Quaternity.com Terms of Service
Acceptance
Binding Arbitration; Class Action Waver
License & Access
Restrictions on Use
Violations
Online Store Terms
User Comments, Feedback and Submissions
Privacy
Indemnification
Termination
Jurisdiction
Disclaimers
Limitation of Liability
Links to Outside Websites and Services
Miscellaneous
These Terms of Service and the policies referred to herein contain the agreement (“Agreement”) that governs your use of the Internet Website and software located at Quaternity.com (the “Website”) owned, operated, licensed, or controlled by Quaternity.com. Throughout the Website, the terms “we”, “us” and “our” refer to Quaternity, LLC. This Agreement applies to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF this website. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.
BEFORE ACCEPTING THIS AGREEMENT, PLEASE BE ADVISED:
A. This Agreement contains a binding Arbitration provision (Section 5);
B. This Agreement contains a Class Action Waiver (Section 5.3); and
C. This Agreement limits our liability and your remedies (Section 16).
1. Acceptance. By accessing or using the Website, or registering an account, you agree to be bound by this Agreement. Quaternity, LLC reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice. If you are a registered user, Quaternity, LLC will notify you of any changes at the email address you provided during registration. Notice shall also appear on the Website. Please check this Agreement periodically for changes. Continued use of the Website following the posting of changes to this Agreement will mean you have read and accept such changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Quaternity, LLC is true, accurate, correct, complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER AND DO NOT USE THE WEBSITE.
2. BINDING ARBITRATION; CLASS ACTION WAIVER
2.1 You and Quaternity, LLC agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, use of the Website, and our relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against our employees, agents, or any subsidiaries of Quaternity, LLC. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
2.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA) shall govern the interpretation and enforcement of this agreement to arbitrate. The AAA Commercial Arbitration Rules are available online at:
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. The arbitrator is bound by the terms of this Agreement. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Atlanta, Georgia.
2.3 CLASS ACTION WAIVER: YOU AND QUATERNITY, LLC ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS RELATED TO THIS AGREEMENT AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Quaternity, LLC can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis for claims related to this Agreement. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Quaternity, LLC further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
2.4 You agree that if Quaternity, LLC makes any future, material change to this arbitration provision, you may reject any change by sending written notice within thirty (30) calendar days of the date of the change to Quaternity, LLC, Attn: Brandon Hardy, 260 Peachtree Street, N.W., Suite 2700, Atlanta, Georgia 30303. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which remain in effect. Your decision to reject changes shall result in the termination of your Account effective as of the date of such notice.
2.5 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
3. License & Access. Subject to the terms and conditions of this Agreement, Quaternity, LLC grants you a revocable, limited, non-exclusive, non-assignable, non-sublicensable right and license during the Term to access the Website.
31 License Restrictions. Your right to access the Website is subject to compliance with this Agreement. This license does not include: (a) any resale or third-party commercial use of the Website or its contents; (b) any derivative use of the Website or its contents; (c) any downloading or copying of account information for the benefit of yourself, or any other individual or business; or (d) any use of data mining, robots, or similar automated data gathering and extraction tools. For avoidance of doubt, you may not share with any third-party any information accessed or retrieved form the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Quaternity, LLC or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Content or the Quaternity, LLC name or trademarks without the express written consent of Quaternity, LLC. Any unauthorized use terminates the permission or license granted by Quaternity, LLC.
3.2 Content. In this Agreement, all content, music, audio, video, audio-visual, text, graphics, artwork, images, photographs, animations, data, information, software, designs and other materials which You may encounter while using the Service shall individually and collectively be referred to as “Content.” Quaternity, LLC shall own all legally-protectable elements of the Content and Website including, without limitation, the selection, sequence, “look and feel” and arrangement of items, as well as all copyrights, trademarks, service marks, brand and trade names and our services, tangible or intangible, created or used by Quaternity, LLC.
3.3 Access. The words “use” or “using” or “consumer” or “consuming” in this Agreement, means any time any individual, including you, directly or indirectly, with or without the aid of a machine, automated or other device, does or attempts to access, interact with, use, display, view, print or copy or use any portion, feature, function or aspect of the Content, transmit, receive or exchange data or communicate with the Content, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Content, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or connection to third party web sites or pages.
3.4 System Requirements. Use of the Website, requires Internet access (fees may apply), software (fees may apply), and may require obtaining updates or upgrades from time to time. Therefore, your ability to use the Website may be affected by these factors. You agree that such system requirements are exclusively your responsibility, that use of the Website and Content may require the use of other hardware and software products, and that such hardware and software is your responsibility.
4. Restrictions on Use. Unless otherwise noted, all Content and other materials that are part of any Quaternity, LLC Website are protected by copyright, trademark, trade dress, and industrial design rights, and/or other intellectual property rights owned, controlled or licensed by Quaternity, LLC. No Content from the Website or any other Quaternity, LLC property may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Quaternity, LLC. In addition, You agree that you will not, and will not permit others to:
4.1 damage, interfere with, or unreasonably overload, the Website;
4.2 introduce into the Website any code intended to disrupt operations;
4.3 alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Website;
4.4 access the Website by expert system, electronic agent, “bot” or other automated means;
4.5 use scripts or disguised redirects to derive financial benefit from Quaternity, LLC;
4.6 modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Website for any reason;
4.7 rent, sell or sublicense any portion of the Website;
4.8 provide any unauthorized third party with access to the Website;
4.9 access or attempt to access confidential Content through the Website;
4.10 interfere with the operation of the Website, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
4.11 post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links;
4.12 post any material in any form whatsoever on the Website that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity;
4.13 infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Website;
4.14 engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Website;
4.15 use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Website; or
4.16 collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
5. Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Quaternity, LLC the right to immediately suspend or cancel your access to the Website, and any order in process, without further liability.
6. Online Store Terms. Quaternity, LLC reserves the right to refuse service or any order to anyone for any reason at any time.
6.1 Quaternity, LLC is not responsible for information made available on this Website that is not accurate, complete or current. The information on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6.2 Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
6.3 Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.4 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
6.5 Quaternity, LLC reserves the right, but is not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Quaternity, LLC. Quaternity, LLC reserves the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
6.6 Quaternity, LLC does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.
6.7 Quaternity, LLC may, in its 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that Quaternity, LLC makes a change to or cancels an order, Quaternity, LLC will make reasonable efforts to notify you by contacting you at your e mail address, billing address, or phone number, provided at the time the order was made. Quaternity, LLC reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized third parties and not for an individual Account. For more detail, please review our Returns Policy. Quaternity.com does not ship to the States of Alaska or Hawaii.
6.8 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.
6..9 Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Quaternity, LLC shall have no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in the Website or on any related website has been modified or updated.
7. User Comments, Feedback and Submissions. If you send certain specific submissions (for example contest entries), or with or without a request from Quaternity, LLC, if you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Quaternity, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Quaternity, LLC. Quaternity, LLC shall have no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments. Quaternity, LLC may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Quaternity, LLC shall have no responsibility and no liability for any comments posted by you or any third-party.
8. Privacy. It is our policy to respect the privacy of Quaternity, LLC users. Therefore, in addition to the privacy of registration data, Quaternity, LLC shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of Quaternity, LLC and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Quaternity, LLC; (2) protect and defend the rights or property of Quaternity, LLC; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.
9. Indemnification. You shall indemnify, defend and hold harmless Quaternity, LLC, its directors, officers, employees, agents and contractors from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to (a) any violation of this Agreement, or (b) any action or claim by third parties alleging a violation of Third Party Rights, provided Quaternity, LLC promptly notifies you in writing of any claim, and allows you to control the conduct of any related defense or settlement negotiations. Notwithstanding the foregoing, you shall not settle a third party claim without the prior written consent of Quaternity, LLC if such settlement shall require action or payment by Quaternity, LLC.
10. Termination. This Agreement is effective on the earlier of the date you click “I Accept” or the first date you access the Website (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Quaternity, LLC and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Any rights to access and use the Services under this Agreement shall terminate immediately without notice from Quaternity, LLC if in our sole discretion You fail to comply with any term or provision of this Agreement.
Quaternity, LLC may, at its sole discretion and at any time, discontinue providing access to, alter or replace the Content or the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may occur without prior notice. Further, you agree that Quaternity, LLC shall not be liable to you or to any third party for any termination of your access to the Website.
11. Jurisdiction. Unless otherwise specified, the Website and Content are available solely for the purpose of promoting products and/or services available in the United States, its territories, possessions, and protectorates. The Website is controlled and operated by Quaternity, LLC from its offices within the State of Georgia, United States of America. Quaternity, LLC makes no representation that materials in the Website or products purchased through the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.. DisclaimerS. THE CONTENT AND the Website ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Quaternity, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Quaternity, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN the Website SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY OTHER Quaternity, LLC WEBSITE OR THE SERVER(S) THAT MAKES the Website OR CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Quaternity, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR the Website IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Quaternity, LLC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE 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, THE WEBSITE OR THE CONTENT. Quaternity, LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, OR THE FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, INCLUDING INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING CONTENT IN CONNECTION WITH THIS WEBSITE.
13. Limitation of Liability. IN NO EVENT SHALL QUATERNITY, LLC, ITS directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE OR CONTENT, or any goods or serivces procured FROm the website, OR (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE), even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Links to Outside Websites and Services. To the extent that the Website contains links to outside services and resources, Quaternity, LLC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
15. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and you agree that this Agreement shall be deemed to have been entered into and performed exclusively in the State of Georgia. You agree that any dispute shall be conducted in the State of Georgia in connection with any action at law or in equity arising out of or relating to this Agreement. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.