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.