INSTADOSE™ WEB SITE TERMS OF USE

IMPORTANT: PLEASE READ THESE WEB SITE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

USE OF SITE
Quantum Products (the “Company”) authorizes you, subject to the restrictions herein, to view and download the materials at this internet site (the “Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. All right to, title to, and interest in all information, content and software displayed on, transmitted through, or used in connection with the Site, including for example articles, reviews, directories, advice, messages, comments, posts, text, data, recommendations, letters, guides, text, photographs, images, illustrations, graphics, music, sound, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Proprietary Content"), the Site’s look, feel, selection and arrangement, the designs, trademarks, service marks and trademarks displayed on the Site and the Site URLs are the property of the Company or its affiliated companies, licensors and/or suppliers and are protected by copyrights, trademarks, patents and/or other proprietary rights and laws. The entire contents of this Site are copyrighted as a collective work/compilation. The Company or its licensors owns the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of such content in whole or in part.

The Company grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, and print the Proprietary Content retrieved from this Site only for your personal, noncommercial use, and you may download or print a single copy of any portion of the Proprietary Content solely for your personal, noncommercial use, provided you do not remove or obscure any trademark, copyright or other notice displayed on or in connection with such Proprietary Content. However, the Company does not represent or warrant, and hereby disclaims any and all representations or warranties (whether express or implied), that use of any Proprietary Content will not infringe rights of third parties. If you operate a website and wish to link to the Site, you may do so at your own risk, provided you follow the guidelines at the bottom of this page and agree to cease such link upon request from the Company. No other use is permitted without prior written permission of the Company. The permitted use described in this paragraph is contingent upon your compliance at all times with this Agreement. If you breach any of these Terms, your authorization to use this Site automatically and immediately terminates and you must immediately destroy any downloaded or printed materials. The Company also reserves the right to terminate your authorization to use the Site or any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms.

USE OF SOFTWARE OR SERVICES
Your use, installation or downloading of software from this Site (“Software”) or purchase of the dosimetry subscription service indicates your acceptance of and is subject to the license terms of any applicable software license agreement as well as the Dosimetry Subscription Service Terms and Conditions that accompanies or is provided with your purchase transaction. If no such software license agreement accompanies or is provided with the transaction, then you agree that you accept a limited, non-exclusive, non-transferable license to use the Software as is solely for your own internal business purposes and that your use of the Software is subject to the following provisions: (1) you shall not translate, disassemble, decompile, reverse engineer, alter or modify the Software or make any copies of any documentation or Software (except one copy for back-up or archival purposes only); (2) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software or related documentation to any other person or entity; and (3) THE COMPANY AND ITS LICENSORS HEREBY DISCLAIMS (AND YOU ACCEPT THE SOFTWARE WITHOUT) ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND SERVICES.

USE OF INFORMATION AND MATERIALS
The information and materials contained in the Site are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products or services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of, nor guaranteed by, the Company unless the Company is specifically identified as the entity providing such products or services. The Site has been designed to provide general information about the Company, its products and services, and ancillary health and wellness-related information. The Site is not intended to provide investment or medical advice, nor does it provide instruction on the appropriate use of products or services produced, supplied or under development by the Company, its affiliates, related companies, or its licensors, joint venture partners or other companies. The Company shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the users own risk.

SUBMISSIONS
The Company welcomes suggestions and comments regarding the Site and/or the products and services we provide. Any comments, ideas or suggestions (collectively, “Submission(s)”) submitted to the Company or the Site, either online or offline, will become the Company’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when products or services developed by the Company might seem to others to be similar to their own submissions or comments.

By making a Submission to the Company, you represent and warrant that you are the owner of all rights to such content and you expressly grant the Company an irrevocable world-wide right in all languages and in perpetuity to use and exploit in any manner deemed advisable by the Company all or any part of the Submission provided by you. Such Submission shall be deemed, and shall remain, the exclusive property of the Company. No Submission shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions.

Without limiting the generality of the foregoing, the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute and sell such material or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever – commercial or otherwise – without compensation to those who provide the Submissions.

You agree to waive all claims and have no recourse against the Company for any alleged or actual infringement or misappropriation of any rights in any communication, content or material you submit to us. In addition, you warrant that your Submissions do not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable law in any country or region of the world.

By making a Submission to the Company, you further warrant that such Submission does not infringe upon the copyrights or other rights of third-parties. Moreover, you agree to indemnify the Company for any and all claims, damages, losses, and causes of action arising as a result of your Submissions.

DMCA POLICY
If you are notifying the Company of alleged copyright infringement, please provide the following information in the form required by 17 U.S.C. § 512:

  1. Information reasonably sufficient to permit us to contact you such as your name, address, telephone number, and e-mail address;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyright works are covered by single notification, a representative list of such works;
  3. The exact URL or a description reasonably sufficient for the Company to locate the alleged infringing material;
  4. A statement by you that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. 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 agent to act on the copyright owner’s behalf.

By this notice, the Company seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512(c) or elsewhere in the laws of the United States of America or any state or territory within the United States of America. Please provide this notice to the following Designated Agent for Notification of Claimed Copyright Infringement:

NAME:       Quantum Products
ADDRESS:       P.O. Box 16451
  Irvine, CA 92623
E-MAIL:       legal@instadose.com
TELEPHONE:       (800) 359-9686
FAX:       (949) 296-1142

LINKS TO OTHER WEB SITES
Links to third party internet sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. The Company has not reviewed all of these third party sites and neither controls, nor is responsible for, any of these sites or their content. Thus, the Company does not endorse nor make any representations about them, nor about any information, software or other products or materials found there, nor about any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

DISCLAIMER
NEITHER THE COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE COMPANY SITE OR ANY INTERNET SITES LINKED TO THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The Company further does not warrant the accuracy and completeness of the content at this Site. The Company may make changes to the materials and services at this Site at any time without notice. The materials and services at this Site may be out of date and Company makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Company business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

APPLICABLE LAWS
This Site is administered by Company from its offices in Irvine, California, and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of California without giving effect to any principles of conflicts of laws. The Company makes no representation that materials, products or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials, technical information or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.
Note: Anyone linking to Company's Web site must comply with the below Guidelines for Linking to the Company's Site, as updated from time to time, and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

GENERAL
The Company may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Effective: February 1, 2009


GUIDELINES FOR LINKING TO THE COMPANY'S WEB SITE

IMPORTANT: LINKING TO COMPANY'S INTERNET SITE INDICATES THAT YOU ACCEPT COMPANY'S SITE TERMS OF USE AND LEGAL RESTRICTIONS (TERMS) AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

If you link to Company's internet site, you agree that you at all times may link to, but not replicate, the Company’s content. In addition you:


Effective: February 1, 2009