TERMS AND CONDITIONS
QURB LIFE LLC
LAST UPDATED: SEPTEMBER 14, 2017
Welcome to Qurb! QURB LIFE LLC (“us,” “we,” or “QURB”) is pleased to provide you with access to OUR website LOCATED AT WWW.qurbshot.com, mobile or tablet websites, mobile or tablet applications, products and services available and accessible via our website, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, sweepstakes, EQUIPMENT, and any other materials or any other online activities or platform we own or controL (collectively, the “QURB Site”).
YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR HOMEOPATHIC SUPPLEMENT, particularly if you have any unique or special needs or conditions, such as food allergies, dietary restrictions, or if you are pregnant or breast feeding. The health, nutrition, and fitness information provided through the Qurb Site is broad in nature and in scope and may not be suitable for everyone or appropriate or relevant to your personal situation. You acknowledge that the Qurb Site has been established for general informational purposes only; as such, the content on the Qurb Site does not constitute solicitation or provision of medical advice. The information provided here should not be used to diagnose or treat any health problem, injury, or disease. The content of the Qurb Site is not intended in any way to be a substitute for professional medical advice. You should always seek the advice of a physician or other qualified healthcare provider for information about or the diagnosis or treatment of any health problem or disease.
DIETARY, NUTRITIONAL, HERBAL, OR HOMEOPATHIC supplements are not intended to diagnose, treat, cure, or prevent diseases. For personal healthcare information and advice and before revising your health, nutrition, or fitness strategies, please consult a physician or professional healthcare advisor who is familiar with your personal circumstances. We do not guarantee that the content or products available through the Qurb Site are safe and proper for every individual. The claims made about specific products have not been evaluated by the Food and Drug Administration, and individual results may vary.
The information on the Qurb Site is subject to change at any time and may be incomplete and/or may contain errors. While we intend to make every attempt to keep the information on the Qurb Site current, we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to or from the Qurb Site. Qurb and its agents and associates disclaim any liability, loss, or risk, directly or indirectly, of the application of any of the contents of the Qurb Site.
IF YOU ARE BETWEEN THE AGES OF 13 TO 17 YEARS, YOU MUST ACCESS AND/OR USE THE QURB SITE ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
- ELECTRONIC COMMUNICATION. The communications between you and Qurb are electronic. You consent to receive communications from Qurb in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
- The Site Does Not Provide Medical Advice. The Qurb Site does not constitute solicitation or provision of medical advice. Rather, the Qurb Site is for informational purposes only. None of the materials presented via the Qurb Site may be relied upon by any person for any medical, diagnostic, or treatment reasons whatsoever. Qurb disclaims any liability for any injury or other damages resulting from the review or use of the information obtained herein. Any person reviewing the materials presented here should obtain specific medical advice and answers to specific medical questions by a qualified healthcare professional.
- PRODUCTS AND SERVICES ACCESSIBLE VIA QURB SITE.
- Payment and Order Terms. The amounts due and payable by you for any product or services that you purchase through the Qurb Site (including any applicable shipping charges and taxes) will be presented to you before you place your order. If you place an order for any products or services via the Qurb Site, you agree (a) that Qurb may charge your credit card for verification, pre-authorization, and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover, and JCB. We also accept PayPal. You will receive a confirmation email after we confirm the payment for your order and you will be charged once your order ships. Your order is not binding on Qurb until accepted and confirmed by Qurb. We reserve the right to limit the order quantity on any product or service, to elongate the delivery timeline for any reason after the order has been placed, and/or refuse to ship product to any customer for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Qurb.
- Monthly Replenishment Service. If you opt for our monthly continuity program (the “Replenishment Service”), the first Replenishment Service order will bill and ship out on the thirtieth (30th) day of the month, and default to every thirty (30) days thereafter. If you order one box, 3 boxes, or 5 boxes, the same amount will be replenished every thirty (30) days. You can amend the nature of you order by managing your account. If you do not update your selection for a particular month, we will send you the same shipment as we sent the previous month, subject to availability. At any time, you may alter the products you receive, as well as the frequency you will receive those products, by visiting the Qurb website or by contacting Qurb support at 844-512-0941. You may also cancel your monthly Replenishment Service at any time without obligation, or change your date for a scheduled delivery before the products are shipped. To cancel out of a Replenishment Service entirely you must call our Customer Care line at 844-512-0941. Phone cancellations will be made immediately. You will receive an automated emailing upon cancellation that confirms the monthly Replenishment Service has been cancelled.
- Orders and Monthly Replenishment Service Payments.
The price per box, plus shipping and handling (“S&H”), for one-time order placements is as follows:
- 1 box: $29.99 plus $7.95 S&H
- 5 boxes – 149.99 plus 16.99 S&H
If you opt for continuity with the Replenishment Service, the price per box is as shown above; however, you will receive free S&H for the lifetime of the order. If your payment method is declined, we will attempt to process your charge during the month until the transaction is approved. If we are unable to complete your charge, Qurb support may contact you directly to update your account information. For your convenience, your credit or debit card information will be transmitted to and stored securely at our third party processing provider in compliance with the Payment Card Industry standards.
- Other Terms and Conditions. Qurb reserves the right to not process or cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Qurb deems appropriate in its sole discretion. Qurb also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Qurb will either not charge you or refund the charges for orders that we do not process or cancel. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. In the event that a refund is issued, it can only be issued to the original form of payment.
- Product Delivery. We take great care in packaging your order as securely as possible. In the unlikely event that your product does arrive with damage, please let us know within twenty-one (21) days of your order date by emailing our Care Team at email@example.com and please include photos.
- Title; Risk of Loss. The risk of loss and title for items purchased by you pass from Qurb to you on shipment from Qurb’s facility. All shipments are governed in accordance to Qurb’s standard shipping terms. For shipments to you in the United States, we will ship the products FOB, Qurb’s point of shipment.
- Return Policies. Try Qurb risk free with a 30-Day Money-Back Guarantee. If you have opened 3 bottles or less and if you are not satisfied in any way within thirty (30) days, simply call Customer Service for a Return Authorization number to return the package for a full refund of the purchase price, less S&H — no questions asked. Our return policy lasts thirty (30) days. If you have opened more than 3 bottles or thirty (30) days have gone by since your purchase, unfortunately, we cannot offer you a refund or exchange. To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer. There are certain situations where only partial refunds are granted (if applicable)
- Product and Service Availability. We are always striving to improve the Qurb Site, including our products and services. Therefore, we may revise or discontinue products or services at any time without notice or any liability. Prices and promotions are subject to change without notice. We do not warrant that information available via our Qurb Site is accurate, complete, reliable, current, or error-free. The Qurb Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Qurb cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Qurb attempts to process the order.
- Mobile Networks; Texting. When you contact us via your mobile phone, or you sign up for our text message programs, where available, or you access any Qurb Site through a mobile network, such as one of our mobile applications or websites, your network or roaming provider’s messaging, data, and other rates and fees may apply. Not all Qurb Sites may work with your network provider or device. When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an auto-dialer to the number you provide, and that your express consent for us to send you text messages is not a condition of purchasing any Qurb Site. You are free to opt-out of receiving text messages from us at any time.
- TRADE SANCTION LAWS AND REGULATIONS. You understand and acknowledge that Qurb is required to follow applicable trade sanctions laws and regulations in all jurisdictions where it conducts business, including the general prohibition on engaging with certain governments, entities, groups, or individuals, often referred to as Specially Designated Nationals (“SDNs”), blocked persons, and/or denied party(ies), that are suspected to, or have, engaged in, or otherwise supported, terrorism, narcotics trafficking, or other identified nefarious activities. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
We do not claim ownership to your User Content; however, if you do post User Content to the Qurb Site, and unless we indicate otherwise, you grant Qurb a perpetual, irrevocable, non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such User Content throughout the world in any media. Further, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other User Content to the Qurb Site, you are granting Qurb, its officers, managers, members, employees, consultants, agents, affiliates, and representatives a license to use User Content in connection with the operation of the Internet and mobile application related business of Qurb, its officers, managers, members, employees, consultants, agents, affiliates, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and otherwise exploit User Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Qurb Site and on third party sites and platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, and Twitter, in any number of copies and without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Content in connection with any marketing, advertising, promotion, product packaging, printed or digital publications, events and associated materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Content.
You will not be compensated for any User Content. You agree that Qurb may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Qurb Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
You can remove your User Content by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Qurb Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You understand that you may publish User Content to the Qurb Site, which is a public forum and not a communication between you and your physician or healthcare provider. We ask that you protect your private health information and that of your family by not posting or publishing User Content that contains personal health information.
- AFFILIATED AND THIRD PARTY SITES, THIRD PARTY SERVICES, AND THIRD PARTY CONTENT. Qurb has no control over, and no liability for any third party websites or materials. Qurb works with a number of third party partners and affiliates, whose Internet sites may be linked with the Qurb Site. Because neither Qurb nor the Qurb Site has control over the content and performance of these third party partner and affiliate sites, Qurb makes no guarantees about the accuracy, currency, content, policies, promotions, products, services, or quality of the information provided by such third party sites, and Qurb assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Qurb Site, you may have access to content items (including, but not limited to websites or “social media” sites such as Instagram, Facebook, Pinterest, YouTube, Twitter, etc.) that are owned by third parties. You acknowledge and agree that Qurb makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, products, services, failures, actions, damages, losses, problems, or quality of this third party content. You acknowledge sole responsibility for and assume all risk arising from your use of any third party website.
Further, certain portions of the Qurb Site may integrate, be integrated into, or be provided in connection with third party websites, services, content, and/or materials (“Third Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third Party Services accessible from the Qurb Site. There is no implied connection, endorsement, or adoption by Qurb of these Third Party Services and we shall not be responsible for any content provided on or through these Third Party Services. Certain opinions, claims, advice, representations, statements, or other information, including without limitation, regarding diet, nutrition, weight-loss, and exercise information, may be made available by third parties through or in connection with the Qurb Site (“Third-Party Content”). This Third Party Content belongs to the respective authors or providers of the applicable Third Party Content and these authors and providers are solely responsible for the Third Party Content they provide in relation to the Qurb Site.
QURB DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT REGARDING ANY PORTION OF THE QURB SITE; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CLAIM, ADVICE, REPRESENTATION, OR STATEMENT MADE BY A THIRD PARTY as part of any Third Party Content. UNDER NO CIRCUMSTANCES WILL QURB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THird Party CONTENT POSTED ON THE QURB SITE OR TRANSMITTED TO OR BY ANY THIRD PARTY in connection with the QURB SITE, INCLUDING ITS PRODUCTS AND SERVICES.
- NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THE QURB SITE, INCLUDING WITHOUT LIMITATION, ANY websites, mobile or tablet websites, mobile or tablet applications, products and services available and accessible via our website, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, SWEEPSTAKES, equipment, and any other materials or any other online activities or platform we own or control ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.
QURB AND OUR officers, managers, members, employees, consultants, agents, AFFILIATES, and representatives, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES. QURB IS MAKING THE QURB SITE AVAILABLE “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE QURB SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QURB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QURB SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. QURB DOES NOT WARRANT THAT THE QURB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE QURB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE QURB SITE IS AT YOUR SOLE RISK.
CERTAIN APPLICABLE STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, and representatives, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
YOU WILL NOT HOLD QURB OR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE QURB SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE QURB SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE QURB SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD PARTY CONTENT OR THIRD PARTY SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH OUR QURB SITE.
- LIMITED LIABILITY. QURB’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QURB OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, or representatives (COLLECTIVELY, THE “QURB PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE QURB SITE OR ANY OTHER MATERIALS, PRODUCTS, GOODS, OR SERVICES PROVIDED TO YOU BY QURB. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, or any other legal theory or form of action EVEN IF QURB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT QURB PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, QURB PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND AS PROVIDED HEREIN, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF QURB PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU OR ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO QURB, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QURB AND YOU.
CERTAIN APPLICABLE STATE LAWS DO NOT ALLOW 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 MIGHT HAVE ADDITIONAL RIGHTS.
- INDEMNITY. You agree to indemnify Qurb for certain of your acts and omissions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH YOU, HEREBY AGREE TO INDEMNIFY, DEFEND, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE QURB PARTIES, FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, JUDGMENTS, DAMAGES, LIABILITIES, SETTLEMENTS, LOSSES, COSTS, EXPENSES, AND RECOVERIES FOR ANY AMOUNTS CLAIMED DUE, OF ANY KIND OR NATURE WHATSOEVER THAT YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING PENALTIES, INTEREST, AND REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY KIND OR NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, INVASION OF PRIVACY, DEFAMATION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY RELATED CAUSES OF ACTION, OR YOUR USE OR MISUSE OF THE QURB SITE, OR YOUR OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH.
Qurb reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users or customers. To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the Qurb Site and from any claims related to the conduct of any other users or customers of ours. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- PROHIBITED USES. Qurb imposes certain restrictions on your permissible use of the Qurb Site. You are prohibited from violating or attempting to violate any security features of the Qurb Site, including, without limitation, (A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (B) attempting to probe, scan, or test the vulnerability of the Qurb Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Qurb Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (D) using the Qurb Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (E) forging any TCP/IP (i.e., Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any e-mail or in any posting using the Qurb Site; or (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Qurb in providing the Qurb Site. Any violation of system or network security may subject you to civil and/or criminal liability.
- OWNERSHIP OF THE QURB SITE. Except as provided herein, the Qurb Site (including past, present and future versions) and all content that are included in, on, or that are otherwise a part of the Qurb Site (collectively, the “Qurb Content”) are owned, controlled or licensed by Qurb.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Qurb Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Qurb Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you. You further agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the Qurb Site or Qurb Content.
- COPYRIGHT INFRINGEMENT. We respect the intellectual property of others, and we ask you to do the same. Qurb has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Qurb Site. If you are a copyright owner or an owner’s agent and find any content on the Qurb Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). Qurb has adopted a policy that provides for the immediate suspension and/or termination of any Qurb Site user who is found to have infringed on the rights of Qurb or of a third party, or otherwise violated any intellectual property laws or regulations. Qurb’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Qurb to delete, edit, or disable the material in question, you must provide Qurb with all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (C) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Qurb to locate the material; (D) information reasonably sufficient to permit Qurb to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (E) a statement that you have 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 (F) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Qurb’s designated agent at:
Qurb Life LLC
Attn: Website Administrator
7850 Ruffner Avenue
Van Nuys, California 91406
- COPYRIGHT. All Qurb Content included in or made available through the Qurb Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Qurb or its content suppliers and protected by United States and international copyright laws. The compilation of all Qurb Content included in or made available through the Qurb Site is also the exclusive property of Qurb and protected by United States and international copyright laws. Without limitation, Qurb owns a copyright in the selection, coordination, arrangement, and enhancement of the Qurb Content on the Qurb Site. All Qurb Content of the Qurb Site is: Copyright © 2017 Qurb. All rights reserved.
- GOVERNING LAW. You agree that all matters relating to your access to or use of the Qurb Site, including all disputes, are governed by and construed in accordance with the laws of the United States and the State of California, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- DISPUTE RESOLUTION.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection (E) and send a letter requesting arbitration and describing your claim to our registered agent. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Qurb will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Qurb will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
Contact information for Qurb’s registered agent for Disputes/Arbitration is as follows:
QURB LIFE LLC
ATTN: Agent for Service of Process
6300 Wilshire Boulevard, Suite 300
Los Angeles, CA 90048
- No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
- Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Los Angeles County, California; (ii) you and Qurb irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Qurb agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Qurb agree to waive any right to a trial by jury.
- Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
- Severability. With the exception of subsection (B) above, if any part of this section is ruled to be unenforceable, then the balance of this section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If subsection (B) above is ruled to be unenforceable, then subsection (A) shall be deemed unenforceable, but the rest of this section shall remain in full effect.
- CALIFORNIA USE ONLY. The Qurb Site is controlled and operated by Qurb from its offices in the State of California. Qurb makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Qurb Site should not be construed as Qurb’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- INTERNATIONAL USE. We control and operate the Qurb Site from our offices in the State of California, United States of America, and all information is processed within the United States. We do not represent that materials on the Qurb Site are appropriate or available for use in other locations. Those who choose to access the Qurb Site from outside the United States do so voluntarily and are responsible for compliance with their local laws.
- CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Qurb Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Qurb Life LLC, Attn: Website Administrator, 7850 Ruffner Avenue, Van Nuys, California 91406, Email: firstname.lastname@example.org.
- FEEDBACK. We welcome feedback, comments, and suggestions for improvements to the Qurb Site (“Feedback”). You can submit Feedback by emailing us at email@example.com. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of, and otherwise exploit the Feedback for any purpose.