Quantfish

TERMS AND CONDITIONS

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between us and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

1.               USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. Usage eligibility of the site is 18 years and above or within the required minimum legal age within your jurisdiction. You agree to release QUANTFISH and its directors, affiliates and employees from any liability owing to usage of the service by a minor without supervision of a parent and/or guardian. If you violate any restrictions in these terms, you agree to indemnify QUANTFISH for any losses, costs or damages, including reasonable legal fees, incurred by QUANTFISH in relation to, or arising out of, such a breach.

2.              ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and QUANTFISH LLC, (“QUANTFISH”, “we”, “us” or “our”), concerning your access to and use of www.goquantfish.com. You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated.  IF YOU DO NOT AGREE WITH ALL OF THESE TERNS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to QUANTFISH. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

3.              ABOUT QUANTFISH SERVICES

QUANTFISH is a corporation carrying on its business activities in West Virginia, United States of America. We offer On-demand statistical training for researchers, labs, and institutions. 

4.              EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. QUANTFISH hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. QUANTFISH shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

5.              USER ACCOUNTS

In consideration of your use of this Site, you agree that to the extent you provide personal information to QUANTFISH it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

6.              INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all pre-recorded course materials accessible for downloads, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Copyright

All content is subject to copyright laws. No content may be republished, sold, hired, or resold without the express written consent from QUANTFISH, including but not limited to downloads, either whole or in part.

7.              YOUR REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction of which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

8.              ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, including these Terms of Service and the Privacy Policy.

9.              USER LICENSES

In consideration for your acceptance of this Agreement and your payment of all applicable subscription Fees (as defined below), QUANTFISH grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services and the course materials available for downloads, are solely for your own personal purposes.

You may access and use the Site, Services and the downloads only in accordance with any instruction manuals, user guides and other documentation as made available by QUANTFISH from time to time (“Documentation”).

This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. attempt to decompile or reverse engineer any software contained on QUANTFISH website;
3. remove any copyright or other proprietary notations from the materials; or
4. Transfer the materials to another person or "mirror" the materials on any other server.
1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by QUANTFISH at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

10.            SUBSCRIPTION & MODE OF PAYMENT

We charge a fee for our online classes for individual and group access. We also offer a subscription library for institutions.  

Individual Purchases. You can make purchase Orders for our range of courses made available to you via the site. Orders can be placed 24 hours a day, seven days a week via our website – www.goquantfish.com. You will be sent via the email you give to us when using the platform, a link to sign in to your digital course product. If your order has been marked completed and billings have been charged and you do not receive a download link via email, please contact us at [email protected] and we will resolve the issue.

Subscriptions. Institutions may subscribe to the full catalogue of courses. Please contact us if you need an invoice prior to purchase, have a larger group, or to pay by electronic bank transfer. We can customize invoices for any institution worldwide.

Mode of Payment. We accept PayPal, Credit Cards Payment and direct wire transfer. Our Payment Processor is Stripe. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, billing/mailing address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to change pricing as set forth on the site.

11.              NO GUARANTEES

You acknowledge and agree that our Company and Website have not made any guarantees about the results of the usage of the online courses. Regardless of whether a product or service is recommended, we do not make any guarantees as to the results. You understand and agree that what works for one person might not work for another person. Moreover, results are dependent on many different factors, and we cannot make any guarantees. 

12.            INDEMNIFICATION. 

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.

We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials purchased through our Site.  We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

We shall not be liable for any loss caused as a result of Your actions or inactions based on the QUANTFISH Materials available on this Website.    You remain responsible for your own actions and decisions at all times.

 In accordance with these Terms and Conditions, nothing shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:

•                death or personal injury arising through negligence

•                fraudulent misrepresentation; and/or

•                anything else that cannot be excluded or limited by us.

You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third-party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Material on this Site and/or any breach by Your use of any term of these Terms and Conditions.

13.             PROHIBITED USES

The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
4. Make improper use of our support services or submit false reports of abuse or misconduct.
5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6. Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
7. Attempt to impersonate another user or person or use the username of another user.
8. Use any information obtained from the Site in order to harass, abuse, or harm another person.
9. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
10. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
14. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
16. Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
18. Use the Site in a manner inconsistent with any applicable laws or regulations.
19. Use content without proper attribution
20. Use content in a fashion that does not comply with the content’s specific licensing

14.            CANCELLATION & REFUNDS

Individual and lab licenses come with a 7-day money-back guarantee, such that you can receive a full refund if you aren't happy for any reason. When we refund you, we will restrict your access to the Course. Institutional subscriptions are billed annually and are not refundable.

Please note that refunds shall be subjected to our discretion as we deem fit and applicable to your situation.

15.            DISCLAIMERS. 

Your access to and use of the services and content provided on www.goquantfish.com   are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (QUANTFISH ENTITIES are QUANTFISH founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

QUANTFISH makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from QUANTFISH or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the QUANTFISH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by QUANTFISH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUANTFISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUANTFISH EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT QUANTFISH HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

Limitation of Liability for Use of Service. While all persons associated directly or indirectly with this site, downloads and video use their best efforts in preparing the content, there is no express or implied representations, guarantees or warranty with respect to the accuracy or completeness of the content of the videos, including any content, links or resources shared, including those by third parties. Furthermore, all parties specifically disclaim any and all express or implied warranties of merchantability, guarantees, or fitness for a particular purpose. The advice and strategies contained herein, if any, may not be suitable for your situation. No liability or damages shall take place because of this video and/or content.  By watching this and all related videos herein, you agree to be bound by the disclaimer at www.goquantfish.com/disclaimer.  No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, except as permitted under the United States Copyright Act, and/or without the prior express written permission of QUANTFISH LLC.

16.            CHANGES

If QUANTFISH decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes. 

17.            GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.goquantfish.com,   is hereby governed by, and constructed and enforced in accordance with the laws of the West Virginia. The competent courts in West Virginia shall have the exclusive jurisdiction to resolve any dispute between you and QUANTFISH.

 

LEGAL DISCLAIMER

1. PROFESSIONAL DISCLAIMER

The use of the course materials and contents, cannot and does not contain any legal, medical, tax, or financial advice. All of the information provided on our Site is for general informational and educational purposes ONLY. You should NOT take any information on our Site as a substitute for your own scientific expertise. 

We may use human subject data in our student practice materials. This should be used only for your own educational purposes and same must not be reproduced in anyway or published by you.

You are advised not to take any of the recommendations, practices or advice on this website without seeking additional consultation from an expert statistician if in doubt.

YOUR ACCESS TO, USE OF, AND RELIANCE ON ANY INFORMATION PROVIDED ON OUR SITE IS SOLELY AT YOUR OWN RISK. You agree and acknowledge that we shall not be held responsible for any harm, loss or damage that might arise from trying or using the instructions in the course materials and you further release us from any liability whatsoever.

From time to time, our Site may contain links to other external websites and third parties. Moreover, we may have ads and banners on our Website that contain external links in them to third-party websites, products, and companies. We do not check, control, validate, monitor, or investigate such links for accuracy, adequacy, validity, reliability, availability, or completeness. We do not warrant, endorse, guarantee, or assume responsibility for any information or product offered by third-party websites. If you choose to click on links and be taken to an external website belonging to a third party, then you and only you are responsible and liable for your actions should you suffer or incur any harm or loss.

You acknowledge and agree that our Company and Website have not made any guarantees about the results of the usage of the tutoring materials. Regardless of whether a product or service is recommended, we absolutely do not make any guarantees as to the results. You understand and agree that what works for one person might not work for another person. Moreover, results are dependent on many different factors, and we cannot make any guarantees. 

TESTIMONIAL DISCLAIMER

Our Site may contain testimonials by actual users of the site and/or services. These testimonials reflect the actual user’s true and own opinions and experiences. We do not pay or manipulate these testimonials. They appear on our Website verbatim as given to us by the users, except for the correction of grammar or typing errors.

However, you agree and understand that the experiences are personal to those particular users, and these experiences may not be representative of everyone’s experience with that product and/or service. Your individual results may vary.