Legal Terms and Conditions

Here are the legal Terms & Conditions for using our QFO Labs websites. We may from time to time change these Terms & Conditions.

Copyrights

This site is controlled and operated by QFO Labs, Inc. All of the QFO Labs web sites are protected by copyright. Any of the pictures, games or written information you copy, print or download is licensed to you by QFO Labs for your own use, but we ask that you do no change or delete anything downloaded from the website. 

If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data are licensed to you by QFO Labs for your personal, non-commercial use only, and QFO Labs does not transfer any title or intellectual property rights to the software and/or data. You may not sell, redistribute or reproduce the software and/or data for a profit without a prior license from us to do so.
© 2012-13 QFO Labs, Inc., All rights reserved.

Trademarks

The trademarks and logos used on the web sites are owned by QFO Labs, unless otherwise indicated, and you may not copy or use them in any manner without prior written permission.
QFO, Quad Fighter, Mimix and QF-1 and their design marks are trademarks of QFO Labs, Inc.

Patents

The Mimix™ and Quad Fighter™ products may be protected under one or more US and international patents and pending patent applications, including U.S. Patent Nos. 7,931,239, 9,004,973, 9,073,532, 9,011,250 and D691,217.

Accuracy of Information

We attempt to ensure that all the information included on our web sites is complete, accurate and current. Despite our efforts, the information on our web sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on our web sites.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, as well as impersonation or spoofing of others, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

QFO Labs does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to QFO Labs in its sole discretion.

Reps and Warranties

QFO Labs makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from locations other than within the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

Disclaimers and Limitation of Liability; Forward-Looking Statements 

THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. QFO LABS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Indemnification

You agree to indemnify, defend, and hold harmless QFO labs, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Miscellaneous

These terms and conditions will be governed by and construed in accordance with laws of the State of Minnesota, United States of America, without giving effect to any principles of conflicts of law. If any provision of these terms and condition is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. If you have any questions, please contact us at the addresses indicated in our Contact Us link.

Privacy Policy

At QFO Labs, your privacy is important to us. Here are our basic policies about how we will use and treat information you provide to us.

  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless:
    •           it is being used as part of our on-going relationship with you, or
    •           we have asked for and received your permission to store personal information

This privacy policy sets out how QFO Labs uses and protects any information that you give us when you use any of our websites. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement. QFO Labs may change this policy from time to time by updating this page so please regularly check to ensure that you are happy with any changes.

What we may collect

We may collect the following information:

  • Name and job title
  • Contact information including email address
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers

What we do with the information we gather

We use this information to understand your needs and provide you with a better service, particularly for the following reasons:

  • Internal record keeping
  • Information to improve our products and services, including customizing our websites according to your interests and preferences
  • If you do not opt out, we may periodically send promotional email about new products, special offers or other information that we think you may find interesting using the email address which you have provided
  • If you do not opt out, from time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail
  • If you do not opt out, we may provide your information to our third party partners for marketing or promotional purposes
  • We will never sell your information

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web site traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and they are not governed by our privacy policy. You should exercise caution and look at the privacy statement applicable to the website in question.

Aggregated Statistics

We may collect statistics about the behavior of visitors to its websites. For instance, we may monitor the most popular blogs on the WordPress.com site or use spam screened by third party service to help identify spam or use Google Analytics for our websites. While we may decide to use or display aggregated information of this kind publicly or provide it to others, we will not disclose personally-identifying information other than as described below.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to allow us to use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at the addresses indicated in our Contact Us link

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties that we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the addresses indicated in our Contact Us link. We will promptly correct any information found to be incorrect.

Purchase Terms

The following are the terms and conditions for purchasing products through our QFO websites.

Payment Terms

We accept credit card, PayPal and T/T Wire Transfers as payment for orders. For T/T Wire Transfers payments, the order will not ship until the payment is received and ‘clears’. For PayPal eCheck, we will not ship until the payment clears. Due to potential fraud and misuse, we may decide not to ship an order, or request additional verification information for credit card or PayPal payments. Credit cards must clear the authorization process.
Orders that have been on hold for more than 5 days (order is placed, but payment has not cleared), may be canceled.

Shipping and Processing Terms

We can’t add or remove any item to an order that has already been placed. Orders may be combined but will not be modified; once you place your order we are unable to change it. If you miss any items you can place a new order, and if any previous orders have not been shipped, it may be possible to combine them. Orders cannot be canceled once they have shipped.

We reserve the right to cancel or modify orders and issue refunds or exchanges if:

  • We can no longer provide one or more items of the order (i.e. discontinued parts).
  • When one or more items of the order may not be shipped within 30 days of payment being cleared.
  • When one or more items of the actual order is marked as “In Stock” but was actually “Out of Stock” due to an inventory error.

We strive to ship orders are soon as possible, however we do not guarantee delivery or shipment dates. Orders are shipped to the delivery address noted in the customer order. This address is noted in the email sent to the customer upon ordering and is also available in the account order history. For international orders, you are also responsible for any tariffs, taxes, fees, VAT, duties due upon receipt. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

We strongly encourage using a traceable shipping method (FedEx). Use of non-traceable shipping (USPS) is at customer’s own risk and there is no way to retrieve or locate the package once it has been sent. We are not responsible for delays, loss or damage stemming from shipments sent to incorrect, invalid addresses or correct addresses (USPS). Orders may end up being returned for various reasons including: non-payment of tariffs, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will be contacted and will have to pay for re-shipment postage. We are not responsible for damaged or lost packages shipped via USPS at any time and under any circumstance.
Not all packages are insured. For FedEx, packages are insured and claims may be filed almost immediately, but its best to wait a few days. For United States Postal Service (USPS), there is no insurance offered. Claims for lost packages must be filed no earlier than 21 days after shipment and before 90 days. Please note that when you chose to declare a value that is less than actual value, the insurance will cover the declared value, regardless of the actual cost.

We do not ship products to the following countries: Cuba, Iran, Iraq, Syria, North Korea, Myanmar (formerly Burma), Yugoslavia and Sudan. We apologize for the inconvenience.

Fraud Protection

QFO Labs requires that the shipping address be the same as the billing address on the credit card. We also require inputting the 3 or 4-digit validation code printed on the back of the credit card. A package may not be redirected to an address other than the cardholder’s billing address after the package has been shipped.

Credit Card Authorization Charges

QFO Labs reserves the right to place temporary authorization charges on your credit card in order to process your order. The charges are used to test that a credit card account is active and has credit available for the order. This test creates a temporary authorization transaction that may appear on your account and should be automatically removed within 30 days after it first appears. These temporary authorization charges may reduce the account’s available line of credit or available cash by the anticipated amount of the final processed charge. This is standard practice for credit card transactions that has been established by the card issuers, not QFO Labs.

Accuracy of Information

We attempt to ensure that all the information included on our web sites is complete, accurate and current. Despite our efforts, the information on our web sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on our web sites. For example, products included on our web sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on our web sites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Limited Warranty

QFO Labs® warrants its product against defects in materials and/or workmanship as of the date of purchase by the original purchaser if reported within 30 days of the date of purchase (“Warranty Period”). If a defect is found upon opening the package, but before actually operating the product and a valid claim is received within the Warranty Period, at its option, QFO Labs will either 1) repair the defect at no charge, using new or refurbished replacement parts, or 2) exchange the product with a new product that is at least functionally equivalent to the original product, or 3) provide a store credit in the amount of the purchase price of the original product. An exchange product or part, including a user-installable part installed in accordance with instructions provided by QFO Labs, assumes the remaining warranty of the original product. When a product or part is exchanged, any exchanged item becomes your property and the replaced item becomes property of QFO Labs. When a store credit is given, the original product must be returned to QFO Labs and becomes QFO Labs’ property.

Limits and Exclusions

Coverage under this Limited Warranty is limited to the United States of America, including the District of Columbia and the U.S. Territories of Guam, Puerto Rico, and the U.S. Virgin Islands. This Limited Warranty applies only to products manufactured for QFO Labs that can be identified by the “QFO Labs” trademark, trade name, or logo affixed to them or their packaging. Any retail distributor and in so far as permitted by law, provides these products “as is” and without warranty. This warranty does not apply to: a) damage caused by failure to follow instructions relating to product’s use or the installation of components; b) damage caused by accident, abuse, misuse, fire, floods, earthquake or other external causes; c) damage caused by service performed by anyone who is not a representative of QFO Labs or its authorized retailers; d) accessories used in conjunction with a covered product; e) a product or part that has been modified to alter functionality or capability; f) items intended to be periodically replaced by the purchaser during the normal life of the product including, without limitation, batteries or LEDs; g) any product sold “as is” including, without limitation, floor demonstration models and refurbished items; or h) a product that is used commercially or for a commercial purpose.

Warranty Returns

To obtain warranty service, contact QFO Labs at support@QFOLabs.com. Please describe the product that needs service and the nature of the problem. A scanned or electronic copy of a purchase receipt is required to be submitted with your email. All repairs and exchanges must be authorized in advance. Service options, parts availability and response times will vary. You are responsible for delivery and the cost of return of the product or parts to the authorized service center, per our instructions.

Warranty Return Terms

Our warranty does not cover returns for reasons other than a defective or faulty product, including a customer no longer needing or wanting a product or lack of product knowledge. Warranty returns of our products will only be authorized if the item is defective or faulty, and only if we have been contacted within 30 days of the date of purchase (the “Warranty Period”), in which case the following terms and conditions apply.

You must contact QFO Labs by email within the Warranty Period to obtain authorization for a warranty return. If we provide authorization for a warranty return, you must then follow our instructions and send the product and its original packaging and contents to us at your expense. Upon receiving the product, we will determine, in our sole discretion, whether or not to authorize a warranty refund, repair or exchange.

We will not accept returned goods that have been clearly used more than the amount needed to evaluate their functionality. If the product is found to be in working condition, then no refund, repair or exchange will be made. If there is evidence that the product has been modified or tampered with, then no refund, repair or exchange will be made. If we determine that the product is not subject to our warranty, then we will notify you and you may elect to have the product returned to you at your expense.

Return shipment of a warranty repair or exchange product is the responsibility of the customer. Return shipments are processed as soon as possible, however, we do not guarantee delivery or shipment dates. If a warranty refund is authorized, details of the manner in which the warranty refund will be issued will be sent to you by email.