an event or newsletter and no longer wishes to receive promotional communications, or you would like QūB to erase any personal data it holds about you, you may opt out of receiving communications by emailing info@qubconnect.com. This does not include any data QūB is obliged to keep for administrative, legal, or security purposes.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address 715 Tower Drive, Hamel, MN 55340. However, please know we do not currently sell data triggering the opt-out requirements of that statute.
CONTACT
This Website is owned and operated by QūB. If you have questions or concerns about this privacy policy or in general, please contact QūB at:
· 715 Tower Drive, Hamel, MN 55340
DISCLAIMERS
NO BUSINESS RELATIONSHIP
The information shared on this Website is general. Using this Website does not establish a business relationship. If you want specific advice, you must specifically engage the services of QūB under separate agreement.
NO PROFESSIONAL ADVICE
The information contained in or made available through our Website cannot replace or substitute for the services of trained professionals in any field and is not intended to provide specific technical advice. We make no representations or warranties concerning any action or application by any person who follows information offered or provided within or through our Website. Neither we nor our associates or members are liable for any direct, indirect, consequential, special, punitive, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and results in life. By your use of the Website, you agree not to attempt to hold us liable for any such decisions, actions, or results at any time, under any circumstance.
DISCLAIMER OF WARRANTIES
QŪB AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS WEBSITE "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
QŪB AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, QŪB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
QŪB DOES NOT WARRANT THAT THIS WEBSITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXTERNAL LINKS – LIMITING LIABILITY and PRIVACY
We may include links that provide direct access to other internet resources, including websites to window manufacturers and other third-party links. We are not responsible for the contents or reliability of any those resources or website, and we do not—expressly or otherwise—endorse the views or content expressed within those websites. QūB has not investigated the claims made by any advertiser.
If you choose to access any of these third-party links, please note that they are not covered by QūB’s Privacy Policy. When you follow a link to another website, you are subject to the privacy policy of that website, if any.
QūB is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other material on or available from linked websites.
THE ACTIONS AND OPINIONS OF OTHER USERS
You must not use this website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. Some content found on the pages of the Website and its subdirectories may be created by associates, or members of the public. The views expressed are theirs and unless specifically stated are not those of QūB.
VIRUSES, DAMAGE AND AVAILABILITY
QūB makes no warranty or claim that functions available on this Website will be uninterrupted or error free, that defects will be corrected, or that the server that makes the Website available, nor the content itself is or will be free of viruses, bugs, or other malicious code. You acknowledge and agree that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output, and for your own security and the device used by you to view any content from this Website.
Effective June 10, 2021 (last revised ______________)