Acceptance of Terms and Conditions for Online Product Purchases
This Acceptance of Terms and Conditions for Online Purchases (the “Agreement“) sets forth the terms of the relationship between the Quit Smoking Mentor, a division of DVS Diamond Enterprises, LLC (“QSM“), with offices located in Jupiter, Florida, USA, and you as the purchaser or consumer (“you“) as it relates to the purchase of goods and services offered online through QSM’s website and/or related online links (the “Online Products”). You and QSM may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
- Term of Agreement. This Agreement shall apply to your purchase of one or more Online Products offered through QSM’s website and/or related online links.
- Online Products Used at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific, personal results by purchasing one or more of its Online Products. QSM makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. QSM does not provide psychological, investment or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety.
- Refund Policy. All Online Products are nonrefundable. Any purchase by you is deemed completed upon submission and acknowledgement that the form of payment provided in connection with the transaction may be charged by QSM.
- Ownership Rights and Proprietary Information. QSM and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by QSM (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by QSM (or its affiliated entities) in connection with the Online Products or any Proprietary Information (as defined below). You agree that all materials provided by QSM as part of the Online Products, which are confidential and proprietary in nature, will constitute QSM’s “Proprietary Information.” You will personally use all materials related to the Online Products and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of QSM.
- Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “QSM Intellectual Property“) associated with the Online Products. You will not take any action that would interfere with or infringe upon the QSM Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the QSM Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the QSM Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the QSM Intellectual Property; (iv) use of any QSM Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of QSM and (v) any action that would pass off or create the appearance of an association with or endorsement by QSM.
- Modification. QSM may modify or amend any of the terms and conditions contained in this Agreement, at any time and in QSM’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of QSM’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/ amendment will constitute your binding acceptance of the new terms and conditions.
- Indemnification. You will indemnify, hold harmless and defend QSM (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products or your violation of this Agreement or applicable law.
- Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without QSM’s prior written consent.
- Limitation of Liability. QSM (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if QSM or its affiliated entities knew or should have known of the possibility of such damages. Further, QSM’s aggregate liability arising with respect to this Agreement and the applicable Online Products will not exceed the total amounts paid or payable by you for purchase of the Online Products.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against QSM, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration Association (AAA). One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorneys’ fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in West Palm Beach, Florida. Both Parties hereby give their irrevocable consent to the processes of the AAA in Florida, as well as the jurisdiction of the courts of Palm Beach County, Florida for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
- Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
- Relationship of Parties. You agree that by purchasing one or more of QSM’s Online Products you are acting as an independent contractor, and you are responsible for determining your own activities.
- Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. QSM’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of QSM’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.