Terms and Conditions | Monthly Subscription Agreement
“QuatrroDirect” is the service mark of QuatrroDirect. “QuatrroDirect” is the name and style under which QuatrroDirect provides its technical support services. All references to QuatrroDirect refer to QuatrroDirect.
Services include any QuatrroDirect Service Plan or Product Plan or Plan Order that you enter into with QuatrroDirect through use of the QuatrroDirect web portal located at www.jaguarstones.com (the “QuatrroDirect Portal”). These Terms govern and apply to all QuatrroDirect plans available through the QuatrroDirect Portal, and any use of the QuatrroDirect Portal. In the event of any conflict these Terms will prevail and control any Plan Order Form that you submit requesting Services (“Plan Order”).
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the QuatrroDirect Portal. Materials are the proprietary and copyrighted work of QuatrroDirect and/or licensors and its suppliers.
“Software” means a computer program of any kind, whether owned by QuatrroDirect or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.
SCOPE OF SERVICES
You may initiate the Services via telephone, via the Site, or other means made available by QuatrroDirect. QuatrroDirect will use commercially reasonable efforts to answer your technology problem/s and resolve the same for a fee as set forth in the Site or as quoted on the telephone, as applicable. QuatrroDirect may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology we can support. Certain Services may have minimum system requirements. QuatrroDirect Services includes Services that are available on a one-time basis, for a fee (“Incidental Services”); as well as subscription Services, which entitle you to more than one Service over a period of time, for a recurring fee (“Subscription Services”) and one-time free trial (“LEAP services”).
AUTHORIZATION TO ACCESS YOUR COMPUTER; MONITORING OF THE SERVICES
You acknowledge that by your use of the Services you are authorizing QuatrroDirect to access and control your computer or any other device (collectively “Device”) for the purposes of diagnosis, service and repair. In connection with and for delivering the Services, QuatrroDirect may need to download and use software, gather system data, take remote control of your Device and access or modify your Device settings. By accepting these Terms, you hereby grant QuatrroDirect the right to connect to your Device, download and use software on your Device to gather system data, repair your Device, take remote control of your Device and change the settings on your Device while performing the Services. Other than as set forth in the warranty section below, you agree that QuatrroDirect shall have no responsibility or liability under any circumstance whatsoever at any time for any loss or harm whatsoever that may arise from or may be related to the use or provision of the Services.
We may, but have no obligation to, monitor and/or to review all Materials posted to the Site or through the Site’s Services or features by third parties, and we are not responsible for any such Materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict your access to a part of or all of the Site without notice or penalty if we believe you are in breach of these Terms or in violation of applicable laws.
YOU ARE SOLELY RESPONSIBLE FOR CREATING A BACK UP AND MAINTAINING FOR ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS IN RELATION TO OR PERTAINING TO THE DEVICE (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT QUATRRODIRECT OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.
QUATRRODIRECT DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.
QuatrroDirect services are delivered on a state-of-the-art integrated delivery platform which allows us to support your computer(s) remotely. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows:
1.For our subscription-based plans and software product the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase.
2.For our One Time Fix Plan, the Money-Back Guarantee is valid for 7 days, beginning at the time of purchase for the Incident.
DISCLAIMER OF WARRANTIES
QUATRRODIRECT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES (INCLUDING WITHOUT LIMITATION ALL ADVICE AND CONSULTATION), THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OR OTHERWISE.
QUATRRO DIRECT DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. QUATRRO DIRECT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY MATERIAL OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO
1.ALLOW QUATRRODIRECT TO REPERFORM THE SERVICES SUBJECT TO DISPUTE,
2.RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
USE OF SOFTWARE AND TOOLS
QuatrroDirect may need to download and/or run software on your Device to help diagnose and resolve your technology problem. QuatrroDirect uses several types of software: the first type provides Device system information to QuatrroDirect which helps us diagnose and resolve your technology problem, the second type allows QuatrroDirect to remotely control your Device and modify its settings or software, and the third type generally consists of utilities and other tools to improve Device performance and help resolve your technology problem.
You acknowledge and agree that use of all QuatrroDirect software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when you access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party Web sites and accept any applicable license agreements on your behalf. You hereby acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the QuatrroDirect Software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your Device during the Services after we have completed or terminated the Services.
GUESTS: LIMITED PERMISSION TO USE OF QUATRRODIRECT PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. QuatrroDirect has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use the QuatrroDirect Portal and Materials (defined below) specifically designated as available to guests on the QuatrroDirect Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by QuatrroDirect, (b) registering with QuatrroDirect and submitting Plan Orders only. The foregoing grant of access is a non-exclusive and is revocable.
QuatrroDirect may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with QuatrroDirect ‘s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
You further consent to receive calls and e-mails from or on behalf of QuatrroDirect regarding your Subscription Services, including renewals thereof and other related product or services from QuatrroDirect, which may be of interest to you, at the telephone numbers provided in your Subscription Plan, including your wireless number if provided. Please note that the forgoing consent is not a condition of purchase. If you do not wish to receive such calls and e-mails from QuatrroDirect, you can indicate your preference by following the instructions included in such communication or by emailing us at Account.Management@QuatrroDirect.com or you may contact us at +1 844 902 1100 or write to Customer Support, Business Development Group, 1850 Parkway Place Ste. 1100 Marietta, GA 30067 to opt-out.
LIMITED PERMISSION TO USE THE QUATRRODIRECTPORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the QuatrroDirect Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL USE RESTRICTIONS
Any other use of the QuatrroDirect Portal, Services, Materials or Software, other than as explicitly permitted by QuatrroDirect is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to QuatrroDirect and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
You must cooperate with QuatrroDirect and promptly respond to our requests for information and comply with our requests to take actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of Software on your Device and accept all applicable license agreements for the Software.
In connection with obtaining Services, you agree that you will:
1.Cooperate with the QuatrroDirect Engineer: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected with close coordination cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer’s instructions. You must confirm that the following conditions are true:
1.1 The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with QuatrroDirect support personnel.
2.Software/Data Backup: You understand and agree that QuatrroDirect shall under no circumstance be responsible for any lost or corrupted software or any kind of data belonging to you on the device being serviced or any external device connected to it in anyway, while performing the Services for you. QuatrroDirect strongly recommends that you at all times maintain a complete back up of data and disaster recovery plan.
3.Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You hereby agree to notify QuatrroDirect immediately of any unauthorized use of your account or any other breach of security. QuatrroDirect will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by QuatrroDirect or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
FEES AND PAYMENT
The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to the Services selected by you, as well as any applicable taxes. For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription.
By authorizing us to charge your credit card for Subscription Service purchased by you, you hereby further authorize QuatrroDirect to continue to charge your credit card (or a replacement card, if the credit-issuing entity informs QuatrroDirect that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact QuatrroDirect if you do not wish to renew your Subscription Service; if you do not contact QuatrroDirect, the Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected, at QuatrroDirect ‘s then-applicable fees.
If you choose to cancel or not renew your Subscription Service, you may notify us of your intent to cancel or not to renew your Subscription Service at any time. The cancellation or the non-renewable, as the case may be, shall be effective from the next billing period immediately following your notice to cancel your Subscription Services. You will continue to have the benefits of your Subscription Service until the end of your current billing period. Except as otherwise set forth in these terms and conditions, if you terminate your Subscription Service before completing its term or QuatrroDirect terminates it for your violation of these Terms, then you agree to pay QuatrroDirect, the early termination fee as set forth in the Service Plan you have chosen.
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
In order to obtain Subscription Services, you must at all times have current and functional antivirus software in place and running on your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, your covered Device(s) must be virus free (as determined by us) at the time that you purchase the Subscription Service. If We determine that your Device is infected by a virus, we may require that you purchase a service to clean your Device prior to obtaining Subscription Services.
QuatrroDirect reserves the right to terminate your Subscription Service, upon notice, if QuatrroDirect determines, in its sole business judgment, that your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than you, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that your Subscription Service is terminated, QuatrroDirect will refund to you a pro rata portion of any fees that you have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level you purchased. Please refer to the Site for details on those restrictions.
It may be necessary for QuatrroDirect to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the software installed on its and your computer system(s), which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Software. QuatrroDirect provides no assurance that you will receive advance notification of such activities or that the Software or Services will be uninterrupted or error-free. Unless otherwise agreed to in writing between you and QuatrroDirect, any degradation or interruption in the Software or Services shall not give rise to a refund or credit of any fees paid by you.
USE OF THE SERVICES
Your use of the Services is only for your personal and internal business purposes on your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of your technology or providers of services relating to such technology, to access or use the Services.
USE OF THE CONTENT
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless:
1.You use the Content solely for personal, informational and non-commercial purposes;
2.QuatrroDirect ‘s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page;
3.No modifications are made to any content.
The rights granted to you in connection with the Services do not constitute a sale or transfer of title. QuatrroDirect reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from QuatrroDirect. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of QuatrroDirect. Any rights not expressly granted herein are reserved by QuatrroDirect.
You shall not:
1.”Mirror” any Content on the Site on any other server without QuatrroDirect ‘s prior express written permission,
2.Use the Service for any illegal purpose,
3.Misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of QuatrroDirect or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service,
4.Engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information,
5.Engage in any activities that violate the personal privacy or publicity rights of others;
6.Access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
7.Send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or
8.Interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.
If you have purchased Personal Subscription Services, the subscription applies to all peripheral devices (e.g. printers, cameras, home networks) that are attached to your personal computer at the time that you purchase the Subscription Services. Activation or troubleshooting of other peripheral devices (e.g. devices that are acquired after the date of your Subscription Services purchase) may require an additional fee.
If you have purchased Family or Home Office Subscription Services, you may obtain Services for the permitted number of personal computers, provided that all of those computers are located at a single physical address or, under the Family Plan only, are with a student at a school, college or university in the United States or Canada. Personal computers located at any other physical address cannot be added to the Family or Home Office Subscription.
If you have purchased Business Subscription Services, you may obtain Services for the permitted number of computers belonging to your business. Each of your computers covered by your Business Subscription will receive a unique identifier. You may not obtain services for your business computers unless the identifier matches a record in our system. If you wish to remove one business computer/device from your Business Subscription and substitute another business computer/device, please contact us. It’s at the sole discretion of QuatrroDirect to accommodate such a request.
MODIFICATIONS TO THE SERVICES
We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.
All comments, feedback, information (other than your personally identifiable information (PII) or billing information) or materials submitted to QuatrroDirect (“Submissions”) shall be considered non-confidential and QuatrroDirect ‘s property. By providing such Submissions to QuatrroDirect, you agree to assign to QuatrroDirect, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. QuatrroDirect shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by you, you acknowledge and agree that QuatrroDirect may retain some of your personally identifiable information (PII) or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You hereby represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
• restrict or inhibit anyone from using and enjoying the Site or the Site’s services;
• are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
• constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
• violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
• contain a virus, spyware, or other harmful component;
• contain embedded links, advertising, chain letters or pyramid schemes of any kind;
• constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
• contain sensitive, proprietary or confidential information about yourself or others.
Except as may be expressly permitted in connection with one of the Site’s services, you also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone shall be responsible for the content and consequences of any and all of your activities and you submit Submissions absolutely at your own risk.
By submitting or sending Submissions to us, you hereby : (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submissions are original to you, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that you provide to us, nor are we responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.
QuatrroDirect respects the proprietary rights of software and hardware manufacturers and will not install or support materials which are unlicensed to the best of its knowledge. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. QuatrroDirect is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If you make use of the Services, Software or Content, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
Currently, the Services are only available for residents of the United States and Canada. QuatrroDirect may, from time to time, offer promotions to residents of other countries. You hereby agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You hereby represent and warrant that you are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of QuatrroDirect’s reasonable control (e.g., acts of God, an outbreak of computer viruses, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in QuatrroDirect ‘s ability to schedule a support session. You hereby release QuatrroDirect from any and all liability, and agree that QuatrroDirect shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. QuatrroDirect or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
QuatrroDirect is not obligated to perform any the following:
1.any item or activity not covered by the terms of a Plan Order;
2.service beyond the duration limitations identified in your Plan Order;
3.problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
4.Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5.Problems that may and do result inter alia from:
5.1 External causes such as accident, abuse, misuse, or problems with electrical power;
5.2 Usage that is not in accordance with product instructions provided by manufacture;
5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance; 5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
5.5 Non-Compliance with the QuatrroDirect engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE QUATRRODIRECT PORTAL, OR THROUGH A SERVICE
For your convenience, QuatrroDirect may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any QuatrroDirect Web site may be copied or retransmitted unless expressly permitted in writing by QuatrroDirect. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERAL
In connection with our Service, we may provide to you certain software which is owned by QuatrroDirect or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from QuatrroDirect or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR QUATRRODIRECT SOFTWARE
With regard to any Software made available to you by QuatrroDirect through the QuatrroDirect Portal for which your acceptance of a separate license agreement is not required (“QuatrroDirect Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by QuatrroDirect to use the QuatrroDirect Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the QuatrroDirect Software. You agree that the QuatrroDirect Software is the confidential and proprietary information of QuatrroDirect or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the QuatrroDirect Software, or otherwise reduce the QuatrroDirect Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the QuatrroDirect Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the QuatrroDirect Software. You acknowledge that this license is not a sale of intellectual property and that QuatrroDirect or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the QuatrroDirect Software and related documentation, as well as any corrections, updates and upgrades. The QuatrroDirect Software may be used in the United States and Canada only, and any export of the QuatrroDirect Software is strictly prohibited.
Your license to the QuatrroDirect Software shall remain in full force and effect unless and until terminated by QuatrroDirect, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms. Upon termination of your Service Plan for any reason, you must cease all use of the QuatrroDirect Software and immediately delete the QuatrroDirect Software from your computer.
THIRD PARTY SOFTWARE
As part of the Services, QuatrroDirect may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensors of the Third Party Software. You are required to and must agree to the terms and conditions set forth by such owners or licensors before installing Third Party Software, whether or not QuatrroDirect directly assists you in the acquisition, installation, and/or use of Third Party Software. QuatrroDirect has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY SERVICES
As part of the Services, QuatrroDirect may suggest certain third party services to you (“Third Party Services”). If you choose to subscribe to or otherwise use any Third Party Services, your use of any such services is subject to the terms of service of such third party service provider. You hereby agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third Party Services include, but are not limited to technical support, portal, training, music, gaming and storage services that QuatrroDirect may elect to make available from time to time. Violation of such third party provider’s terms of service may, in QuatrroDirect ‘s sole discretion, result in the termination of your customer account and use of service.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD QUATRRODIRECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS AT ALL TIMES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL QUATRRODIRECT, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR DEVICE AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF QUATRRODIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF QUATRRODIRECT, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00. IN CASE THE AMOUNT PAID FOR THE SERVICES AT ISSUE IS LESS THAN US$100.00, THEN QUATRRODIRECT’S LIABILITY SHALL BE LIMITED TO THE AMOUNT WHICHEVER IS LOWER. YOU HEREBY AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR QUATRRODIRECT ‘S SALE OF SOFTWARE OR SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
TERM AND TERMINATION
QuatrroDirect in its sole election may terminate or suspend your Service immediately without notice if:
1.you are in breach of any of these Terms (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
2.your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, QuatrroDirect ‘s network, or the use and enjoyment of QuatrroDirect ‘s other users;
3.QuatrroDirect receives an order from any regulatory/legal authority or court to terminate the Service you are using;
4.if QuatrroDirect for any reason ceases to offer the Service;
5.if you are no longer a QuatrroDirect customer, or
6.QuatrroDirect determines that you are abusing the Service.
QuatrroDirect, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. QuatrroDirect ‘s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The QuatrroDirect Portal is available internationally and may contain references to QuatrroDirect products, services, and programs that are not available in a viewer’s country. These references do not imply that QuatrroDirect intends to make such products, services, or programs available in such country.
QuatrroDirect reserves the right to amend the Terms, and the QuatrroDirect Portal at any time by (a) posting a revised version of the Terms on the QuatrroDirect Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to QuatrroDirect in connection with registration. You are responsible for regularly reviewing the QuatrroDirect website to be notified of any amendments to the Terms. Your use of the QuatrroDirect Portal or the Services after an amendment to the Terms shall be deemed acceptance by you of the amended Terms.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of New York without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. You further agree to the jurisdiction of the federal and state courts situated in the state of Pinellas County Florida.
You and QuatrroDirect will attempt to resolve any Dispute through negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event we are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, such Dispute shall be shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in New York and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof.
This version of the Terms is effective as of July 2016. The Agreement governs your use of the Services, superseding any prior or contemporaneous agreements between you and QuatrroDirect. The failure of QuatrroDirect to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign the Agreement or any of your rights or obligations under the Agreement without QuatrroDirect’s express written consent. The Agreement inures to the benefit of QuatrroDirect’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Monthly Subscription Agreement
Terms and Conditions
The following are the terms and conditions for QuatrroDirect Rewards® (the “Site/Program”). By using the Site, and/or enrolling in the Program, and/or enrolling in a Program Preview, as defined herein, you agree to be bound by all of the terms in these Terms and Conditions (the “Agreement”). The Program reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read this carefully and if you have any questions, or if this Agreement does not conform to your understanding of the Program, please contact Member Services at 1-844-902-1100
Access. The Program hereby grants you a revocable, non-exclusive, non-transferable, limited right to access, use and display the Site/Program for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions.
Membership Benefits Generally. As a member of QuatrroDirect Rewards®, you have access to benefits, savings, discounts, incentives, rewards, bonuses, and other benefits on certain services offered by participating vendors as explained in your membership materials, including the Site/Program, and this Agreement. None of your benefits are insurance. We reserve the right to modify, enhance, cancel, terminate or otherwise change particular membership benefits or benefit providers from time to time in our sole discretion.
Online Program & Action Required. QuatrroDirect Rewards® is an online tech support service program, with benefits and services that are accessible online at the www.QuatrroDirectrewards.com website. Action on your part is required to access your QuatrroDirect Rewards® benefits, which include, for example, software titles which you may download, data back-up, which you must set up to use, and tech support, which you must call to access.
Membership Term, Renewal, Billing. Unless you cancel, your membership will continue automatically on a monthly or annual basis, with the applicable periodic member fees automatically billed to the account identified and authorized by you at the time of your enrollment, and that these periodic member fees accrue and are due regardless of whether QuatrroDirect Rewards® is able to successfully bill you the full amount owed. You authorize QuatrroDirect Rewards® to conduct this renewal billing and you further authorize QuatrroDirect Rewards® to bill an amount less than your renewal member fee if QuatrroDirect Rewards® is unable to bill the full renewal member fee amount. If your renewal billing is not successful, you authorize QuatrroDirect Rewards® to re-attempt the billing, and understand that future renewal billings will resume on the appropriate anniversary when first enrolled. Some members are enrolled into a preview of QuatrroDirect Rewards® (“Program Preview”) for a fee. Upon the expiration of the Program Preview, Program Preview members who have not called to cancel will become QuatrroDirect Rewards® members, with rights, privileges, benefits, and payment obligations, as detailed above. Your QuatrroDirect Rewards® membership charges will appear on your credit card or debit card statement as “QuatrroDirect8772656892”.
Tech Support Benefit. Remote over-the-phone Tech Support is available to QuatrroDirect Rewards® members 24/7/365. If you are an active QuatrroDirect Rewards® member, and would like to contact Tech Support, you will need two things before you call. First, you will need a remote Tech Support Ticket Number. Second, you will need the Tech Support telephone number to call. To obtain those items: (1) First you’ll need to login to your QuatrroDirect Rewards® account. (2) Once you are logged in, you will click on the “Access Your On Call Tech Support” link in the top section. (3) Then you will click on the “Get Your Support Ticket Number” button. This will open a transaction page for you to pay a remote Tech Support Ticket Number refundable payment*. The refundable payment* required for a remote Tech Support Ticket Number is $25.00. This $25.00 refundable payment* is 100% refundable to you through a simple rebate process on the QuatrroDirect Rewards® website. (4) Once you have completed your refundable payment* transaction, QuatrroDirect Rewards® will issue you a remote Tech Support Ticket Number, and a telephone number for you to contact remote Tech Support. (5) Then you can contact remote Tech Support at your convenience, over the telephone, 24/7/365. You’ll have up to thirty (30) days to use that remote Tech Support Ticket Number”. As a member, your $25.00 refundable payment* is fully rebated back to you through an easy online process. After you have paid the $25.00 refundable payment*, a link will appear in the “On Call Tech Support” section of the logged in member homepage that reads “Redeem My Support Ticket Rebate”. Click on this link and you will be able to download a rebate form that you can sign and send in to QuatrroDirect Rewards® at the address indicated. When QuatrroDirect Rewards® receives this rebate form, your rebate will be applied, and the $25.00 refundable payment* will be will be refunded to your credit/debit card. *Refundable in full after mail-in rebate.
On-Site/In-Home Tech Support Terms. On-Site/In-Home Tech Support service shall be provided by QuatrroDirect Rewards®, or by our designated agent (which may be subcontracted third parties). On-Site/In-Home Tech Support service shall be billed on a case by case basis after written approval is received. Payments are secured via debit or credit card information provided by customer during either order submission or during the On-Site/In-Home Tech Support service visit. The customer agrees to not dispute charges with their debit or credit card company for services rendered. Uncollected balances over ninety (90) days will be considered in default and subject to court costs, collection agency fees, and/or legal fees incurred in collection. You hereby authorize the entity collecting payment for the On-Site/In-Home Tech Support service to charge and/or place a hold on your debit or credit card information you provide with respect to any unpaid charges for On-Site/In-Home Tech Support service, and/or any products associated therewith. You authorize the issuer of the debit or credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the debit or credit card to pay any amounts described herein without requiring a signed receipt. You authorize the On-Site/In-Home Tech Support service to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your debit or credit card until such amounts are paid in full. You acknowledge and agree that the entity collecting payment for the On-Site/In-Home Tech Support service will not have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your debit or credit card. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
Cancellation & Refund Policy. At QuatrroDirect Rewards®, customer satisfaction is our top priority. That’s why we make sure that the program’s cancellation and refund policy is clear, compliant, and most importantly fair. Cancellations: As a member of QuatrroDirect Rewards®, you can cancel your membership at any time by calling Member Services. Member Services can be reached by phone at 1-877-265-6892. Their hours of operations are Monday – Friday 9AM-6PM EST. You can also cancel your account online by logging in to your QuatrroDirect Rewards® member account and clicking on the “My Account” link. Please note: You may not cancel your membership by simply sending an email, or submitting an online customer support inquiry. Refunds: (1) QuatrroDirect Rewards® utilizes a double verification process for each member enrolled in QuatrroDirect Rewards®. (2) QuatrroDirect Rewards® records all member enrollment calls to insure the highest level of quality and compliance. (3) With respect to the monthly membership fee, refunds are available only following (i) a customer to call to cancel, and (ii) a customer request for a refund, and (iii) a demonstrable system error or lack of accessible benefits on the part of QuatrroDirect Rewards®. Because QuatrroDirect Rewards® is an ongoing benefits program during which the customer has unlimited access and eligibility to all of the program benefits at all times, which represent real value to the customer and real expense to QuatrroDirect Rewards®, standard refunds are capped at the equivalent of one (1) month’s membership fee (as a courtesy refund for the active/paid month the customer is in at the time of cancel). QuatrroDirect Rewards® also offers a refund request appeals process, whereby a recording of the customer’s enrollment call is shared with the customer, and whereby a customer may escalate a refund request to a Member Services Manager for additional review, the result of which shall be determined on a case by case basis.
Use of Membership. Your membership is non-transferable. You agree that only you, your spouse and children living in your household will have access to the membership benefits. Benefits are not for re-sale. You will promptly notify us if you become aware of any unauthorized use of your membership. Your membership includes access to software. You understand that the Site/Program is not the creator/administrator of the software you may download, and you do so at your own risk.
Charge Backs. Charge backs are serious actions, and we take them seriously. It is our goal to ensure that your experience with the QuatrroDirect Rewards® is successful and satisfying. If that is not the case, (1) you have access to a variety of resources (terms, instructions, how to guides, welcome letter, frequently asked questions, etc.) to assist you 24 hours a day, 7 days a week. (2) You also have ongoing access to Member Services. You can contact Member Services at 1-877-265-6892. Their hours of operation are Monday – Friday 9AM-6PM EST. (3) You also have access to online Member Services 24 hours a day, 7 days a week. You can cancel your QuatrroDirect Rewards® membership at any time, either by calling in to Member Services, or by cancelling your account online by logging in to your QuatrroDirect Rewards® member account and clicking on the “My Account” link. The way to cancel your account is by contacting QuatrroDirect Rewards®, not by contacting your financial institution. QuatrroDirect Rewards® will always work with you to respectfully, professionally, and timely address your concerns. Further (4) QuatrroDirect Rewards® maintains recordings of all sales calls and verification calls between you and QuatrroDirect Rewards® and records all software and benefits downloaded/utilized. You acknowledge that your agreement to join QuatrroDirect Rewards® was confirmed by your acceptance, which is recorded, and by a verification agent, which was recorded. As such, you agree that, should you have any complaint, concern, issue, malfunction, question, or problem regarding your QuatrroDirect Rewards® membership, that you will first contact QuatrroDirect Rewards® to resolve the issue. You also agree that submitting an unfounded charge back or an erroneous or inaccurate complaint regarding QuatrroDirect Rewards® to a commercial entity, a regulatory entity, financial institution, or a governmental entity may cause irreparable and/or permanent harm to QuatrroDirect Rewards®. You agree and acknowledge that submitting a complaint regarding QuatrroDirect Rewards® to a commercial entity, a regulatory entity, a financial institution, or a governmental entity which (a) is false, (b) is misleading, or (c) was made without giving QuatrroDirect Rewards® an opportunity to address any issue (1) does cause harm to QuatrroDirect Rewards®, (2) that the harm caused may be incurable, and (3) that the harm caused may entitle QuatrroDirect Rewards® to seek recourse. You understand and acknowledge that QuatrroDirect Rewards® will defend itself and assert its damages to the maximum extent permissible by the law.
No Warranty/Limitation of Liability. You agree that the Site/Program, its subsidiaries and affiliates, and each of its officers, directors and employees, along with the provider/host/administrator of the Site/Program (“The Program Parties”) are not responsible or liable for any benefits, goods or services provided by participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. We assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the case may be. This Site/Program is provided on an “as is” and “as available” basis with no warranties whatsoever. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE/PROGRAM OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM THE PROGRAM OR FROM OUR PARTICIPATING VENDORS. THE PROGRAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, PRODUCTS, SERVICES AND MATERIALS FROM THIS SITE/PROGRAM OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE/PROGRAM OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY’S LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE, AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER PARTY BE LIABLE TO THE OTHER OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF THE PROGRAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROGRAM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE/PROGRAM. THE PROGRAM DOES NOT WARRANT THAT THE SITE/PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE/PROGRAM WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE/PROGRAM, AND ANY PRODUCTS YOU MAY GET FROM THE SITE/PROGRAM, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE/PROGRAM. YOU UNDERSTAND THAT THE PROGRAM AND THE SITE/PROGRAM ARE NOT THE PRODUCERS, FORMULATORS, BOTTLERS, LABELERS, OR FULFILLERS OF ANY PRODUCT YOU MAY ORDER THROUGH THE SITE/PROGRAM AND, AS SUCH, HAVE NO LIABILITY TO YOU WITH REGARD TO SAID PRODUCTS, OTHER THAN TO INSURE THAT THEY ARE DELIVERED TO YOU PURSUANT TO YOUR ORDER AND VALID PAYMENT.
Emails. By becoming a member, you have agreed to receive written and digital communication from QuatrroDirect Rewards® as part of your membership.
Indemnification. Subject to the limitation of liability mentioned above, You agree to indemnify, hold harmless and, at our option, defend the Site/Program from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your illegal use of this Site/Program, your use of any products associated with the Site/Program, your violation of this Agreement, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein). Notwithstanding anything to the contrary, Site shall not be responsible in any manner directly or indirectly for any network failure, connectivity failure, website maintenance and downtime or data provided by any third party or the acts of sub-contractors or agents.
Links. The Site/Program may contain links to other web sites. The Site/Program does not control such other websites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such websites. The Site/Program shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including the products, services and materials therein, is solely at your own risk.
Intellectual Property. You hereby agree and acknowledge that the Site/Program owns all right, title and interest in and to this Site/Program, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site/Program belong to the Site/Program, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site/Program without the express written consent of the Site/Program or the owner of the mark, as appropriate, is prohibited.
QuatrroDirect Rewards® uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. Once we receive your transmission of information, QuatrroDirect Rewards® makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Protecting the privacy of young children is especially important. For that reason, QuatrroDirect Rewards® does not knowingly collect or maintain information from persons under eighteen (18) years of age, and no part of the Site/Program is structured to attract anyone under eighteen (18). If you are under eighteen (18) years of age, then please do not use or access the Site/Program at any time or in any manner. If QuatrroDirect Rewards® learns that personally identifiable information of persons under eighteen (18) years of age has been collected on the Site/Program without verified parental consent, then QuatrroDirect Rewards® will take the appropriate steps to delete this information.
Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
Modifications/Termination. The Site/Program reserves the right at any time to modify, suspend or permanently discontinue the Site/Program, your membership or any portion thereof, with or without notice. You hereby agree that the Site/Program shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site/Program or your membership.
Governing Law & Arbitration. All legal issues arising from or related to the use of your membership and this Site/Program shall be construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to this Agreement or your use of the Site/Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in New York and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of your membership and this Site/Program and the terms of this Agreement shall be governed exclusively by the laws of the State of New York and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site/Program and thereby agreeing to the Agreement, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of New York.
Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
Entire Agreement. This Agreement, together with our prior agreement when you enrolled as a member in QuatrroDirect Rewards®, constitutes the entire agreement between you and us relating to the subject matter herein.
Feedback. If you have comments on the Site/Program or ideas on how to improve it, please contact Member Services by using the online support form found on the QuatrroDirect Rewards®@QuatrroDirectrewards.com. Please note that by doing so, you also grant The Program permission to use and incorporate your ideas or comments into the Site/Program without compensation.
Member Services. If you have any questions or concerns about your membership and the Site/Program, you can contact Member Services at 1-877-265-6892. Their hours of operation are Monday – Friday 9AM-6PM EST. You may also contact Member Services by using the online support form found on the QuatrroDirect Rewards® website www.QuatrroDirectrewards.com.