Terms for the Service
By using the quarkanalytics.com web site ("Service"), or any software products or services of © Quark Analytics, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE PRODUCTS and SERVICES.
If Quark Analytics makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.quarkanalytics.com/Terms
Violation of any of the terms below will result in the termination of your Account. While Quark Analytics prohibits such conduct and Content on the Product and Service, you understand and agree that Quark Analytics cannot be responsible for the Content posted on the Product and Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
- You must be 16 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process. Any registration information that you provide to us via your Quark Analytics account must be accurate, current and complete. You are responsible for maintaining your information always current so that we may send notices, statements and other information to you by email or through your Quark Analytics Account. You are responsible for all actions taken through your accounts.
- Your login may only be used by one person - i.e., a single login may not be shared by multiple people.
- You are responsible for maintaining the security of your account and password. Quark Analytics cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading, Downgrading Terms, Changes to Terms & Changes to Services
- All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
- An upgrade from the free plan to any paying plan will immediately bill you.
We accept the following forms of payment:
- You may require purchasing or pay a fee to access some of our services. You agree to provide, complete, and accurate purchase and account information for all purchases made via the Site.
- If you select a Paid Plan, You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify Quark Analytics if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, you agree that Quark Analytics may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.
- If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that Quark Analytics may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation.
- If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that Quark Analytics may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account. Quark Analytics will contact You via electronic mail to alert You upon each charge. Quark Analytics may change prices at any time without prior notice but will endeavor to provide reasonable advance notice via the Quark Analytics website and/or electronic mail. You agree that in the event Quark Analytics is unable to collect the fees owed to Quark Analytics for Your Account through Your Subscription Fee, Quark Analytics may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Quark Analytics in connection with such collection activity, including collection fees, court costs and attorneys' fees.
- You agree to pay all charges of fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amount upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
- 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 refuse any order placed through the Site.
- All purchases are non-refundable. You can cancel your subscription any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
- Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account. Quark Analytics does not accept any liability for such loss.
- Quark Analytics may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Quark Analytics website. If an amendment is material, Quark Analytics will notify you by email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Quark Analytics to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
- Quark Analytics constantly changes and improves the Services. Quark Analytics may add, alter, or remove functionality from a Service at any time without prior notice. Quark Analytics may also limit, suspend, or discontinue a Service at its discretion. If Quark Analytics discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Quark Analytics may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- Quark Analytics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Product and Service, or any other Quark Analytics service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Quark Analytics reserves the right to refuse service to anyone for any reason at any time.
- In the event that Quark Analytics takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
- If you are unsatisfied with our services, please email us at email@example.com.
D. Temporary Suspension for non-payment
- Quark Analytics reserves the right to suspend your access to Quark Analytics' Products in the event that you fail to make payment for its subscription.
- If Quark Analytics suspends your access to Quark Analytics' Products for non-payment, you must pay all past due amounts in order to restore its access to Quark Analytics' Products.
- You hereby agree that Quark Analytics is entitled to charge you for the time period during which you have access to Quark Analytics Products until you or Quark Analytics terminates or suspends your subscription in accordance with this agreement.
E. Modifications to the Service and Prices
- Quark Analytics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product and Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Quark Analytics Site or the Service itself.
- Quark Analytics shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
F. International Usage
- Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
G. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Support for Quark Analytics services is only available in English, via email, chat or phone depending on the your subscribed plan.
- You understand that Quark Analytics uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Quark Analytics, or any other Quark Analytics service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product and Service, use of the Service, or access to the Service without the express written permission by Quark Analytics.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Quark Analytics customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Quark Analytics does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Quark Analytics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Quark Analytics has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
H. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- You will not remove, deface or obscure any of Quark Analytics copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
- Quark Analytics does not pre-screen Content, but Quark Analytics and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Quark Analytics against any claim, demand, suit or proceeding made or brought against Quark Analytics by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Quark Analytics for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Quark Analytics in connection with any such claim, demand, suit or proceeding; provided, that Quark Analytics (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Quark Analytics of all liability); and (c) provides to You all reasonable assistance, at Your expense.
I. ACCEPTANCE OF TERMS
This Terms of Service applies to your use of the Quark Analytics services, including the access to a variety of resources such as developer tools, download areas, communication forums and product information through Quark Analytics network of Web properties (including any updates, enhancements, new features, and/or the addition of any new Web properties) and other content that Quark Analytics makes available from time to time (the "Services"). Quark Analytics reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages. By accessing and using our Services, you are agreeing to these Terms of Service.