Welcome to Quessence.
Quessence and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
Quessence, you accept these conditions. Please read them carefully. In addition,
when you use any current or future Quessence service or visit or purchase from
any business affiliated with Quessence, whether or not included in the Quessence
Web site, you also will be subject to the guidelines and conditions applicable
to such service or business.
PRIVACY
Please review our Privacy Notice, which also
governs your visit to Quessence, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Quessence or send e-mails
to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail or
by posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Quessence or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of Quessence
and protected by U.S. and international copyright laws. All software used on
this site is the property of Quessence or its software suppliers and protected
by United States and international copyright laws.
LICENSE AND SITE ACCESS
Quessence grants you a limited license to access
and make personal use of this site and not to download (other than page caching)
or modify it, or any portion of it, except with express written consent of
Quessence. This license does not include any resale or commercial use of this
site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Quessence. 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
Quessence and our affiliates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing Quessence's name or
trademarks without the express written consent of Quessence. Any unauthorized
use terminates the permission or license granted by Quessence. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home
page of Quessence so long as the link does not portray Quessence, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Quessence logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. Quessence does sell
products for children, but it sells them to adults, who can purchase with a
credit card. If you are under 18, you may use Quessence only with involvement of
a parent or guardian. Quessence and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER
CONTENT
Visitors may post reviews, comments, and other
content; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation. You
may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of content. Quessence reserves the right (but
not the obligation) to remove or edit such content, but does not regularly
review posted content. If you do post content or submit material, and unless we
indicate otherwise, you grant Quessence and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant Quessence and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person or entity;
and that you will indemnify Quessence or its affiliates for all claims resulting
from content you supply. Quessence has the right but not the obligation to
monitor and edit or remove any activity or content. Quessence takes no
responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT COMPLAINTS
Quessence and its affiliates respect the
intellectual property of others. If you believe that your work has been copied
in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Quessence are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Quessence and its affiliates attempt to be as
accurate as possible. However, Quessence does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by Quessence itself is not as
described, your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than Quessence and its subsidiaries
operate stores, provide services, or sell product lines on this site. In
addition, we provide links to the sites of affiliated companies and certain
other businesses. We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any of these businesses or individuals or the
content of their Web sites. Quessence does not assume any responsibility or
liability for the actions, product, and content of all these and any other third
parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Quessence ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Quessence MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Quessence DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Quessence
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Quessence ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Quessence WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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.
APPLICABLE LAW
By visiting Quessence, you agree that the laws of
the state of Rhode Island, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that might arise
between you and Quessence or its affiliates.
DISPUTES
Any dispute relating in any way to your
visit to Quessence or to products you purchase through Quessence shall be
submitted to confidential arbitration in Smithfield, Rhode Island, except that,
to the extent you have in any manner violated or threatened to violate
Quessence's intellectual property rights, Quessence may seek injunctive or other
appropriate relief in any state or federal court in the state of Rhode Island,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this
site. These policies also govern your visit to Quessence. We reserve the right
to make changes to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition. |
