Terms & Conditions

Terms of Use:

The following terms and conditions (“Terms of Use”) are for the Qvella website www.qvella.com (the “Website”), made available by Qvella Corporation (hereafter referred to as “Qvella”, “we”, “us” and “our”).

General

The Website is for informational purposes only. Any information contained or referenced in this Website is suitable only as an introduction to our company. For specific information, please contact us directly. By using our Website, you agree to these Terms of Use. If you do not agree to these terms, do not continue to use this Website. In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations, including the right to block access from a particular Internet address to our Website. These terms and conditions apply to all visits and visitors to our Website.

Provision of the Website

We hereby grant you permission to access and use the Website solely for your personal, noncommercial use and only as permitted by these Terms of Use or any Additional Terms (defined below).

You acknowledge and agree that the form and nature of the Website may change from time to time without prior notice to you.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally, at our sole discretion, without prior notice to you.

Intellectual Property Rights

The entire contents of this Website, including its graphic design, underlying source files and software, are owned by Qvella and protected by copyright and/or other intellectual property rights. You may download material from our Website for your own personal, non-commercial use only. However, you are not allowed to modify, reproduce, distribute, link into, post or transmit any material from our Website without our prior written permission. Proprietary and other legal notices or other identifying information may not be removed from any downloaded materials. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of any third party or ours.

QvellaTM, FASTTM Technology, FAST™ ID BSI Panel Cartridge, FAST™ ID BSI Panel System, microbiology in minutes™, Redefining Rapid, and all Qvella logos are marks of Qvella. Qvella reserves all right, title and interest in and to all developments, products, services, names, marks and logos referenced in this website, whether registered or not. Other trademarks, service-marks and trade names appearing in this website are the property of their holders. Nothing herein shall be construed as granting any license or right to use any name, mark or logo.

Privacy

For information on how we collect, use, disclose, manage and safeguard your personal information with respect to your use and interaction with the Website, please visit our Privacy Policy.

Website Availability

Due to various reasons, this Website may be occasionally unavailable. While Qvella does its best to avoid such malfunctions, it cannot predict or fully control, and is not responsible for, the occurrence and duration of such malfunctions.

Disclaimers

Qvella will use reasonable efforts to include accurate and up-to-date information on its Website but makes no warranties or representations as to the accuracy, completeness or suitability of information presented on its Website. In addition, any information presented on this Website may only be accurate as of the date on which it was posted. Qvella disclaims any responsibility to update such information. We may change the information provided on our website at any time without notice and we will not be liable in any way for possible consequences of such changes.

Qvella shall not be held responsible for any action or omission taken on the grounds of any information included on its Website. You hereby agree that any access and use of the Website is done at your own risk. All information provided on our Website is provided "AS IS" without warranty of any kind. Affiliates, our collaborators and we disclaim all warranties, express or implied, including those of merchantability and fitness for a particular purpose. We make no representation or warranty, express or implied, that any use of the information contained in our Website will not infringe on any patent, copyright or trademark. Qvella and any party involved in developing or delivering this website shall not be liable for any direct, incidental, consequential, indirect, or punitive damage arising out of access, use, or inability to use or access this website, including, but not limited to, any damages arising from errors or omissions, misprints, out-of-date information, inaccuracies, typographical or other errors appearing on this Website.

In addition, Qvella Corporation cannot guarantee that the content posted on its Website has not been affected by technical malfunctions or unauthorized infiltrations. Qvella therefore cannot and does not acknowledge that its website is free from code of contaminating or destructive purposes, such as viruses, worms, Trojan Horses, etc. We urge you to be advised with technical experts as to any measures that can be taken as precaution against such code.

This Website contains third-party information. Such information is, wherever reasonably possible, marked with the name of the source. Such third-party information does not necessarily represent our views and we take no responsibility whatsoever for such third-party information, nor do we adopt or endorse any such information.

Users of this Website should be aware that products under development described in this Website have not yet been approved by any regulatory agency.

External Links/Hyperlinks

Due to considerations of convenience and the provision of information, our Website includes links to other sites that may offer useful information. The inclusion of links to those websites does not signify endorsement by Qvella of such other websites, or third-party products or services. Qvella has no control over the content on such third-party websites, and Qvella does not take any responsibility or assume any liability for the accuracy and reliability of any information contained on such sites. When you link to any other website, you understand and agree that you do so at your own risk. Use of such third-party websites is subject to their particular terms of use and privacy policy. Qvella Corporation suggests checking the terms of use and privacy policy on each linked site directly.

Medical Terms

Our Website may, from time to time, contain information relating to various medical conditions, treatments, pharmaceuticals and diagnostic devices. This Website does not purport to provide you with medical advice of any kind whatsoever. You are advised to consult a physician or other medical professional for advice regarding any medical condition or treatment thereof.

Investment Terms

This Website is also not intended to be used in making any decision relating to an investment in the securities of Qvella. Investors or prospective investors are urged to review and carefully consider the investment materials that we provide in connection with any offering of securities, and all information contained on this website is qualified in its entirety by reference to such investment materials, including the risk factors contained in those investment materials.

Forward Looking Statements

This Website may contain “forward looking statements” including statements about Qvella’s future plans, product development, potential alliances and intellectual property. You hereby acknowledge that the existence of various risks and uncertainties may cause our actual results and achievements to differ materially from our statements and projections contained in this Website. Such risks and uncertainties include adverse results concerning our products, the clinical development processes, problems with obtaining sufficient patent protection for our discoveries, competition from companies involved with other or similar technologies, our dependence upon strategic alliance partners to develop and commercialize products and services based on our work and difficulties or delays in obtaining regulatory approvals. Qvella disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Representations

You hereby represent and warrant that you will: (i) adhere and comply with all applicable laws, rules and regulations with respect to your use of our Website; (ii) not knowingly introduce to this Website any code of contaminating or destructive nature, such as viruses, worms, etc.; (iii) engage in any activity that attempts to extract any proprietary information from the Website; (iv) engage in any activity that interferes with or disrupts the use of the Website, including bypassing any measures we may use to prevent unauthorized access to the Website; (v) promote, upload, post or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, discriminatory, defamatory or otherwise objectionable and (vi) comply with these Terms of Use as they may be updated by Qvella from time to time.

You agree to indemnify, defend and hold harmless Qvella, its subsidiaries, affiliates, directors, officers, employees, agents and assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, or associated with, your use of this Website and any violation of these terms and conditions by you.

Amendments and Additional Terms

We reserve the right to amend, modify and supplement these Terms of Use from time to time as we see fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Website (“Additional Terms”). By accessing and using the Website, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and the Privacy Policy are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any provision of these Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Any rights not expressly granted herein are reserved without limitation.

Contact Us

In case of any questions or inquiries about the Terms of Use of this Website, or its implementation, please contact us at info@qvella.com