Terms of Use | Quark + Lepton LLC

Last updated: October 25, 2016

By accessing this web site, you the user are bound by the terms and conditions set forth below for your use of the web site. The site and the functions, facilities and services related thereto ("the Site") are proprietary services operated and maintained by Quark + Lepton LLC. This Agreement contains the terms and conditions on which Quark + Lepton LLC is willing to permit your use of the Site and you must accept these terms and conditions for use of the Site. Your use of the Site signifies your agreement to the terms and conditions of this User Agreement. If you do not agree with these terms and conditions, you may not use the Site.


1. Users

This Site may be used by you in an individual capacity or as a representative of a business entity. This Site is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Site is your representation that you satisfy this requirement.


2. Prohibited Uses

You agree that you will not use the Site: in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; to invade the privacy of others; to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Site; to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material, or to encourage conduct that would give rise to civil liability of any manner.

You agree that you will not: violate, or assist in violating, the security of the Site, whether intentionally, negligently or otherwise; impersonate Quark + Lepton LLC personnel or other persons or entities; use any electronic mail message, device, software or programming routine that may impair, interfere or impose an unreasonable burden on the Site or Quark + Lepton LLC; intercept or expropriate any system, data or information of this web Site; or resell, assign or transfer, in whole or in part, your right to use the Site.


3. Proprietary Materials

The Site contains trademarks, copyrights and other proprietary information and materials. This Site and all such materials are owned or licensed by us. Everything on this Site is copyrighted. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Site or on any materials obtained through this Site.


4. Notice and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designee. Quark + Lepton LLC respects the intellectual property of others, and we ask our users and visitors to do the same. Quark + Lepton LLC will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Quark + Lepton LLC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Quark + Lepton LLC the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. Your address, telephone number, and email address;
  4. A 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;
  5. 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 behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.

Notices of claimed copyright infringement should be directed to:

By mail:

Quark + Lepton LLC
Attn: Legal Department
3550 Frontier Ave Unit A2
Boulder, CO 80301 USA


5. User Information; Privacy

You should review our current Privacy Policy which is incorporated in this Agreement by reference. We reserve the right to disclose non-personally identifiable information regarding you to third parties, and any information required to be disclosed by law to government authorities.


6. No Warranties

The information and services included in or available through the Site may include inaccuracies or errors. Quark + Lepton LLC may make improvements and/or changes to the Site at any time without notice. Quark + Lepton LLC does not guarantee that access to or use of the Site will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Site and its servers are free of harmful components. Quark + Lepton LLC does not guarantee that the uses of its Site, or the materials provided within the Site, are accurate, without error, or reliable. You acknowledge and agree that Quark + Lepton LLC is not responsible or liable for messages you receive, even if they are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringe the intellectual property or other rights of another. You acknowledge that Quark + Lepton LLC will not be responsible for any injuries or damages connected with the use of, loss of use of, or inability to use, the Site. The user is solely responsible for any and all information that he or she transmits using the Site. Quark + Lepton LLC will not be responsible or liable for any product acquired or requested using the Site. The user's sole and exclusive remedy is to discontinue their use of the Site. You agree to accept the site "as is" and to use it at your sole risk. Quark + Lepton LLC disclaims all representations, warranties and guarantees of any kind, expressed or implied, including without limitation warranties of merchantability or fitness for particular purpose. You agree that Quark + Lepton LLC will have no liability for injuries or damages of any kind whatsoever.


7. Indemnification

You agree that Quark + Lepton LLC, its subsidiaries, its officers and employees, will not be held responsible for any third party claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of the Site.


8. Export Control Laws

Export of any information from this Site is subject to all United States Export Control laws. No content from this Site may be downloaded or otherwise exported in violation of these or any other laws.


9. Amendment to User Agreement

Quark + Lepton LLC has the right to amend this User Agreement at any time by posting the amended User Agreement on this Site. The amended User Agreement will be effective on the date specified in the posting. Your use of the Site following the effectiveness of any notice of amendment will indicate your acceptance of the amended User Agreement.


10. Governing Law and Jurisdiction

This User Agreement and all other aspects of your use of the Site shall be governed by the laws of the State of Colorado, without regard to its conflicts of laws principles. The parties submit to the jurisdiction of and agree that all claims and disputes arising out of this User Agreement or your use of the Site shall be submitted to and resolved by binding arbitration in Boulder, Colorado pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Quark + Lepton LLC may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Quark + Lepton LLC pending the completion of arbitration.


11. Entire Agreement

This User Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a user of the Site. If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by Quark + Lepton LLC to enforce any provision of this User Agreement at any time is not a waiver of any provision or right.


12. Links to Third-Party Sites, Advertisers and Promotions

The links included within this Site may allow you leave the Site and visit third party sites. These third party sites are not under the control of Quark + Lepton LLC. Quark + Lepton LLC will not be responsible for the contents of any third party site nor is Quark + Lepton LLC responsible for the functionality of any third party site. Quark + Lepton LLC provides links between our Site and third party sites to you strictly as a convenience. A link's inclusion in this Site does not constitute an endorsement the site or its operators or of the goods or services provide by or accessed through said site. Any promotions sponsored by advertisers on the Site or your dealings with said advertisers are matters solely between you and that advertiser or third party. Quark + Lepton LLC will not be responsible in whole or in any part for any such connections or dealing with advertisers, third parties or their promotions.