QP ENTERPRISES, LLC TERMS OF USE AND SERVICE

Welcome to the QP ENTERPRISES, LLC website, www.quitproof.com (the “QP website”), owned and operated by QP ENTERPRISES, LLC and its affiliates (“QP”).  Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the QP Website and QP’s services, applications, content and products (collectively, the “Site”). The terms of QP’s Privacy Policy and Cookie Policy are incorporated by reference into these Terms.

  

ACCEPTANCE OF TERMS

 

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms.  If you do not agree to these Terms, you should not access or use the Site. QP reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. QP provides you with access to and use of the Site subject to your compliance with the Terms.

   

SITE CONTENTS

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the specific prior written permission of QP. 

The content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program, including those offered by us. QP is not responsible for any medical or health problems that may result from your engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue your exercise.

 

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

MINDFUL OF THE HIGH COST OF LEGAL DISPUTES, NOT ONLY IN DOLLARS BUT ALSO IN TIME AND ENERGY, BOTH YOU AND QP AGREE  THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH QP (INCLUDING CLAIMS RELATING TO QP’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY QP, OR QP’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. 

 

ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. 

THE NOTICE MUST BE MAILED TO QP VIA CERTIFIED OR REGISTERED MAIL TO:

QP ENTERPRISES, LLC

ATTN: LEGAL DEPARTMENT

401 Ryland St., STE 200-A

Reno, NV 89502

 

 

THE NOTICE MUST BE MAILED TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. 

 

IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS SENT, EITHER PARTY MAY COMMENCE ARBITRATION. 

ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (‘AAA’), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S APPLICABLE RULES. IN LIEU OF ARBITRATION.  

EITHER YOU OR QP MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY.

THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS. IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY QP INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

 

 

CLASS ACTION WAIVER

You and QP agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against QP, nor will you seek to become a class representative. You further agree that in any action you initiate against QP, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.

  

ORDERS AND PURCHASES

QP reserves the right to limit, cancel or prohibit orders made in connection with, appearing to take advantage of, or otherwise reasonably related to (i) any malfunction, glitch, or other technological errors occurring on the Site, and (ii) the use or misuse of any coupon code included in such order. 

Although QP has made every effort to display our products appearance as accurately as possible, QP cannot guarantee that the user’s device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. QP is not responsible for typographical errors regarding price or any other matter. Likewise, QP does not warrant the accuracy of customer product ratings, comments or feedback.

 

You are responsible for contacting QP within four weeks after ordering a product if the product has not been received. We will investigate any claims in a reasonably timely manner. QP does not hold or accept responsibility for packages that have been reported as delivered by the carrier and does not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information you have provided is incorrect or was incorrectly entered at the time of purchase.    

 

 

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. QP investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging on to a QP server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

 

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms of Use, QP’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy and our Cookie Policy.  For further information regarding QP’s collection, protection, and use of your personal information, please refer to our Privacy Policy and our Cookie Policy.  By accepting these Terms, you also agree to be bound by each of the Privacy Policy and the Cookie Policy, which are incorporated by reference hereby.

 

USER CONTENT AND MATERIAL 

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr, and Pinterest (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to QP and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

 

You additionally acknowledge and agree that any reviews posted to the Site (including without limitation any pictures, images, or other multimedia included in such review, and which reviews constitute User Content) (“Reviews”), may be “shared” or re-posted on social media by any person or persons accessing the site. You hereby grant to all Site users interacting with your Review(s) a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Reviews, as well as your name, persona and likeness included in any Review and your social media account handle, username, real name, profile picture and/or any other information associated with the Review, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed.

 

Neither you nor any other person or entity will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. QP will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. QP shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. QP retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by QP, you will furnish QP any documentation, substantiation or releases necessary to verify your compliance with these Terms.

 

You are solely responsible for the User Content and you hereby agree to indemnify and hold QP and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. QP does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge QP and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by QP or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that QP has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. QP acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If QP becomes aware of any User Content that allegedly may not conform to these Terms, QP may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. QP has no liability or responsibility to Users for performance or nonperformance of such activities.

 

QP HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST QP FOR SUCH REMOVAL AND/OR DELETION. QP IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

 

COPYRIGHT COMPLAINTS

QP respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide QP with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party;
• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement and counter-notices should be directed to:

By e-mail:  info@Quitproof.com

By mail:
QP ENTERPRISES, LLC

ATTN: LEGAL DEPARTMENT

401 Ryland St., STE 200-A

Reno, NV 89502
 

(For both mail and email notices, please include “Notice of Infringement” in the subject line.) Upon receipt of notices complying with the DMCA, QP will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• your physical or electronic signature;
• identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which QP may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING QP ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR CONTACT US PAGE OF THIS WEBSITE. 

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

QP DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QP DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. QP MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

QP makes no warranties of any kind regarding any non-QP sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and QP makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- QP sites. QP does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. IN NO EVENT SHALL QP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF QP OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

INDEMNITY

You agree to defend, indemnify and hold QP, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringe any third-party proprietary right.

 

GOVERNING LAW AND DISPUTES 

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions, except to the extent governed by federal law.

California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

 

GENERAL INFORMATION 

 

These Terms, along with the Privacy Policy, Cookie Policy, and Access Terms (as defined below), constitute the entire agreement between you and QP and govern your use of the Site, and they supersede any prior agreements between you and QP. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. QP may terminate this Agreement and deny you access to the Site at any time, immediately and without notice if in QP’s sole discretion, you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between QP and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to QP or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of QP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You may not assign the Terms or any of your rights or obligations under the Terms without QP’s express written consent. The Terms inure to the benefit of QP’s successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page of this website.

   

PRIVACY POLICY – PERSONAL INFORMATION

 

QP’s collection, use, disclosure, and sharing of any personally identifiable information you provide via the Program shall be governed by our Privacy Policy.  For further information regarding QP’s protection of your personal information, please refer to our Privacy Policy.