QUANTUM PERFORMANCE TERMS AND CONDITIONS

ACCEPTANCE OF THE TERMS OF USE

QUANTUM PERFORMANCE, LLC (“Quantum Performance”, “Company”, “we” or “us”) provides its Quantum (the “Software”) to individuals and organizations who have obtained a subscription from us (the “Subscribers”), who use the Software to provide insights about the biomechanical and athletic performance of their clients (the “End Users”). You are an End User who has obtained a subscription to the Software directly or who is receiving services from a Subscriber using the Software. The following terms and conditions (“Terms of Use”) govern the creation of your user profile on the Software and the use of the Software to provide actionable insights on your performance (the “Results”).

Please read the Terms of Use carefully before you create a user profile. By creating a user profile, requesting a Quantum report, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not create a user profile for the Software or request a Quantum report.

ACCEPTANCE OF PRIVACY POLICY

All information we collect for your user profile is subject to our PRIVACY POLICY. By creating a user profile, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

INTELLECTUAL PROPERTY RIGHTS

The Software is owned by the Company and is protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Software to obtain Results solely for your personal use under the supervision and control of a Subscriber to the Software.  You may not access or use the Software for any other purpose.

DISCLAIMER OF WARRANTIES

We provide certain warranties to Subscribers with respect to the Software. WE HEREBY DISCLAIM ALL WARRANTIES TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SOFTWARE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE EQUILIBRIUM SYSTEM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ADDITIONAL DISCLAIMERS

The Software provides processed data and actionable insights that can be used to make assessments for analytical purposes. The Software is not intended to diagnose, treat, cure or prevent any disease, medical condition or injury. The information presented through the Software should not be used as a substitute for, or a replacement of, clinical decision making by a doctor or licensed provider with respect to the diagnosis, treatment, cure or prevention of any disease, medical condition or injury. We do not offer, and the Software does not constitute, medical, therapeutic or health care services or advice. Use of the Software does not create any physician-patient relationship between us and you. The Software has not acquired a CE Marking or FDA approval and as such it is not a medical device and is not an approved system for therapeutic purposes. You and the Subscriber with which you are collaborating are solely responsible for the accuracy, integrity, legality and appropriateness of any data that is uploaded to or processed through the Software.  We will not independently review, approve or correct any such data. The Results are based on such data, and therefore the Results may be inaccurate, incomplete or misleading if the data that you provide to the Software is inaccurate, incomplete or misleading, including as a result of your or your Subscriber’s failure to follow the applicable protocols for collecting data for use with the Software.