TERMS OF USE

Introduction

 

These Terms of Use (“Terms”) govern your access to and use of the website operated by Voxel Innovations, Inc. (“Voxel,” “Company,” “we,” “us,” or “our”), including at

 www.voxelinnovations.com and any pages, content, forms, files, or features that link to these Terms (collectively, the “Services”).

 

Please read these Terms carefully. By accessing or using the Services, you agree to be bound and abide by these Terms and our Privacy Policy found at www.voxelinnovations.com/privacy-policy and incorporated herein by reference. If you do not agree to these Terms, you should not access or use the Services.

 

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

 

These Terms apply only to your use of the Services. They do not modify any separate written agreement, nondisclosure agreement, proposal, quotation, purchase order, statement of work, or other contract between you and Voxel. If there is a conflict between these Terms and a written agreement signed by Voxel, the written agreement controls.

 

Privacy Policy 

 

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, disclose, and protect information in connection with the Services. Please review our Privacy Policy for more information about our privacy practices.

 

Use of the Services 

 

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

 

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

 

• Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.

 

• Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

 

• Use the Services to transmit or introduce Trojan horses, malicious code, viruses, worms, logic bombs, or other malicious or technologically harmful material.

 

• Use the Services to attempt to gain unauthorized access to any portion of the Services, related systems, accounts, servers, computers, databases or networks.

 

• Use the Services to interfere with or disrupt the operation, security, availability, or integrity of the Services.

 

• Use any robot, spider, or other automatic device, process, or means to access, scrape, crawl, copy, harvest, index, or monitor the Services.

 

• Use the Services to attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

 

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms.

 

• Use the Services to impersonate any person or entity or misrepresent your affiliation with any person or entity, including the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

 

• Use the Services to submit false, misleading, unlawful, infringing, confidential, export-controlled, or otherwise inappropriate information.

 

• Use the Services in a manner that could damage, disable, overburden, restrict, or impair the Services or interfere with any other party’s use or enjoyment of the Services or expose them to liability.

 

No Engineering, Manufacturing, Legal or Professional Advice 

 

The information available through the Services is provided for general informational purposes only. Website content, articles, whitepapers, examples, images, capability descriptions, case studies, technical discussions, and other materials do not constitute engineering advice, manufacturing instructions, legal advice, regulatory advice, or other professional advice.
 

Any discussion of manufacturing processes, materials, tolerances, surface finish, design considerations, or technical capabilities is general in nature and may not apply to a particular part, material, design, application, industry, or regulatory environment. Any actual project, quotation, process recommendation, manufacturability assessment, or production commitment requires Voxel’s separate technical review and written agreement.

 

No Offers, Commitments, or Guarantees

 

Information on the Services does not constitute an offer, acceptance, quotation, purchase commitment, warranty, guarantee, or binding representation by Voxel. Any descriptions of Voxel’s capabilities, processes, specifications, lead times, quality systems, certifications, or other business information are subject to change and may depend on project-specific review, technical feasibility, commercial terms, and written agreement.

 

No statement on the Services should be interpreted as a guarantee that Voxel can manufacture a particular part, meet a particular specification, achieve a particular result, accept a particular project, or provide a particular product or service.

 

Intellectual Property 

 

The Services and all content, materials, features, and functionality available through the Services, including text, graphics, images, photographs, videos, animations, whitepapers, articles, designs, logos, trademarks, service marks, trade names, software, code, layout, and other materials, are owned by Voxel, its licensors, or other providers or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

Subject to these Terms, you are permitted to access and use the Services for lawful informational and business purposes. You may not copy, reproduce, modify, distribute, display, perform, publish, download, store, transmit, license, sell, or create derivative works from any portion of the Services except as expressly permitted by these Terms or with Voxel’s prior written consent.

 

You may download or print a reasonable number of copies of publicly available materials from the Services solely for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
   

• You may store files that are automatically cached by your Web browser for display enhancement purposes.
   

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
   

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
   

• If we provide social media features with certain content, you may take such actions as are enabled by such features.
   

You must not:
 

• Modify copies of any materials from the Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete, remove or alter any copyright, trademark, confidentiality, or proprietary notices from copies of materials from the Website.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Voxel’s names, logos, and all related names, product slogans, service names, designs and marks are trademarks of Voxel or its affiliates or licensors and may not be used without Voxel’s prior written permission. All other trademarks, service marks, logos, and trade names appearing on the Services are the property of their respective owners.

 

Submissions and Communications

 

The Services may allow you to submit comments, feedback, information, suggestions, submissions or materials (collectively, “User Submissions”). Any User Submissions will be considered non-confidential and non-proprietary by the Company. You are responsible for the accuracy, lawfulness, and appropriateness of any User Submissions, including their compliance with these Terms. By submitting User Submissions through the Services, you represent that you have the right to provide that information and that your submission does not violate any law, contract, third-party right, confidentiality obligation, export-control obligation, or other restriction, and you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

 

Employment Applications and Third-Party Recruiting Tools

 

The Services may link to or embed employment application tools or pages operated by JazzHR or another third-party recruiting or applicant-tracking provider. If you submit application information through a third-party recruiting platform, your use of that platform may be governed by the third party’s own terms and privacy notices. Voxel may receive and use applicant information for recruiting, hiring, and related employment purposes, and as further set forth in its Privacy Policy.

 

Third-Party Links, Embedded Content, and Tools

 

The Services may contain links to, integrations with, or embedded content from third-party websites, platforms, services, or tools, including recruiting platforms, video players, audio players, analytics providers, advertising platforms, social media platforms, maps, or other external services.

 

These third-party services are provided for convenience or functionality, and Voxel does not control and is not responsible for their content, terms, privacy practices, security practices, availability, accuracy, or performance. Accessing or using third-party websites or services is at your own risk and may be subject to the third party’s own terms and policies.

 

Voxel does not endorse, warrant, or assume responsibility for any third-party content, product, service, website, or platform merely because it is linked to or accessible through the Services and Voxel takes no responsibility for them or for any loss or damage that may arise from your use of them.

 

Linking to the Website

 

You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

Website Availability and Changes

 

Voxel may modify, update, suspend, discontinue, restrict, or remove all or part of the Services at any time without notice. We do not guarantee that the Services will be available, uninterrupted, secure, error-free, accurate, complete, or current.

 

The information presented on or through the Website is made available solely for general information purposes. Voxel may update website content from time to time, but we have no obligation to update any information on the Services. Information available through the Services may be incomplete, outdated, or inaccurate and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk and Voxel is not responsible for any reliance you place on such information.

 

Disclaimer of Warranties 
 

THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, AND FEATURES AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXEL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.

 

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXEL, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND, IN EACH CASE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES.
 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXEL’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF VOXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification 

 

You agree to defend, indemnify, and hold harmless Voxel and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) any information you submit through the Services; or (d) your violation of any applicable law or the rights of any third party. Voxel reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with Voxel’s defense of such claims and not to settle any matter without Voxel’s prior written consent.

 

Governing Law  

 

These Terms and any dispute arising out of or relating to the Services or these Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

 

Dispute Resolution and Venue   

 

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Wake County, North Carolina. You consent to personal jurisdiction and venue in such courts and waive any objection to the convenience or propriety of venue in such courts.

 

Class Action Waiver

 

REGARDLESS OF THE FORUM, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Severability 

 

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision will be deemed modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions of these Terms will continue in full force and effect.

 

Waiver 

 

No failure or delay by Voxel in exercising any right, power, or remedy under these Terms will operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy will preclude any other or further exercise of it or the exercise of any other right, power, or remedy. A waiver of any breach or default under these Terms will not constitute a waiver of any subsequent breach or default.

 

Changes to These Terms

 

Voxel may revise and update these Terms from time to time at our sole discretion. We will notify you of any changes by posting the new Terms on this page. Changes are effective when posted to the Services, and the date of last update will be identified at the top of the Terms. Your continued access to or use of the Services following the posting of revised Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

 

Termination and Restriction of Access 

 

Voxel reserves the right, in its sole discretion, to terminate, suspend, restrict, or block your access to all or any part of the Services at any time and for any reason, including for violation of these Terms, without notice or liability to you. Upon termination, your right to use the Services ceases immediately. Provisions of these Terms that by their nature should survive termination will do so, including without limitation those related to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

 

Entire Agreement 

 

These Terms, together with our Privacy Policy and any other legal notices or policies published by Voxel on the Services, constitute the entire agreement between you and Voxel with respect to your use of the Services. These Terms supersede any prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral, regarding the Services. As noted in the Introduction, these Terms do not modify any separate written agreement between you and Voxel.

 

Contact Information 

 

If you have questions or comments about these Terms, you may contact us at:

Voxel Innovations, Inc.

520 Hinton Pond Rd, STE 128

Knightdale, NC 27545

Email: privacy@voxelinnovations.com

Phone: 1-800-404-7165

 

The Company respects the intellectual property rights of others. All notices of copyright infringement claims should be sent to the address above, with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.

 

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to privacy@voxelinnovations.com.