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TERMS OF USE


Your Acceptance of these Terms of Use

Thank you for visiting the quintpub.com website (the "Site") of Quintessence Publishing Company, Inc. ("Quintessence").  By using the Site, you agree to comply with and be bound by all terms, conditions and notices contained or referenced in these Terms of Use and the Privacy Policy, which we also urge you to read.  If you do not agree to these Terms of Use, you are prohibited from using the Site.  Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with these Terms of Use and the Privacy Policy, govern your use of the Site.

 

Copyrights

You acknowledge that all materials, information, images, products and services (the "Content") available on this Site, including the selection, coordination, arrangement and enhancement of such Content, as well as Content original to it, are protected by national and international copyright, trademark, patent, trade secret, know-how or other proprietary rights and laws.  In many cases, Quintessence owns the Content.  In other cases, Quintessence has obtained permission from the licensor of the intellectual property to use the Content on this Site.  Quintessence and its licensors retain exclusive ownership and/or rights over all Content viewed or accessed on the Site.  You may only use the Site and its Content as expressly permitted in these Terms of Use and for no other purpose.

 

Trademarks

Unless otherwise indicated, all logos, names, trade dress and marks on the Site or in the Content are trademarks of Quintessence or used under license by Quintessence.  Other product and company names mentioned on the Site may be trademarks of their respective owners.  The unauthorized use of any of these materials is strictly prohibited.

 

A Limited Right to Use

You agree to use the Site and its Content for lawful purposes and only as expressly permitted in these Terms of Use.  Except where otherwise noted, Quintessence grants you a limited, nonexclusive license to view, download or print individual pages, graphics, forms, documents and other Content from the Site solely for your own personal, noncommercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works or any other exploitation of the Site's Content, in whole or in part.  You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Quintessence's prior, written authorization.  We post copyright, legal and other proprietary notices on the Site's webpages.  The notices or credits must remain intact and must not be removed.  Quintessence may revoke this license at any time.  Quintessence makes no representations or warranties to you that your use of the Content will not infringe the rights of third parties.

 

Commercial Terms

Quintessence only sells products to adults who can purchase with a credit card or other permitted payment method.  If you are under 18 years old, you may not purchase products via the Site.  Quintessence reserves the right to refuse service and cancel orders in its sole discretion.

 

Pricing:  Prices are firm and final.  They are expressed in U.S. dollars.  All taxes are included in the summary of the order.  Quintessence reserves the right to modify prices at any time, without notice and without any other formality, but items ordered are invoiced at the price in effect on the day of the order.  Despite Quintessence's best efforts, a small number of the items on the Site may be mispriced.  In the event that a product is mistakenly listed at an incorrect price, Quintessence reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price.  Quintessence reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Quintessence shall issue a credit to your credit card account in the amount of the incorrect price.  Quintessence reserves the right to limit quantities.  All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you.  The amount of shipping cost is calculated as a function of the destination and the actual weight or volume of the order in accordance with the methods defined by the shipper chosen by us.  We encourage you to print and maintain a copy of your purchase order for your records.

 

Payment:  Payment, expressed in U.S. dollars, shall be made exclusively through Quintessence.  Your credit card will be charged once the order is processed.

Refund/Return Policy:  All sales are final.  NO REFUNDS WILL BE GIVEN ON PRODUCTS PURCHASED THROUGH THE SITE.

 

Products:  The products on the Site are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase.  If, in spite of all the care taken by Quintessence, there are inaccuracies in the presentation on the Site, Quintessence shall in no event incur any liability therefor.  Quintessence does not warrant that the item descriptions or other Content of the Site is accurate, complete, reliable, current, or error-free.  If a product offered on the Site is not as described, your sole remedy is to return it for a refund.

 

Delivery:  Items may be delivered by FedEx, UPS, DHL, U.S. Postal Service or other carriers.  Any delivery times provided on the Site are estimates only.  Exceeding these times shall in no event be held against Quintessence or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interest.  The risk of loss and title for such items pass to you upon our delivery to the shipper.  Items are always shipped at the risk of the customer, who must check their good condition at delivery.  Any problem concerning delivery (damaged parcels, items missing from the invoice accompanying them, etc.) must be brought to our attention within a reasonable time by contacting us via email, telephone or postal mail.  See necessary contact information at the end of these Terms of Use.

 

Communications

Any communications or material of any kind that you email, post or otherwise transmit through the Site, including all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Your Communications") will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else.  You hereby grant a license to Quintessence to reproduce, disclose, transmit, publish, broadcast or post Your Communications either on the Site or elsewhere with no liability or obligation to you.  Quintessence and its affiliates, licensors and agents are free to use any ideas, concepts, know-how or techniques contained in Your Communications for any purpose including without limitation developing and marketing products using such information.

 

You agree that Your Communications:  (a) will not be fraudulent; (b) will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights; (c) will not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti discrimination or false advertising); (d) will not be defamatory, trade libelous, threatening or harassing; (e) will not contain any viruses, "Trojan horses," worms, time bombs, cancelbots or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and (f) will not otherwise violate these Terms of Use.

 

Quintessence generally does not pre-screen, monitor, or edit communications transmitted by users or third parties.  However, Quintessence and its agents have the right, at their sole discretion, to remove Your Communications from the Site.  Quintessence is not responsible for any failure or delay in removing such communications.

 

Links to Third Party Sites

The Site may contain links to websites operated by third parties ("Third Party Sites") that are not under Quintessence's influence or control.  As such, Quintessence is not responsible for the content of Third Party Sites.  We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site or any product or service offered through the Third Party Site.

 

Quintessence makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links or any content from any website from which you may access this Site.  These Terms of Use and the Privacy Policy are only applicable to this Site and do not apply to linked Third Party Sites.  Please review the linked Third Party Site's terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

 

Links to the Site

Quintessence has no objection to links made from Third Party Sites to the Site, provided that such links may only be to the homepage of the Site.  You also agree to comply with the following requirements:  you may not frame or alter the appearance of the Site; you may not state or imply that Quintessence endorses, sponsors or otherwise approves of your Third Party Site or any other website; you may not use any Quintessence trademarks or logos without the prior written consent of Quintessence; and you must abide by all other Terms of Use set forth herein.

 

Disclaimer of Warranties

all content included in or available through the Site is provided "as is" and "as available," and you use this Site and any content you choose to download or purchase at your sole risk.  The content is provided without warranties of any kind, either expressly or by implication, including WITHOUT LIMITATION warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise.  Neither Quintessence nor its employees, officers, agents, consultants, contractors or licensors make any warranty that the content of the Site, OR ANY PRODUCT OR SERVICE DESCRIBED THEREIN, is accurate, complete, TIMELY, reliable or correct; that the Site, or any linked Third Party Site, will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT shall Quintessence or its employees, officers, agents, consultants, contractors or licensors be liable to you or any third party for any damages of any kind, including without limitation punitive, exemplary, special, incidental, direct, indirect or consequential damages, INCLUDING without limitation DAMAGES FOR personal injury, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES described therein, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.  IF YOU ARE DISSATISFIED WITH US, ANY OF OUR products, SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

 

Indemnification

You agree to defend, indemnify and hold Quintessence and its employees, officers, agents, consultants, contractors and licensors harmless from and against any and all liabilities, claims and expenses, including without limitation attorney fees, that arise from your use of the Site, its Content, or your violation of these Terms of Use.  Quintessence reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

 

Termination of Service

Quintessence reserves the right, in its sole discretion, to terminate these Terms of Use and to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability.  Quintessence may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database or Content, without prior notice or liability.

 

International Use

All materials on this Site are prepared solely in accordance with the laws and regulations of the United States and its territories.  By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable.  Quintessence makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

 

User Registration

To obtain full access to the Site, you may be required to complete a registration.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you.  You will ensure that all use of your account fully complies with these Terms of Use.  Transfer of the account by you to any other person or entity is prohibited.

 

Choice of Law and Remedies

The Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Illinois, U.S.A., without regard to its conflicts of law provisions.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Cook County, Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  In any claim or action between you and Quintessence with respect to the Terms of Use, the Privacy Policy or the Site, you agree that Quintessence will be entitled to recover its costs and expenses (including without limitation attorney fees) in addition to any other remedy available at law, in equity or otherwise, if Quintessence is successful in the prosecution or defense of such claim or action.

 

Entire Agreement

These Terms of Use and the Privacy Policy, along with other terms and conditions governing use of specific areas of the Site, constitute the entire agreement between you and Quintessence with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Site.  If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.  The section headings used in the Terms of Use are for convenience only and shall not be given any legal import.  No waiver of any provision of these Terms of Use may be implied from any failure by Quintessence to assert its rights under these Terms of Use on any occasion or series of occasions.

 

Changes to the Terms of Use

Quintessence reserves the right to change the Terms of Use from time to time.  We urge you to review the Terms of Use from time to time, as your continued use of the Site indicates your agreement to the revised terms.  Any changes to the Terms of Use will become effective immediately upon being posted on the Site, unless otherwise indicated.

 

Contact Us

We welcome your comments, questions or concerns.  You may contact us at service@quintbook.com.

 



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