Qolture, Inc., a corporation formed and operating in the state of Nevada, maintains this Website for information and communication purposes. This Website contains the Terms and Conditions governing Users, access to and use of our Website, and terms of sale for purchases of our Products.
BY USING THIS SITE OR PURCHASING A PRODUCT VIA THE SITE OR THROUGH ANOTHER METHOD OF COMMUNICATION WITH US, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS, INCLUDING ANY MANDATORY ARBITRATION PROVISIONS HEREOF. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THIS SITE OR PURCHASE OUR PRODUCTS.
References to “Dispute” mean any claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.
References to the “Product” mean any and all products sold by us via the Website.
References to the “Site” or “Website” mean the Web site bearing the URL www.qolture.com and its Interactive Areas (as defined herein) as well as any other Sites owned and/or operated by us under the Qolture brand, including but not limited to its social media accounts.
References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions as set forth herein.
References to “us,” “we,” “our,” and/or “Qolture,” mean Qolture, Inc.
References to “you,” “your” and/or “User” mean the User of the Site and/or purchaser of a Product.
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS.
For users who have not registered with this Website, by using the Website you are agreeing to be bound by the following Terms and Conditions. For users who have registered with the Website, your use of the Website shall be governed by certain designated terms have in addition to those terms applicable to all users. By using the Website you represent that (i) you are at least eighteen (18) years old (or have the consent of your parent or guardian,) (ii) have read and understand the Terms and Conditions, (iii) that you agree to be bound by these Terms and Conditions as set forth below, (iv) you can form a binding contract with us, (v) you are not a person who is barred from participating in any commercial transactions under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and (vi) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
IF THESE TERMS AND CONDITIONS ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE ACKNOWLEDGEMENT, WITHOUT ACCEPTANCE, YOU ARE IN AGREEMENT WITH SAID TERMS.
2. Changes To Terms
3. Accuracy, Completeness, and Timeliness of Information Provided via the Site.
We are not responsible if information made available on the Site is not accurate, complete, or current. You acknowledge that the Site, including but not limited to User feedback, and the Products are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Site and/or the Products is at your own risk.
4. Errors in Web Site or Products.
We do not warrant that any errors in the Site or the Products will be corrected.
5. Modifications and Changes to the Web Site, Product Offered.
We may modify, add to, suspend, or delete any aspect of this Site or any Products offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
6. Access to Site.
Though we try to make the Site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Site will be available at all times. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site.
7. Intellectual Property Rights Not Waived.
This is an agreement for access to and use of the Site and Products, and you are not granted a license to any software or intellectual property by these Terms and Conditions. The Site and Products are protected by U.S. and, where applicable, international intellectual property laws. The Site and Products belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Site and Products.
Furthermore, all material displayed or transmitted on this Site and via the Products, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, ('Materials,') are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Site or via the Products, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Site or via a Product purchase for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Site without our express written permission. All requests for archiving, republication, or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to [email protected]
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Site in accordance with these Terms and Conditions. Any of the Materials accessed or downloaded from this Site must be accessed or downloaded in accordance with the Terms and Conditions specified in this agreement. We reserve any rights not expressly granted under these Terms and Conditions.
Qolture respects the intellectual property rights of others and expects our users to do the same. The policy of Qolture is to terminate the accounts of repeat copyright offenders and other Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
8. User E-Mail.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Qolture is strictly prohibited.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, 'Feedback.') Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third-party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Qolture or its initiatives, (your 'Ideas.') With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority, or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback, provided to us by third-parties, or independently-developed or considered by us, shall be without obligation to you.
10. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third-parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
11. Use of Third-Party Links.
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Qolture does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or Terms and Conditions policies of any other company or website you may link to from our Website. These Terms and Conditions policy applies only to Qolture's Website and the products and services Qolture offers. If you decide to access any of the third-party sites linked to this Website, you do so at your own risk. Qolture reserves the right to terminate any link or linking program at any time. Qolture disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this Website without Qolture's prior written permission. If you are interested in linking to this Website, please contact [email protected]
12. Use of Third-Party Tools.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
13. No Unlawful Or Prohibited Use.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Website: (a) for any unlawful purpose; (b) to solicit other users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Website (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate any person or entity; (l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website; (m) 'frame' or 'mirror' any part of the Website, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other Website for any purpose; (n) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website; (o) rent, lease, lend, sell, redistribute, license or sublicense the Website or access to any portion of the Website; or (p) to interfere with or circumvent the security features of the Website. We reserve the right to terminate your use of the Website for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
14. Disclaimer of Warranty.
UNLESS OTHERWISE STATED, THE WEBSITE, THE MATERIALS, AND THE PRODUCTS, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NONINFRINGEMENT, ALL OF WHICH QOLTURE EXPRESSLY DISCLAIMS. QOLTURE DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE MATERIALS OR HOW CURRENT THEY ARE, AND QOLTURE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. QOLTURE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY QOLTURE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Limitation of Liability.
(A) IN NO EVENT SHALL WE OR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR PRODUCTS.
(B) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE SITE AND/OR PRODUCTS YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE SITE OR PURCHASE THE PRODUCTS.
(C) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE OF DIRECT DAMAGES NOT OTHERWISE DISCLAIMED SHALL BE LIMITED TO THE PURCHASE PRICE OF THE APPLICABLE PRODUCT GIVING RISE TO LIABILITY.
(D) ANY ACTION BY EITHER PARTY FOR BREACH OF THIS AGREEMENT OR OTHERWISE RELATED TO THE PURCHASE OR USE OF A PRODUCT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE EVENT(S) GIVING RISE TO THE CAUSE OF ACTION; BOTH PARTIES HEREBY WAIVE THE RIGHT TO INVOKE ANY DIFFERENT LIMITATION ON THE BRINGING OF ACTIONS PROVIDED UNDER STATE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SITE AND/OR PRODUCTS; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT; (C) YOUR USE OF THIRD-PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENTS, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND/OR (E) THE UNAUTHORIZED USE OF THE SITE OR PRODUCTS BY ANY OTHER PERSON USING YOUR INFORMATION.
17. Governing Law.
These Terms and Conditions shall be governed and construed in accordance with the laws of Nevada without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Clark County, Nevada, and any cause of action that relates to or arises from these Terms and Conditions, the Products and/or the Website must be filed therein unless subject to the binding arbitration provisions of Section 18.
Except any action seeking equitable relief, including without limitation for the purpose of protecting any Qolture confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms and Conditions or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated into any arbitration with any claim or controversy of any other party. The arbitration shall be held in Clark County, Nevada, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed to outside third parties by the arbitrator without the prior written authorization of all parties. Each party shall pay its own attorney fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator shall be binding and final and may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
Nothing herein prevents either party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
19. Separate Agreements.
You may have other agreements with Qolture. Those agreements are separate and in addition to these Terms and Conditions. These Terms and Conditions do not modify, revise or amend the terms of any other agreements you may have with Qolture.
20. Affiliate Disclosure.
We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site, our mailing list, and/or the Products. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms and Conditions shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
23. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and Conditions and our rights and obligations hereunder to any third-party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms and Conditions without our prior written consent in our sole and exclusive discretion.
25. Rights of Third Parties.
These Terms do not give any right to any third-party unless explicitly stated herein.
26. Relationship of the Parties.
The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
28. Additional Services, Contests.
We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such contest, program, product, or service.
29. DMCA Copyright Policy and Copyright Agent.
Qolture respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Site's Copyright Agent can be reached at: Qolture, Inc. 5348 Vegas Drive #1369 Las Vegas, NV 89108, 1-855-476-5887, [email protected]
Except as explicitly stated otherwise, any notices shall be given by postal mail to Qolture, Inc. 5348 Vegas Drive #1369 Las Vegas, NV 89108, 1-855-476-5887, [email protected], and, in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.
The Website is intended to be used by those individuals and entities located within the United States. It is not intended to be used by any person or entity in any jurisdiction where, (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to either access or use any of the information on this Website. Qolture makes no representation that the information, opinions, advice or other content on the Website, is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from jurisdiction outside of the United States do so at their own risk and are responsible for compliance with all applicable local laws.
From time to time, we may update these Terms and Conditions by prominently posting a notice of update to the Site, so we encourage you to review them often.
33. Online Accounts.
34. Transfer Prohibited.
You agree you shall not sell, trade or transfer that Account to any other person or entity.
35. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
36. Account Guidelines.
The Site may contain the ability for Users to interact with each other via comment and discussion areas or through the submission of reviews ("Interactive Area.') By participating in an Interactive Area, all Users agree and acknowledge that they:
Shall not upload, distribute or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam'; and Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and Shall not personally attack another User. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and Shall not use the Interactive Area to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Site; and Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and Shall not post unauthorized commercial communications (such as spam); and Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Area or posting private information about a third-party; and Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and Shall not interfere with or disrupt the Site and/or the Interactive Area or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or the Interactive Area; and Shall not facilitate or encourage any violations of these Terms and Conditions or our policies.
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
37. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, ( 'Submissions,') you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You further agree and acknowledge that you own, are solely responsible for or otherwise control all of the rights to any Submission that you post; that the content of the Submission is accurate; that use of the Submission you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Qolture or its affiliates for all claims resulting from any Submission you supply.
38. Blog Comments.
The blog on the Website is not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the comments that are posted. While not moderating the blog, the Site reviewer will periodically perform an administrative review for the purpose of deleting comments that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem to Qolture to be otherwise inappropriate. Qolture has full discretion to delete comments. Qolture reserves the right, (but is not obligated), to do any or all of the following: (a) Record the dialogue in the blog. (b) Make investigation into any allegations that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). (c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. (d) Terminate a Member's access to any or all Public Areas and/or the Qolture Site upon any breach of these Terms and Conditions. (e) Monitor, edit, or disclose any communication in the Public Areas. (f) Edit or delete any communication(s) posted on the Qolture Site, regardless of whether such communication(s) violate these standards. Qolture reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Qolture has no liability or responsibility to users of the Qolture Website or any other person or entity with respect to the performance or nonperformance of the aforementioned activities.
39. Right to Monitor.
We shall have the right to monitor your Account and any Submissions in our sole and exclusive discretion.
40. Sales Price.
The sale price for our Products is as set forth on the checkout page and at the point of sale. Taxes and shipping costs shall be included at the point of sale. Sales prices are subject to change at any time in our sole and exclusive discretion.
41. Payment Method.
Payment shall be made electronically via the User's selected payment method via our payment processors, which accept a variety of payment methods, including check, wire transfer, ACH and e-check transfers, and major debit/credit card.
42. Refunds, Exchanges.
If you are not satisfied with your purchase, you may request a refund via the Return Policy procedures set forth on our Website.
43. Right of Refusal, Limitation, Change and Discontinuation.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to discontinue or otherwise limit the sale and/or provision of any and all Products provided by us for any reason at any time in our sole and exclusive discretion. Any offer for the sale of any and all Products provided by us is void where prohibited.
Shipping times may vary based on your location and shipping method selected at the time of shipment. In no event do we promise or represent to you that a shipment will be delivered by a certain date. Any and all shipping dates that are provided to you are estimates only, and we shall have no liability to you for failure to complete delivery of an order by the date indicated or for any of your incidental, indirect or consequential damages arising from a delay. We ship Products F.O.B. Origin, with packaging and carriers as designated by us. This means that title to the Product passes to you upon delivery of the Product to the carrier for shipment, with carrier acting as your agent. You assume the risk of loss for any Product in transit and shall be responsible for obtaining insurance, if desired or required.
45. Shipping Rates.
Shipping rates are based on the actual carrier rate and may vary depending on the Product purchased and the delivery destination.