These Terms of Service were last revised and shall become effective as of APRIL 11, 2025
Welcome to the Quartz Media Network (US) Inc (“QMN”, “our”, “we”, or “us”)., the owner and operator of Quartz and The Inventory (“QMN” and “the Sites”, “the Site”). By visiting the Site and accessing any Content or using any of the Service or Services or products available through the Site, you agree to the following terms and conditions. QMN is granting you a limited, revocable right to access, use, and view the Content published and made available through the Site. The Privacy Policy located at https://www.quartzmedianetwork.com/privacy (“Privacy Policy”) and any and all other applicable QMN operating rules, policies, and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated here by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. You may not reproduce, modify, or re-distribute any Content or materials being made available to you on this Site in any way, unless otherwise authorized in writing by QMN.
This Agreement is between you (“you” or “your”) and QMN and governs your access to and use of the Site, the Services, the Content, and any products offered by QMN through the Site. Your access to and use of the Site is conditioned on your acceptance of and compliance with this Agreement.
IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY CONTENT, SERVICES, OR THIS SITE IN ANY MANNER OR FORM.
1. DEFINITIONS:
1.1 “Service” or “Services” shall mean any of the internet based or other services offered by QMN, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by QMN, through a social networking system, a mobile application, on your cellphone or otherwise.
1.2 “Content” shall mean each and every item of content or other material (including without limitation, comments, ideas, images, links, documents, text, writings, photographs, graphics, videos, audio, music, sound recordings, or files) uploaded by a user to the Site and/or Services.
2. USE OF THE SITE AND SERVICES - QMN is granting you the right to access and use the Site and Services and to view the Content provided that you are of legal age to form a binding contract in the applicable jurisdiction where you reside. When accessing and using the Site and/or Services, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence. You agree that you are responsible for your own conduct when accessing and using the Site, the Services, viewing Content, and for any consequences thereof. You understand that by visiting, accessing, and using the Site, you may be exposed to Content that you may consider to be offensive, objectionable, indecent, or inappropriate. You agree that visiting, accessing, and using the Site, the Services, and Content is at your own risk.
3. SITE AVAILABILITY - QMN uses commercially reasonable endeavours to ensure that the Site is available at all times. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of QMN. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. You agree that QMN shall not be responsible or liable to you for the deletion or failure to make available any Content and other communications maintained or transmitted through the Site, or any modification, suspension, or discontinuance of the Site and/or Services. You acknowledge that QMN reserves the right, in its sole discretion, to limit your ability to access and use the Site, the Services, any Content, or any other resources, products, services, or content made available on the Site. QMN reserves the right to terminate, suspend, or limit certain features or functionality of the Site and/or Services at any time and in its sole discretion.
4. PRIVACY POLICY - By visiting, accessing, and using the Site, the Services, and Content, you acknowledge and agree that QMN may access, preserve, and disclose any personal information collected by QMN if required to do so in accordance with applicable law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law (including without limitation, applicable data protection and data privacy laws), regulation, legal process or enforceable governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); and/or (d) protect against imminent harm to the rights, property or safety of QMN, any Site visitors, or the public as required or permitted by applicable law. More information on QMN’s Privacy Policy can be reviewed at https://www.quartmedianetwork.com/privacy.
5. USING OUR SITES, USER CONDUCT, AND YOUR CONTENT
5.1 Eligibility: You may use our Sites and/or Services only if you can form a binding contract with QMN in compliance with the Agreement. In order to become a “Registered User” (and creating a Site and/or Service account), QMN requires you to be at least eighteen (18) years old and not have a previous account that has been suspended or terminated by QMN or otherwise have had your access to the Site and/or Services suspended or terminated by QMN. It is a violation of the Agreement to provide false or misleading information to QMN in connection with the creation of your Site user account. If you would like to register a user account for a child or minor, please email contact us. For the purposes of this Agreement, a “child” or “minor” is an individuals under the age of thirteen (13), or such age as defined in accordance with applicable law, applicable data law, or the country’s minimum age where the individual resides.
5.2 User Responsibilities: You are solely responsible for your use of the Site, the Services, for any Content you submit to us, any interactions with other Site users, and for any consequences thereof. Content you submit through the Site and/or Services will be viewable by other users of the Site and through third party services and websites. You should only provide Content that you are comfortable sharing with other Site users, and where such Content does not and will not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. QMN reserves the right, but is not obligated, to reject and/or remove any Content in its sole discretion, including, but not limited to, Content that is in violation with this Agreement. QMN reserves the right, but has no obligation, to monitor disputes between you and other Site users. QMN shall have no liability for your interactions with other Site users, or for any Site user’s action or inaction.
5.3 User Conduct: By visiting, accessing, and using the Site, the Services, and Content, you agree to the following:
1. Registration.
2. No Changes to the Site and Services/Prohibited Uses.
You may not and may not allow or assist any third party to:
3. Usage Rules.
You agree that your use of and conduct on the Site (including any commenting feature), the Services, and your Content shall be lawful and will not:
4. You agree that you shall be responsible for any consequences (including the responsibility to indemnify QMN from and against any claims that may be asserted against QMN and/or any damages QMN may suffer) arising in connection with your use of and conduct on the Site, the Services (including any commenting feature), and if your Content:
5. QMN does not control or endorse any content, messages or information found in Content or external sites that may be linked to from such Content and, therefore, QMN specifically disclaims any responsibility with regard thereto.
6. The Site and/or Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. Under no circumstances shall QMN be responsible or liable for the legality of such materials, or for any error, inaccuracy or problem with any advertiser’s or sponsor’s submitted materials.
5.4 Modification of Site/Services. We reserve the right to alter, suspend, modify, update, or remove the Site, the Services, and any Content or any portion(s) thereof, at any time in our discretion. QMN reserves the right to discontinue previously offered features and/or functionality in its sole discretion and without prior notice to you. Under no circumstances shall QMN be liable to you or to any third party for any modification, removal, suspension, or discontinuance of any feature or component of any portion of the Site and/or Services. QMN reserves the right to determine the timing, features, functionality, and content of any updates to the Site and/or Services, which may be performed automatically by QMN without user interaction and without notice to you.
5.5 Beta Features. From time to time, QMN may make beta features available to you. For the purposes of this Agreement, “beta features” shall mean certain services and/or features available to users of the Site and/or Services for use which are still in their beta stage and have not been fully tested. You may choose to use such beta features in your sole discretion. QMN may modify or discontinue beta features at any time in its sole discretion. You understand and agree that QMN may never make beta features generally available. QMN will have no liability for any harm or damage arising out of or in connection with any beta features, including, without limitation, your access thereto or use thereof.
5.6 Equipment and Connections. In order to access and use the Site and/or Services, you may be required to purchase equipment such as a computer or other device. You are solely responsible for purchasing and properly connecting such equipment to access the Site and/or Service. To access and use the Site and/or Service, you are required to connect to the internet through telecommunications systems. You are solely responsible for purchasing and maintaining such connections. QMN shall not be liable to you for any failure or issue related to any connection or equipment you may use to access, use, and interact with the Site and/or Services.
6. LICENSING AGREEMENTS
6.1 User License: You retain all right and title to any Content you submit to or through the Site and/or Services. By uploading and posting any Content on the Site and/or Services, you represent and warrant that you have the right and necessary licenses to grant to QMN a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site, the Services, and QMN’s (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Site, the Services, and derivative works thereof, in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and non-commercial purposes alike. You also hereby grant each user of the Site a non-exclusive license and right to access your Content through the Site and/or Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and/or Services under this Agreement. Any material you transmit to QMN or otherwise through the Site and/or Services will be treated as non-confidential and non-proprietary. Such additional uses by QMN, or other companies, organizations or individuals who partner with QMN or use the Site and/or Services, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Site and/or Services. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt such Content to any requirements or limitations of any networks, devices, services or any third-party services. These third-party services have separate terms and conditions and privacy and data collection practices and QMN has no responsibility or liability relating to them. You are responsible for reading and understanding those third party services’ terms and conditions and privacy policies.
6.2 Site/Services License: All right, title, and interest in and to the Site and/or Services (excluding Content provided by users) shall remain the exclusive property of QMN and its applicable licensors. The Site and Services contain copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. QMN, or the applicable third-party licensor(s), retain all patent, trademarks, and copyright to any Content published on the Site and/or Services. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. Nothing in this Agreement gives you any right to use the QMN name or any QMN website names, trademarks, logos, domain names, and other distinctive brand features. If you provide any ideas, comments, feedback, suggestions, materials, information, opinions, or other input to QMN ("Feedback"), regardless of any accompanying communication, QMN has no obligation to review, consider, or implement any Feedback. All Feedback is made on a non-confidential basis, and QMN and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any attribution or compensation to you. Subject to your acceptance and full compliance with the terms and conditions of this Agreement, QMN grants you a non-exclusive, limited, non-transferable, non-sublicensable, revocable right and license to use the Site and Services for your personal non-commercial use only (i.e. you may not use the Site and/or Services to provide or serve or permit others to provide or serve ads or contests or sweepstakes). All rights not expressly granted hereunder are reserved for QMN or its applicable licensors. QMN reserves the right to terminate your right and license to use the Site and/or Services at any time and for any reason, or to charge a fee for any commercial usage of the Site and/or Services.
7. QUARTZ MEMBERSHIP
7.1 Memberships. Some Content is only available to users who purchase a Quartz Membership (“Membership” or “Memberships”). You will not be charged for using the Services unless you have opted for a Membership. You must be eighteen (18) years of age or older to purchase a Membership or any other content, product, or service offered by Quartz. If you are less than eighteen (18) years of age and want to make any such purchase, please obtain your parent or guardian’s consent to complete the purchase.
7.2 Membership Plans. Memberships may be available as monthly and yearly plans. Each Membership is valid for only one (1) user account and may not be used with any other user accounts. You agree to pay the Membership fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. QMN reserves the right to charge a fee for use of additional Services or content that are currently free of charge.
7.3 Monthly Membership. Monthly membership members agree that QMN will automatically extend the membership at the conclusion of each month of the term, and that QMN will charge the credit card on file the applicable monthly fee for the next one-month Membership term. This billing cycle will continue in perpetuity until a monthly member terminates their Quartz Membership.
7.4 Annual Membership. Annual membership members agree that QMN will automatically extend the membership at the conclusion of each annual term, and that QMN will charge the credit card on file the applicable annual fee per year or discounted promotional price, (if applicable) for the next one-year Membership term. One month before the conclusion of the annual membership term, Quartz will notify members of the renewal prior to charging the credit card. This billing cycle will continue in perpetuity until an annual member terminates their Quartz Membership.
7.5 Modifications to Memberships. QMN may add new services, features, and functionalities for additional fees and charges, and add or amend fees and charges for existing Memberships, at any time in its sole discretion. If we add or amend our Membership fees, we will update our pricing and payment terms. Any change to our pricing and payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement; provided however that if we have offered a specific duration for your current Membership, we agree that the fees will remain in force for that duration.
7.5 Contributions; Gift Memberships. You may opt to make a one-time contribution (“Contribution”) to Quartz to support its valued journalism. You may also purchase a gift membership (“Gift”) to Quartz. The Contribution and/or any Gift will not automatically renew and is not a recurring Membership charge. The Gift shall terminate at the end of the Gift term purchased.
7.6 Payment of Membership Fees. Membership purchases are on a subscription basis that renews automatically unless canceled. EXCEPT FOR CONTRIBUTIONS AND GIFT MEMBERSHIPS, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF YOUR MEMBERSHIP TERM FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL MEMBERSHIP TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 7.8 OF THIS AGREEMENT. As used in this Agreement, “billed”, “billing”, or “charge” shall indicate either a charge or debit, as applicable, against your payment method on file with QMN or its applicable third-party payment services provider. When you purchase a Membership, you expressly acknowledge and agree that: (1) QMN (and its third-party payment services provider) is authorized to charge you at the beginning of each Subscription Term the Membership fees, any applicable taxes, and any other charges you may incur in connection with your Membership, for as long as your Membership continues; and (2) your Membership subscription is continuous until you cancel it or the Memberships are suspended, discontinued or terminated in accordance with this Agreement. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your Membership plan, changes in applicable taxes, and changes in fees in accordance with Sections 7.5 and 7.8 and you authorize us to charge your payment method on file for the changed amounts. We will automatically bill your payment method each month or each year (if applicable) on the calendar day corresponding to the commencement of your Membership (excluding any applicable trial period) or within 3 to 5 business days of such date. If your payment method on file reaches its expiration date and/or you do not renew your Membership, we reserve the right to terminate or limit your access to certain Content.
7.7 Membership Cancellation. You may cancel your Membership at any time. Please note that if you cancel your Membership after a Membership billing cycle is over, you will not receive a refund for the previous Subscription Term. If you have purchased a Membership and you are not satisfied with your Membership, you may request a refund, however, such request must be made within five (5) days of being charged for your Membership purchase. Requests for refunds after five (5) days will not be accepted and processed. Membership renewals are not eligible for any refunds. If you decide to cancel your Membership, your Membership subscription will not be renewed after your then-current Subscription Term expires. If you cancel your Membership prior to the expiration of your then-current Subscription Term, you will not be eligible for nor will you receive a prorated refund for any portion of the Membership fees paid for the then-current Subscription Term, however, you may continue to use the Membership until the end of your then-current Subscription Term.
7.8 Membership Support. If you have encountered technical difficulties that have impacted your Membership experience, please email members@qz.com and we will work with you to resolve them.
Via Website: Log-in to your account at https://qz.com/login/, then navigate to qz.com/account/membership/ to access your account settings. Click to cancel your membership and confirm that you want to cancel. As provided in Section 7.7, users who cancel their Membership after being charged for the first billing cycle will only be refunded if the refund request occurs within a five-day period after being charged.
7.9 Payment Information/Taxes. We or our third-party payment processors will charge your Membership fees and any other charges you may incur to the payment method you provide when you register for a Membership. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with QMN must be accurate, complete, and current. You may change your payment method by changing the information in your Membership account. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with QMN at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to certain Content and we shall be under no obligation to provide any or all such Content while the applicable Membership fees concerned remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Membership fees, purchases, transactions or other monetary transactions. All Membership fees are exclusive of applicable sales, use, withholding or other transactional taxes, which are your sole responsibility, and QMN will charge as applicable. The amounts of any such taxes will not reduce any Membership fees due hereunder. You agree to pay any taxes applicable to your Membership. If you are located in the European Union, all fees are exclusive of any VAT. If you are located in Canada, all fees are exclusive of GST, PST, and/or HST.
8. ADVERTISEMENTS AND LINKS
QMN may display third-party advertisements and promotions on the Site and/or Services for certain products, goods, software applications, and/or services, which may be targeted to the Content or information on the Site, queries made through the Site, or other information. The manner, mode, types, and extent of advertising by QMN on the Site and/or Services are subject to change at any time. You agree that QMN shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties and your use of their applicable products, goods, software applications, and/or services. In consideration for QMN granting you access to and use of the Site and/or Services, you agree that QMN and its third-party providers and advertising partners may place advertising on the Site and/or Services with the display of Content or information from the Site and/or Services whether submitted by you or others. QMN may provide, or third parties may provide, links to other Internet sites or resources. Because QMN has no control over such sites and resources, you acknowledge and agree that QMN is not responsible for the availability of such external websites or resources or the content or policies that govern the use of those websites. Furthermore, QMN does not endorse and is not responsible or liable for any content, advertising, products, goods, software applications, services, and/or other materials on or available from such websites or resources. You further acknowledge and agree that QMN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such advertising content, products, software applications, goods and/or services available on or through any such website or resource, nor will QMN accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware or malicious code that may infect your computer systems as a result of your use of any third-party websites.
9. COPYRIGHT POLICY
9.1 Compliance With Applicable Intellectual Property Laws. If QMN receives notice that Content posted is unlawful or not in keeping with this Agreement or the intended use of the Site and/or Services, we reserve the right to remove such Content. It is our policy to respond to alleged infringement notices in accordance with the Digital Millennium Copyright Act (“DMCA”) and any other applicable intellectual property laws. The text of the DMCA can be found at the U.S. Copyright Office Web Site.
9.2 Submitting an Intellectual Property Infringement Claim. To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF of the claim, or by certified mail) that sets forth the items specified below. In all cases, if you do not hear a response from us within thirty (30) days of submitting a complaint, please call us at to confirm that we have received your original complaint. To enable us to address your concerns, you must provide the following information in writing:
9.3 Misrepresenting Infringement on Your Intellectual Property. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Site.
9.4 Procedure for Intellectual Property Infringement Claims. Please note that the procedures defined under this Section 9 are strictly for notifying QMN and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with QMN’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
10. TERMINATION
10.1 You may discontinue your use of the Site and or Services at any time without informing or notifying us. Subject to the provisions in the Privacy Policy, we may retain and continue to use any Content that you have submitted or uploaded to the Site and/or Services.
10.2 QMN may, without prior notice, change and modify the Site and/or Services, stop providing access to certain features of the Site and/or Services, or create usage limits for the Site and/or Service. We may permanently or temporarily terminate or suspend your access to the Site and/or Services without notice and liability for any reason, including if, in our sole determination, you violate any terms and conditions of this Agreement. In particular, we may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement, in accordance with the DMCA and other applicable laws.
10.3 Upon termination of your access to or ability to use the Site and/or Services, including but not limited to suspension of your account, your right to use or access the Site, the Services, and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty, disclaimers, and limitations of liability. Termination of your access to and use of the Site and/or Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to QMN or any third party.
10.4 Upon termination of your Quartz account or upon your deletion of particular pieces of your Content from the Site and/or Services, you acknowledge and agree that: (i) caching of, copies of, or references to the Content may not be immediately removed; (ii) such removed Content may persist in backups (not available to others) for a reasonable period of time; and (iii) such removed Content may be available (and stored on our servers) through the accounts of other users, because of “liking”. You agree to release and indemnify QMN from all claims related to the retention of deleted content.
11. INDEMNITY
You agree to defend, indemnify and hold harmless QMN and its subsidiaries, parent company, agents, licensors, managers, and other affiliated entities, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and/or Services, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any terms and conditions of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of (1) any of your Content or any Content that is submitted via your account; (2) and/or your use of the Site and/or Services; or (vi) any other party’s access and use of the Site and/or Services with your login credentials, whether authorized or not.
12. WARRANTY, DISCLAIMER, AND LIMITATIONS OF LIABILITY
12.1 ANY CONTENT AND INFORMATION OBTAINED THROUGH YOUR USE OF THE SITE, AND/OR ANY PRODUCTS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE AND/OR ANY PRODUCTS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES.
12.2 THE SITE AND SERVICES ARE BEING PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QMN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12.3 QMN DOES NOT WARRANT THAT (I) THE SITE, THE SERVICES, AND/OR ANY CONTENT OR ANY PROMOTED GOODS, PRODUCTS, SOFTWARE APPLICATIONS, OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE, PRODUCTS, SOFTWARE APPLICATIONS, AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SOFTWARE APPLICATIONS, AND/OR SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH THE SITE OR THROUGH ANY SOFTWARE APPLICATIONS AND/OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE, PRODUCTS, SOFTWARE APPLICATIONS, SERVICES AND/OR CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QMN OR THROUGH THE SITE, THE CONTENT, AND/OR ANY PRODUCTS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12.4 Release From Liability: You release, to the fullest extent permitted by applicable law, QMN, its affiliated entities, parent companies, subsidiaries, directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your account by you or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized access, use or alteration of such communications or your Content.
12.5 Limitation of Liability: Information on the Site and/or any products, software applications, and/or services made available to you through the Site and/or Services may contain technical inaccuracies or typographical errors. Information and any products, goods, services, software applications, and/or Content being made available to you on this Site may be changed or updated at any time without prior notice to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QMN, ITS AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITES AND/OR SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SITES AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QMN AND/OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF QMN AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE AND/OR SERVICES.
13. GOVERNING LAW
This Agreement and all claims related to it, or the performance by any parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom, and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of inconvenient forum. The failure of QMN to exercise or enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by you of any of the provisions of the Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect QMN’s ability to enforce each and every such provision thereafter. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST QMN ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. ENTIRE AGREEMENT
This Agreement (including any policies, guidelines or amendments that may be presented to you from time to time) constitutes the entire agreement between you and QMN and governs your use of the Site and Services, superseding any prior agreements between you and QMN. You also may be subject to additional terms and conditions that may apply when you use any other current or future products and services made available through the Site and/or Services. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. The failure of QMN to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect QMN’s ability to enforce each and every such provision thereafter.
15. NOTICE AND AMENDMENT TO TERMS.
QMN reserves the right to amend the terms and conditions of this Agreement at any time and in its sole discretion. We shall notify you of any material changes to the Agreement by providing you with notification of such changes which will appear in a prominent location on the Site and/or Services. Your continued use of the Site and/or Services following the posting of changes to the Agreement will constitute your acknowledgement and acceptance of any and all changes.
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