Quentin's Friends Membership Agreement

Date of Last Revision: February 9th, 2009

Below is the complete Membership Agreement. Your use of the Quentin’s Friends site and service constitutes your acceptance of this Membership Agreement.

Quick points

Here are some of the most important points of which you should please take note:

Values

Quentin’s Friends was founded based on a set of core community Values (referred to in the Membership Agreement as the ‘Values’): Honesty, Integrity, Courtesy, Respect, Generosity, Gratitude, Fun, Positivity, Open-Mindedness, Sense of Humor(!). By agreeing to the Membership Agreement you agree that your participation and any interaction with Quentin’s Friends and our members will reflect and uphold these values (e.g. always acting with the utmost honesty, courtesy and respect). To protect the integrity of the group, you agree to advise Quentin’s Friends if you become aware that another Member has contravened our Values, Code of Conduct or Membership Agreement.
To see how to take action with regard to this, please see the FAQ complaints procedure.

Eligibility

You must be 18 or older to participate in Quentin’s Friends.

Inviting Friends

You agree to only invite friends who you know well, whose character you can vouch for without reservation and who you are sure share and will uphold our community Values. Should an issue arise with a Member that you have invited to join, you may be asked to help resolve it. You commit to only invite friends based on their suitability in terms of the Values and the positive contribution they will make to the community. Offering access to Quentin’s Friends should never be offered or withheld for your personal gain/leverage.

One Trial Period Per Member

Only one Trial Period per individual is allowed. Use of a different email address or reception of an invite for a Trial Period does not entitle you to an additional Trial Period. Trial and Past Members who receive an invite for a Trial Membership and wish to reactivate their membership should simply Upgrade/Reactivate their membership.

Exception to this rule

Alumni (Past) Members – those members who unsubscribed before May 1st, 2014 and have therefore not experienced the website launched at this time, are entitled to a second Trial Membership. To do this, they should go to the home page and click on ‘Please Register’; they will then be offered this Trial Membership.
Alumni (Past) Members who last unsubscribed after May 1st, 2014 and who attempt to enjoy a second Trial Period may be banned/permanently removed from Quentin’s Friends. Members who knowingly invite friends for a second Trial Membership may also be subject to censure.

Membership Dues

Once you upgrade to full membership, you agree to pay the applicable membership dues as they become due and reimburse us for any collection costs and interest for any overdue amounts. Your dues will be charged quarterly (from your initial payment date) to the credit card with which you make your initial payment.

Commitment to keeping your credit card up-to-date

If your card expires, is terminated or the number changes, (or if you simply wish to use a different credit card) you will do your best to update your card information with Quentin’s Friends before your membership dues are due, to avoid the card being declined.

Editing content

We reserve the right to make edits to your posts or other content uploaded to the site to ensure clarity of information, content suitability based on our posting guidelines and community Values and to ensure correct formatting.

Interactions Between Members

While all members have been invited by another member who has vouched for their character, while all interactions should reflect our community values and while Members can check other Members’ profiles to see how long they have been a member, past postings, inviter etc., Members should take the same precautionary steps in dealing with other Members as they would with non-members. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Quentin’s Friends. In particular when working together in partnership, contracting services, selling or buying items etc. terms should be agreed in writing, to avoid misunderstandings.

Q’nnections (Connecting with other Members)

As a Member of Quentin’s Friends you have the ability to connect (‘Q’nnect’) with other members via their profile. Please only invite to Q’nnect, or accept Q’nnection requests from members that you know, with whom you have a relationship of some kind and/or with whom you have already interacted with to some extent.

No Network Marketing / MLM

While Quentin's Friends does not have a specific point of view with regard to Direct Sales, Multi-level or Network Marketing, our members have made it clear that they do not wish to receive invitations to ‘opportunity meetings’ or recruitment solicitations. Thus no activities are allowed which are designed to drive participation, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or multi-level marketing.

Refunds

We do not offer refunds. All members will have had the opportunity to enjoy a 1 month Trial Membership during which they can assess whether they wish to upgrade or not. If/when a member unsubscribes, they have the option to continue their membership till the end of their current payment period or to stop it immediately. In the latter case, we do not offer full or pro-rata refunds. Quentin’s Friends reserves the right to disallow any member-generated content (in Member Profiles, in our listserv and/or message archive postings) based upon our posting guidelines and our community Values. Disallowing a posting or content will not justify a membership dues refund. The only instance in which a refund will be made is when a paid posting has been disallowed. In this case the posting fee will be refunded. Refunds will also not be made if a membership is terminated by Quentin’s Friends due to a violation of the Membership Agreement, Posting Guidelines, or a contravention of a community Values.

Please do

  • Invite friends whom you know well and for whose character you can vouch for to enjoy a free Trial Membership to Quentin’s friends
  • Carefully follow our Posting Guidelines
  • Turn up on time for meetings set with fellow members or cancel at least 3 hours in advance by phone and via email.
  • Provide your real full first and last names and other correct personal data.
  • Keep your login password confidential for your own security, but also for the security of fellow members.
  • Review and abide by the full Membership Agreement, Code of Conduct and Privacy Statement.

Please don't

  • Re-post Member generated content (e.g. postings to the listserv, calendar, message archives or data in personal profiles) anywhere, including for example to other websites, on or off-line message board, blogs etc., unless written permission has been provided by the Member.
  • Use or attempt to use another Member’s account, or create a false identity on Quentin’s Friends.
  • Fail to show up for meetings with fellow members without contacting them at least 3 hours in advance by phone and via email.

Full Membership Agreement

The Quentin’s Friends website, service and network (collectively, "Quentin’s Friends" or "the Service") are operated by QE Ventures, Inc. (collectively, "us", "we" or "Quentin’s Friends"). By accessing or using our web site at www.quentinsfriends.com or (if/when launched) the mobile version thereof (together the "Site"), you (the "Member") signify that you have read, understand by the Membership Agreement ("Membership Agreement" or "Agreement"), whether or not you are a registered member of Quentin’s Friends. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Membership Agreement at any time without further notice. If we do this, we will post the changes to the Membership Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Membership Agreement. If you do not agree to abide by these or any future Membership Agreement, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Membership Agreement and to review such changes.

PLEASE READ THE MEMBERSHIP AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for individuals who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of the Membership Agreement. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. We do not invite or accept memberships by organization, companies, not-for-profits, charities. Membership is for human individuals only. By agreeing to the Membership Agreement, you represent that you have not previously been banned from Quentin’s Friends and are not already a Current, Trial or Alumni/Past member with a different email address.

We do not invite or accept memberships by organization, companies, not-for-profits, charities. Membership is for human individuals only. By agreeing to the Membership Agreement, you represent that you have not previously been banned from Quentin’s Friends and are not already a Current, Trial or Alumni/Past member with a different email address.

Registration Data; Account Security

You agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification - not use other Members’ accounts and not let others use your account; (c) maintain and promptly update the Registration Data, and any other information you provide to Quentin’s Friends, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account (e) not sell, trade or otherwise transfer your Quentin’s Friends Membership account or any information therein to another party and (f) not charge anyone for access to any portion of Quentin’s Friends, or any information therein.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Quentin’s Friends, its Members or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Quentin’s Friends' prior written permission, except that the foregoing does not apply to your own Member Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to the Membership Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Quentin’s Friends, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Membership Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Member Conduct

You understand that except for business promotion programs offered by us on the Site (e.g., posting to our listserv in the ‘Offer Products or Services’ category), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

  • Harvest or collect email addresses or other contact information of other Members from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • Use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be in contravention of our stated community Values, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • Register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Addresses, phone numbers etc. can be posted with the express permission of the person concerned, in the context of sharing relevant information.
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass another member;
    Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Use or attempt to use another's account, service or system, or create a false identity on the Service or the Site.
    Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Quentin’s Friends, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Quentin’s Friends or its Members to any harm or liability of any type.
  • Engage, promote, or participate in illegal activity via the Site.
    Without limiting any of the foregoing, you also agree to abide by our Quentin’s Friends Code of Conduct that provides further information regarding the authorized conduct of Members on Quentin’s Friends.
    While we do moderate initial posts to our listserv, it should be understood, for the purposes of this agreement, that Quentin’s Friends exercises no control over any content you or others submit while using Quentin’s Friends. Quentin’s Friends has no obligation to verify the identity of any Members when they are connected to the site or to supervise the content which has been provided by Members. Note that we describe our current practices related to personally identifiable information collected through Quentin’s Friends in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Quentin’s Friends.
    Prior to joining Quentin’s Friends, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Quentin’s Friends Members and to Quentin’s Friends and you must not communicate to Quentin’s Friends and its Members any information the dissemination of which could be harmful to you.

Member Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Members (collectively the " Member Content"). You may not post, transmit, or share Member Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Quentin’s Friends may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of Quentin’s Friends violates this Agreement or the Quentin’s Friends Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Site or provide to Quentin’s Friends.

When you post Member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Site. By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Quentin’s Friends an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire, however you acknowledge that Quentin’s Friends may retain archived copies of your Member Content. Quentin’s Friends does not assert any ownership over your Member Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Member Content and any intellectual property rights or other proprietary rights associated with your Member Content.

Quentin’s Friends Listserv and Message Archives

All listings posted on or through the Quentin’s Friends Listserv service and all transactions conducted in connection therewith are subject to and governed by the Quentin’s Friends Listserv and Message Archives Guidelines as well as the Membership Agreement. When you use Quentin’s Friends Listserv and Message Archives in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in the Membership Agreement. The Guidelines are subject to change without prior notice at any time, in Quentin’s Friends' sole discretion, so you should review the Guidelines each time you use Quentin’s Friends Listserv and Message Archives. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Quentin’s Friends Listserv and Message Archives. You acknowledge that Quentin’s Friends is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Quentin’s Friends applicable to Quentin’s Friends Listserv and Message Archives are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the Membership Agreement. However, please note that the Membership Agreement does not apply to your purchases of products or services from third parties through Quentin’s Friends Listserv and Message Archives, as those transactions are strictly between you and the other party to the transaction.
ALL USE OF QUENTIN’S FRIENDS LISTSERV and MESSAGE ARCHIVES IS PROVIDED "AS IS" AND AT YOUR OWN RISK. However, should you have a negative experience with a member or one that contravenes our stated Values or ‘Code of Conduct’ we ask that you please help protect the integrity of the group by following our complaints process.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit Members from uploading, posting or otherwise transmitting on the Quentin’s Friends website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send us a written notification of such infringement to Quentin’s Friends Support.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Quentin’s Friends has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. Quentin’s Friends may also at its sole discretion limit access to the Site and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Share Service

Quentin’s Friends offers a feature whereby Members of the Site can share with others or post to their own member profile, videos, articles, Software or Content from, and/or links to, Third Party Sites through the Service. You acknowledge and agree that your use of the Share Services and all links, Member Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the Member conduct rules set forth above and the other terms and conditions set forth in the Membership Agreement.

Member Disputes

You are solely responsible for your interactions with other Quentin’s Friends Members. In all interactions you should act in accordance with our stated Values. We reserve the right, but have no obligation, to monitor disputes between you and other Members. That said, should you have a negative experience with a member or one that contravenes our stated Values or ‘Code of Conduct’ we ask that you please help protect the integrity of the group by following our complaints process.

Payment Method and Terms

We accept Visa, MasterCard, American Express and Discover credit cards and certain debit cards, as forms of payment. By making a payment on our site, you authorize the Quentin’s Friends, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to Quentin’s Friends for the payment of recurring membership dues, you authorize us or our designated payment processor to store your credit card number and related payment information.

Privacy

We care about the privacy of our Members. Click here to view the Quentin’s Friends' Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

Quentin’s Friends is not responsible or liable in any manner for any Member Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Members of the Site, by Quentin’s Friends, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we moderate initial listserv postings for content and format appropriateness and provide rules for Member conduct and postings, we do not control and are not responsible for what Members post/reply, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Member Content. Quentin’s Friends is not responsible for the conduct, whether online or offline, of any Member of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Quentin’s Friends assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. Quentin’s Friends is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will Quentin’s Friends be responsible for any loss or damage, including any loss or damage to any Member Content or personal injury or death, resulting from anyone's use of the Site or the Service, any Member Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Members, or any interactions between Members of the Site, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES (IF/WHEN LAUNCHED), THE LISTSERV and MESSAGE ARCHIVES SERVICE) AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND QUENTIN’S FRIENDS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QUENTIN’S FRIENDS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. QUENTIN’S FRIENDS DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Quentin’s Friends reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL QUENTIN’S FRIENDS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF QUENTIN’S FRIENDS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUENTIN’S FRIENDS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QUENTIN’S FRIENDS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL QUENTIN’S FRIENDS' LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

Quentin’s Friends may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. When we are notified that a Member has died, we will generally, but are not obligated to, keep the Member’s account active under a special memorialized status for a period of time determined by us to allow other Members to post and view comments.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern the Membership Agreement and any dispute of any sort that might arise between you and Quentin’s Friends or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

Arbitration

YOU AND QUENTIN’S FRIENDS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE MEMBERSHIP AGREEMENT, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the Member conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Quentin’s Friends Listserv and Message Archives may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THE MEMBERSHIP AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold Quentin’s Friends, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Members of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Quentin’s Friends are non-confidential and shall become the sole property of Quentin’s Friends. Quentin’s Friends shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

The Membership Agreement constitute the entire agreement between you and Quentin’s Friends regarding the use of the Site and/or the Service, superseding any prior agreements between you and Quentin’s Friends relating to your use of the Site or the Service. The failure of Quentin’s Friends to exercise or enforce any right or provision of the Membership Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of the Membership Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Membership Agreement and shall not affect the validity and enforceability of any remaining provisions.

Address: Quentin’s Friends, 99 Wall Street, Ste 3002, New York, NY 10005.

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