WEBSITE TERMS & CONDITIONS OF PURCHASE
Effective Date: 08/30/2022
Site(s) Covered: www.qmbdevices.com
THE AGREEMENT: The use of this website and services on this website provided by QMB, LLC (hereinafter referred to as "Company") are subject to the following Website Terms & Conditions of Purchase (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the
Website, makes the Website, and certain Services on it, available to users. Company,
Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well
as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to
throughout this Agreement with second-person pronouns such as You, Your, Yours, or
as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be
referred to as Parties.
2. ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3. AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least eighteen (18) years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
4. LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
5. INTELLECTUAL PROPERTY ("IP")
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
a) In order to make the Website and Services available to You, You hereby grant the
Company a royalty-free, non-exclusive, worldwide license to copy, display, use,
broadcast, transmit and make derivative works of any content You publish, upload, or
otherwise make available to the Website ("Your Content"). The Company claims no
further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or
otherwise violated by the posting of information or media by another of Our users,
please contact us and let us know.
c) You agree that to the best of our knowledge any materials or intellectual property
created are original and do not infringe upon the intellectual property rights of others
6. USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to: Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify us immediately in writing at Tcmoraviaroman@qmbdevices.com. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7. ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that
could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or
discrimination towards any group;
VIII) To unlawfully gather information about others.
VIX) As an unauthorized reseller or distributor of our goods and services
VX) To copy, duplicate and disseminate any and all teaching material to any other
8. AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
9. THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
10. THIRD PARTY SALES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. For goods or services sold by others, the Company assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Company. You hereby release the Company from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
PURCHASES AND PAYMENT
We accept the following forms of payment: Credit and debit card. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time and without any notice to you prior to your purchase. All payments shall be in U.S. dollars.
We reserve the right to end sales early and reject promotional codes.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as You cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Software: For the sale of Software only, please review our Return Policy posted on the Site prior to making any purchases for software. Our return policy for software can be described as such: seven (7) calendar days.
Services: For the sale of Services, We will charge Your credit or debit card at the time You place the order. If you cancel your order with adequate written notice, for the sale of services within three (3) days of your purchase date, then we may refund your purchase. Any refund request over seventy-two (72) hours will be at our sole discretion. Due to the specific nature of our services, we reserve the right to issue refunds at our sole discretion.
For any questions, concerns, or disputes, You agree to contact us in a timely manner at the following address:Tcmoraviaroman@qmbdevices.com.
We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products and services. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order, or we may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances.
12. TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with us, You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
13. ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
14. DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
16. NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
17. LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services or any purchases made on the Website, to the fullest extent permitted by law. You agree to abide by any local, state, provincial, national and other laws, rules and regulations. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
18. REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software
from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to any
host, user or network.
19. SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20. SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
21. GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this
Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website
or Services, You agree that the laws of the Commonwealth of Massachusetts shall
govern any matter or dispute relating to or arising out of this Agreement, as well as any
dispute of any kind that may arise between You and the Company, with the exception
of its conflict of law provisions. In case any litigation specifically permitted under this
Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the
state and federal courts of the following county: Norfolk county. The Parties agree that
this choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of
this Agreement, the Parties shall first attempt to resolve the dispute personally and in
good faith. If these personal resolution attempts fail, the Parties shall then submit the
dispute to binding arbitration. The arbitration shall be conducted in the following
county: Norfolk County, Massachusetts. The arbitration shall be conducted by a single
arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions
of this Agreement, award punitive damages, or certify a class. The arbitrator shall be
bound by applicable and governing Federal law as well as the law of the
Commonwealth of Massachusetts. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims, claims based on Federal and state law, and claims based on
local laws, ordinances, statutes or regulations. Intellectual property claims by the
Company will not be subject to arbitration and may, as an exception to this sub-part, be
litigated. The Parties, in agreement with this sub-part of this Agreement, waive any
rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and subparts
will be enforced to the maximum extent possible. In such condition, the remainder
of this Agreement shall continue in full force.
f) NO WAIVER: In the event that we fail to enforce any provision of this Agreement,
this shall not constitute a waiver of any future enforcement of that provision or of any
other provision. Waiver of any part or sub-part of this Agreement will not constitute a
waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under
this Agreement are for convenience and organization, only. Headings shall not affect
the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or
joint venture has been created between the Parties as a result of this Agreement. No
Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to
causes beyond its reasonable control including, but not limited to, acts of God, acts of
civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural
disasters, and other acts which may be due to unforeseen circumstances.
j) CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
i) CCPA. Please be advised that data processing activities may take place
outside the State of California. All storage and collection of data is done so in a
way that complies with the California Consumer Protection Act or CCPA, enacted
January 2020. California Users and Residents have the right to know what
personal information is collected, used, shared, or sold; to
delete personal information held by QMB, LLC; to opt out of the sale of their
personal information; and to non- discrimination when a consumer exercises
privacy rights under the CCPA. Such rights can be exercised by contacting us
22. MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) You agree to routinely monitor this Agreement and refer to the Effective Date posted
at the top of this Agreement to note modifications or variations. You further agree to
clear Your cache when doing so to avoid accessing a prior version of this Agreement.
You agree that Your continued use of the Website after any modifications to this
Agreement is a manifestation of Your continued assent to this Agreement.
b) In the event that You fail to monitor any modifications to or variations of this
Agreement, You agree that such failure shall be considered an affirmative waiver of
Your right to review the modified Agreement.
23. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this
24. ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please contact us at the following address: 867 Boylston Street, 5th Floor #1472, Boston, MA 02116. or via email(s) at: Tcmoraviaroman@qmbdevices.com.