Terms of Use
Terms of Use of Quest Safety Products, Inc.
Effective Date: June 10, 2018
OVERVIEW
This Terms of Use is between You and Quest Safety Products, Inc., 1414 S. West Street, Suite 200, Indianapolis, IN, 46225, +1-800-878-4872, safetycsr@questsafety.com (“referred to as “Quest,” “we,” “us,” or “our”). By accessing the websites located at www.shopquestsafety.com, www.questsafety.com, www.questsafetyppe.com and http://www.quantumwearsuit.com, the Quest blogs, or any website, blog or other digital content hosted or managed by Quest (collectively, the “Site”), or by ordering, accessing, or using any Quest products, information, or services via the Site (the “Services”), You are entering into a legally binding contract with Quest to be bound by these Terms of Use and by our Privacy Policy, which is incorporated into the Terms of Use by reference. (Collectively, the Terms of Use, the Privacy Policy, and our Terms and Conditions, which also is incorporated into the Terms of Use by reference, shall be referred to as the “Terms”). If You do not consent to be bound by these Terms and all applicable laws and regulations, You are not authorized to use this Site or the Services, and must cease any such use. By agreeing to these Terms, You represent that You are at least eighteen (18) years of age. These Terms apply to all users of the Site and Services, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. A breach or violation of any of the Terms may result in an immediate termination of your Services, in our sole discretion and without prior notice to You.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. While we will endeavor to notify You through this Site of material changes to the Terms, it is Your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Terms constitutes Your acceptance of those changes.
SECTION 1 – USE OF THE SITE AND SERVICES
The material on this Site is provided for general information only and You should not rely upon or use such material as the sole basis for making decisions. It is Your responsibility to consult any primary sources of information, including any that are more accurate, more complete or more timely. Any reliance on the material on this Site is at Your own risk.
This Site may contain examples of our provision of Services which we may create at our discretion relating to Services offered on the Site. These examples are offered only for illustrative and representative purposes. We make no warranties or representations about, and do not guarantee, any specific results, advantages, or other outcomes, or the accuracy or completeness, of such examples.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. It is Your responsibility to monitor changes to our Site and the accuracy of any information You obtain through or on our Site.
We reserve the right to add, without notice, new features or tools on this Site and new Services, and such new features, tools, or Services, unless otherwise exempted in writing, shall also be subject to the Terms. We also reserve the right to cease offering any Services or other feature or tool on the Site, in whole or in part, indefinitely or temporarily, without further notice to You.
We may communicate with You by postal mail, email or by posting notices on the Site. All agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to satisfy any legal requirement that such communications be in writing.
SECTION 2 – OUR SERVICES
Through the store on our Site, You may order Services from Quest. Such Services may be provided by Quest or a third party partner, in our discretion. By placing an order for Services, You acknowledge that for Services provided by a third party partner, that third party is exclusively responsible for the fulfillment and completion of such Services.
When you place an order with us, You will be required to complete an authorization form and to create a Site account with us. By creating a customer account and placing an order with us, you acknowledge that you must pay us all undisputed amounts accrued in Your account, including sales tax and shipping and handling charges, when due. You acknowledge that You should not enter, and we will not request, Your credit card or other payment account number online at the time You order Services from our Site. You should follow the payment authorization process we have established with your company. You may contact us for further information about this process. Your ability to order or purchase Services is subject to limits established by us and/or Your credit card issuer. Invoices are generally processed after Services have been shipped or otherwise provided to You, but we reserve the right to process an invoice for payment at any time after Services have been ordered. We may, in our sole discretion, decline to provide Services to You or terminate Your Site account without notice. Certain Services may be available exclusively online through the Site. These Services may have limited quantities. All Services and are subject to return or exchange only according to our Return Policy, which is available on our Terms and Conditions Page.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that Your computer monitor’s or device’s display of any color or image will be accurate.
We reserve the right, in our sole discretion and without prior notice, to limit the order quantity on any Services and/or to limit, cancel, or refuse Services to any customer, region, or jurisdiction. All descriptions and pricing of Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offer for any Services made on this Site is void where prohibited. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Services.
In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the email and/or billing address/phone number provided at the time the order was made.
We do not warrant that the quality of Services will meet Your expectations, or that any errors in the Services will be corrected.
SECTION 3 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You must provide current, complete and accurate purchase and account information for all purchases made on our Site. You will promptly update your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
For more detail on Your rights and obligations relating to cancellation or modification of Services, please review our Terms and Conditions document.
SECTION 4 – THIRD PARTY INFORMATION
We may provide You with access to third party information, educational materials, applications, links, and websites (collectively, “third-party information”), which we neither monitor nor over which we have any control or input. By providing this third-party information to you, we do not take on any responsibility to examine or evaluate the content or accuracy of the third-party information.
You acknowledge 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 this third-party information.
Any use by You of third-party information is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which such third-party information is provided by the relevant third party provider(s) before You engage in any transaction. We are not liable for any harm or damages You may incur related to the use of third-party information, or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party information. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
We may also, in the future, offer new Services and/or features through the Site (which may include the release of new third-party information), which shall also be subject to these Terms.
SECTION 5 – INTELLECTUAL PROPERTY
The contents of this Site are protected under the laws of the United States. Unless otherwise noted on this Site or if You obtain our prior, written approval, nothing on the Site may be copied, modified, or used except as provided in these Terms. You may download material from the Site for Your personal, noncommercial use, provided You maintain any copyright and proprietary notices on the materials. Public or commercial use of any materials on the Site without our written permission is prohibited, including but not limited to, any distribution, reproduction, use, or transmission of such materials. Your access to the Site does not grant You any ownership or other rights in any intellectual property or proprietary information on this Site, other than the limited use granted in these Terms. We make no warranties or representations to You that Your use of any materials displayed on the Site will not infringe the rights of third parties.
Unless otherwise stated, all logos, trademarks and service marks (collectively, “marks”) on the Site are protected by the state and/or federal laws of the United States. The use of any of these marks is strictly prohibited.
SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We may offer You the opportunity to send certain specific submissions to us. You may also, with or without a request from us, send us Your creative ideas, suggestions, proposals, plans, or other materials. These submissions, ideas, and other materials (collectively, “Comments”) may be sent through the Site, by email, by postal mail, or otherwise. You are not required to provide any Comments to us; if you choose to do so, your participation is strictly voluntary.
By providing Comments to us, you grant, and represent and warrant that You have the right to grant to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, sublicensable license to use, reproduce, publicly display and distribute such Comments, and to prepare derivative works of or incorporate your Comments into other works of authorship. By providing Comments to us, you also grant us the right to use Your name in connection with the broadcast, print, online or other use, and display, or publication of Your Comments, but you understand we have no obligation to do so. You represent and warrant that Your Comments shall not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. Your Comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Services or any related website. You may not use a false email address, pretend to be someone other than Yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments provided by You or any third party.
We may, at any time, without restriction or obligation, remove, edit, translate and otherwise use in any medium any Comments You provide to us, including by removing any material we find in our discretion to be inappropriate or objectionable or removing material at the request of another. We shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; or (4) monitor, edit or remove content from our Site that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
When You send us an email or other digital communication, You consent to receive communications from us electronically. Because email and other electronic communications are not always secure and confidential, we recommend that You not include any personal information, such as financial information, in any electronic communication You send to us. To protect Your information, we will not include Your personal account information in our electronic communications with You.
SECTION 7 – PRODUCT GIVEAWAYS
We may offer You the opportunity to receive free products in periodic product giveaways on or through this Site. Your participation is completely voluntary. By participating, You consent to all special rules and terms set forth on the Site applicable to the product giveaways, and to receive communications from us in relation to such product giveaways.
SECTION 8 – PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Site or relating to our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend or clarify information on the Site or relating to our Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date should be construed as an indication that all information on the Site or relating to the Services has been modified or updated.
SECTION 10 – PROHIBITED USES
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
You are prohibited from using the Site, including its content, or Services: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state 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, disruptive, or harmful codes, components, or devices that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet; (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; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Site or Services or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ALL CONTENT AND SERVICES OFFERED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE LINKED TO THIS SITE. WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVICES WILL BE SECURE, AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL OBTAIN CERTAIN RESULTS FROM OUR SERVICES OR THAT SUCH RESULTS WILL BE ACCURATE OR RELIABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR PARTNERS, OR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, OR INTERNS, HAVE ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR INABILITY TO USE THE SITE, SITE CONTENT, OR ANY SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THIS POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION, THIS SECTION SHALL APPLY IN THOSE JURISDICTIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 12 – INDEMNIFICATION
You shall indemnify, defend and hold harmless Quest and partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, losses, liabilities, expenses (including reasonable attorney’s fees) or demands, based on any third party claim relating to or arising out of Your (1) use of the Site or Services; (2) breach of these Terms; or (3) violation of any law or the rights of a third party relating to Your use of the Site or Services.
SECTION 13 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either You or us. You may terminate these Terms at any time by notifying us that You no longer wish to use our Services, or when You cease using our Site.
If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).
SECTION 15 – GOVERNING LAW
These Terms and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law or rule that would cause the application of the laws of any jurisdiction other than the State of Indiana; provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to the jurisdiction of the courts in the State of Indiana and acknowledge that venue is proper in the state and federal courts located in Marion County, Indiana, United States.
SECTION 16 – DISPUTE RESOLUTION
This section contains important information about Your legal rights. Please review it carefully.
Any disputes arising out of or related to the Site, Services, these Terms, and/or any related policies of Quest (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law; provided, however, that we may elect to have claims of intellectual property infringement resolved by means other than arbitration. Notwithstanding the above, we will be entitled to seek extraordinary relief by requesting immediate injunction(s) in court to avoid irreparable harm.
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute and our rights will be determined by a NEUTRAL ARBITRATOR, INSTEAD OF A JUDGE OR JURY. Notwithstanding the above, we prefer to see an amicable resolution of any Dispute and request that You contact us as provided below to attempt to resolve any concern You may have prior to initiating any arbitration. If we are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with Quest, in accordance with its Commercial Arbitration Rules.
A Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file a claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.
No Class Actions. NEITHER YOU NOR QUEST WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY, and neither of us consents to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
SECTION 17 – ENTIRE AGREEMENT
The failure of Quest to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between You and us and govern Your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms).
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms should be sent to us using the information below.
Quest Safety Products, Inc.
1414 S. West Street, Suite 200
Indianapolis, IN 46225
United States
800-878-4872 or 317-594-4500