Terms of service
Terms of Service
Effective Date: May 15th 2024
1. Introduction
These Terms of Service ("Terms") are a legally binding agreement between you and Quicktool, LLC, a Delaware limited liability company ("Quicktool", "we", "us", or "our"), the owner of the Prolungs website (the "Site") and the services provided therein (the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
2. Use of the Site and Services
a. Eligibility: You must be at least 18 years old to use the Site and Services.
b. Permitted Use: The Site and Services are intended for personal, non-commercial use. You may not use the Site or Services for any illegal or unauthorized purpose, or engage in any activity that could damage, disable, overburden, or impair the Site or Services.
c. Account Registration: To use certain features of the Site and Services, you may be required to register an account. You agree to provide accurate and complete information, and to keep your account information up to date.
3. Intellectual Property
a. Ownership: The Site and Services, including all text, graphics, logos, icons, images, audio clips, video clips, digital downloads, and data compilations, are the exclusive property of Quicktool or its content suppliers.
b. License: We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Services for personal, non-commercial use.
4. User Conduct
a. Prohibited Activities: You agree not to engage in any activity that could damage, disable, overburden, or impair the Site or Services, or interfere with any other user's use of the Site or Services.
b. User Content: You are responsible for any content you submit or post to the Site or Services. You agree not to submit or post any content that is illegal, fraudulent, threatening, or harassing.
5. Disclaimer of Warranties
a. The Site and Services are provided on an "as is" and "as available" basis, without warranties of any kind.
b. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6. Limitation of Liability
a. In no event will we be liable for any damages, including but not limited to incidental, consequential, or punitive damages, arising out of the use or inability to use the Site or Services.
b. Our liability for damages will be limited and capped at the amount of fees, if any, paid by you to us during the three (3) months preceding the claim.
7. Termination
a. We may terminate or suspend your access to the Site or Services at any time, without notice, for any reason or no reason.
b. Upon termination, your rights to use the Site and Services will immediately cease.
8. Governing Law and Jurisdiction
a. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
b. Any disputes arising out of or related to these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
9. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Site and Services, and supersede all prior or contemporaneous agreements, whether written or oral.
10. Contact Us
If you have any questions or concerns about these Terms, please contact us at info@prolungs.com.
Effective Date: May 15th 2024
Note: This Terms of Service is subject to change, and any changes will be effective upon posting of the revised policy on this website.