DATED: MARCH 1, 2017
Welcome to the Quantum Squares website, located at www.QuantumSquares.com ("Site"), owned and operated by Curated Healthy Energy Foods, Inc.("C.H.E.F., Inc.").
To sign up for the membership services ("Membership") and in order to participate in certain areas of our Properties, you must register for an account by creating a username and password (a "Profile") on our Site. You agree to: (a) create only one Profile; (b) provide accurate, current and complete information when creating your Profile; (c) maintain and promptly update your Profile information; (d) maintain the security of your Profile by not sharing your password with others and restricting access to your Profile and your computer; (e) Keep your Account password secure. (f) take responsibility for all activities that occur under your Profile and accept all risks of unauthorized access; and (g) promptly notify Quantum immediately of any change in your eligibility to use the Membership and if you discover or otherwise suspect any security breaches relating to our Sites. You shall have the ability to notify us or delete your Profile by going directly to your Profile page or by contacting us.
By registering for and/or using the Membership in any manner, including but not limited to visiting or browsing our Properties, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on our Properties by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
We may at our sole and absolute discretion change, add, modify, or delete portions of these Terms at any time without notice and you waive any right you may have to receive specific notice of such changes or modifications. It is your sole responsibility to review these Terms for changes prior to use of our Properties. Any changes or modifications will be effective immediately upon posting the revisions to our Properties.
NUTRITION AND GENERAL WELL-BEING
Certain content presented on our Properties are intended to impart general nutrition, fitness and wellness information. Such information is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Properties, our products or our services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor our Properties recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with tour Properties. You should always consult your own qualified healthcare professional concerning your particular circumstances and needs and not rely on our Properties or content. Using our Properties are solely at your own risk.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Profile on the Your Plan page (your "Billing Account"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. You agree to pay all fees charged to your Billing Account based on Quantum Square’s fees, charges, and billing terms in effect as shown on the payment page when you first register for an account, through the Payment Processor. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Quantum Square energy bars ("Products") based on the address that you provide as the shipping address when you register for an account, and you authorize Quantum or the third party payment processing service provider that we engage to charge for any such taxes and fees. All payments shall be made by your chosen payment provider ("Payment Method") in advance prior to shipping the Products. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you or if your Payment Method cannot be charged for any reason, Quantum reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service and you agree to pay all amounts due on your Billing Account upon demand. All sales and payments will be in US dollars.
Quantum and Quantum's third party payment service provider may receive updated Payment Method information from your credit card or Payment Method issuer. The disbursement of the updated Payment Method information is provided to Quantum and Quantum's third party payment service provider at the election of your credit card and Payment Method issuer. Quantum nor Quantum's third party payment service provider is responsible for the distribution of your credit card or Payment Method information. It is at the sole election of your credit card or Payment Method issuer. Your credit card or Payment Method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or Payment Method issuer with regards to your right to opt out of the update service.
AUTHORIZED CHANGE IN AMOUNT
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
CURRENT INFORMATION REQUIRED
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.G., For loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made by going to your Profile under Your Details page . If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth in the Membership Cancellation below.
Through our Properties, we offer a variety of flavors for sale. We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our merchandise offerings on our Properties, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of our Properties from time to time in our sole and absolute discretion. When you visit our Properties or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Your Membership may start with a promotional trial period, allowing you to receive your first box shipment at a reduced price ("Trial"). You will be required to have a valid Payment Method on file in order to initiate the Trial offer. At the time of sign-up, your Payment Method will just be charged for the reduced trial price and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. Quantum Squares reserves the right, in its absolute discretion, to determine your Trial eligibility. The Trial is limited to one order per household.
We will begin billing your Payment Method the applicable monthly Membership fees, based on the flavor(s) you selected at the end of the Trial unless you cancel your Membership prior to the end of the Trial. To view the specific details of your Membership, including monthly Membership price and end date of your Trial, visit your Profile, under Your Details page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun (which may or may not include discount incentives offered set to begin after the Trial period ends). To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the Trial Offer period in order to avoid being charged for the Membership. We will continue to bill your Payment Method on a monthly basis for your Membership fee until you cancel. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Membership, please contact us. Trial Offers are one-time only for new customers and are limited to one per household.
Quantum Squares reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and without liability.
AUTO-RENEWAL FOR SUBSCRIPTION
MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Quantum Squares will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
You may cancel your Membership at any time by logging on to your account Profile. To cancel a membership, please go to Your Details and select the "Cancel Your Plan", and confirm your cancellation. Cancellation requests submitted must be received within 14 days of last delivery or at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by Quantum through other channels may take up to five (5) days to process. If you have any problems, please contact us. Quantum requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. Your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term. Open boxes may be returned for a refund, provided that only three (3) bars are missing. All fees related to member services are fully earned upon payment. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of Membership reaffirms that we are authorized to charge your Payment Method for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Membership.
SHIPPING AND PRODUCT ACCEPTANCE
The shipment date will be determined according to whichever date is closer to the date of the member’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail via the US Postal Service. The risk of loss and title for all Products purchased via our Properties pass to the Customer upon delivery of the item to the carrier.
PAUSING AND RESUMING SHIPPING
Quantum Squares offers its members the ability to temporarily pause their Memberships ("Pause Period"). During the Pause Period, members will remain active members, but they will not receive or be charged for any Quantum Products. A Membership may be placed on a Pause Period indefinietly. During the Pause Period, members will remain a member of Quantum, continue to receive communications from Quantum via email, but will not be charged any maintenance or membership fee.
Members who are in a Pause Period may resume receiving Quantum Products by logging into their Profile page and Resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period by contacting us.
If you are dissatisfied with one of our Products for any reason, Quantum will refund the amount paid for your most recent month of service. Refund requests must be made directly to Quantum Squares by contacting us. All refund requests must be made within thirty (21) days of the date of shipment by Quantum Squares and there must be less than 3 bars missing. Quantum is not liable for Products that are damaged or lost in transit to Quantum. Promptly following Quantum’s receipt of your request (typically within five (5) business days), Quantum will credit the amount paid for the returned Product (less any shipping and handling costs related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Quantum does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
Quantum Squares will not provide a refund for a request that is received by Quantum more than thirty (21) days after the date of original shipment or missing more than 3 bars. Quantum also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
TRADEMARKS AND LIMITED LICENSES
Quantum Squares may include features on our Properties that allow you to create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links, other items or materials on our Properties, or share communications or content ("User Content") with us and with other users of our Properties. By using our Properties, you agree not send, upload, transmit, distribute or create any User Content of any type that infringes or violates any rights of any party or violates these Terms. By submitting or otherwise exchanging User Content with us, you understand that Quantum does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Quantum liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter and is the sole responsibility of the individual or person that submitted such User Content. Furthermore, the interactive areas are generally designed as open and public community areas for connecting and sharing with other people and will not be considered or treated as confidential and may be seen, read, used or re-transmitted by Quantum or other users of our Properties. You are solely responsible for your use of our Properties and agree to use the interactive areas at your own risk. You represent and warrant that your User Content is not subject to any confidentiality obligations and that you are the owner of any User Content that you submit or cause to be submitted or have all rights and licenses necessary regarding such User Content and hereby grant Quantum and its designees a worldwide, perpetual, irrevocable, non-exclusive, unrestricted, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. By posting User Content, you hereby release Quantum and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Quantum Squares is under no obligation to monitor or use any User Content. If you elect to provide such User Content to us via our Properties, Quantum has no obligations to you with respect to such ideas or suggestions and may use them, or not use them, in our sole discretion and for any purpose whatsoever.
You further agree that you are prohibited from posting or transmitting, through or in connection with our Properties:
- Any unlawful, libelous, threatening, defamatory, indecent, obscene, suggestive, harassing, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane, invasive of privacy or publicity rights, abusive, objectionable or which threatens our relationships with our employees, partners, customers or suppliers; or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is disruptive, destructive, harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law; and
- Any material non-public information about a party without the proper authorization to do so.
You further agree not to (i) use technology or other means to access Quantum or our Properties or Site Materials that is not authorized by Quantum; (ii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Quantum or our Properties or Site Materials; site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of our Properties, without our express prior written consent. (iii) attempt to gain unauthorized access to Quantum computer network or user accounts; (iv) attempt to damage, disable, overburden, or impair Quantum servers or networks; (v) impersonate any person or entity, including Quantum or any of our affiliates or users; (vi) falsely state or otherwise misrepresent your affiliation with any person or entity; (vii) express or imply that we endorse any statement or posting you make, or any products or services you may offer; (viii) Use our Properties to advertise or offer to sell or buy any goods or services without our express prior written consent; (ix) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Properties; (x) interfere with or disrupt the operation of our Properties or the servers or networks used to make the Properties available, or violate any requirements, procedures, policies or regulations of such networks; (xi) Restrict or inhibit any other person from using our Properties, including by hacking or defacing any portion of our Properties; (xiii) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Properties; (xiv) Remove any copyright, trademark or other proprietary rights notices from our Properties or from materials originating from our Properties; (xv) Frame or mirror any part of our Properties without our express prior written consent; or (xvi) Create a database by systematically downloading and storing all or any Content from our Properties.
If you are viewing our Properties on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off our Properties and the computer system you are using to prevent unauthorized User Content.
You hereby acknowledge and agree that you have no expectation of privacy with regard to any User Content you submit, transmit, or post on to or through our Properties. Since we cannot guarantee security of information on our Properties, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any User Content contained on our Properties. Please choose carefully the information and User Content you post on our Properties and that you provide to others. Your Quantum Squares Profile may include personally identifiable items, including last names, email addresses, telephone numbers, and street addresses.
LIMITED LIABILITIES. WARRANTIES. THIRD PARTY LINKS
You are granted a limited, non-exclusive right to create text hyperlinks to our Properties for noncommercial purposes, provided such links do not portray Quantum Squares in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Quantum’s logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Quantum trademark, logo or other proprietary information, including the images found at our Properties, the content of any text or the layout/design of any page or form contained on a page on our Properties without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Quantum or any third party. Quantum makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to our Properties. Such sites are not under the control of Quantum and Quantum is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Quantum Squares may provide third party content on our Properties (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not monitor, control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Quantum of any site or any information contained therein, or how any third party may treat, handle or share your information, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Quantum is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. Furthermore, other websites may link to our Properties, with or without our authorization, and we reserve the right to block or disable any link to or from our Properties at any time and for any reason. In general, Quantum does not object to links to our Properties from third party websites. However, all links to any third party website are subject to these Terms.
The use of our Properties and content is at your own risk. Our Properties (including software) and all associated content are provided on an "AS IS" and "AS AVAILABLE" basis without any express warranties or representations of any kind. Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of our Properties, including information you provide to us on our Properties.
TO THE FULLEST EXTENT PERMITTED BY LAW, QUANTUM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ITS SITES OR THE USE OF ITS SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY COMMITMENTS ABOUT ANY CONTENT WITHIN OUR PROPERTIES, ANY SPECIFIC FUNCTIONS OR THE RELIABILITY, ACCURACY, SECURITY, TIMELINESS, NON-INFRINGEMENT, OR AVAILABILITY OF OUR SITES OR ANY ASSOCIATED CONTENT TO MEET YOUR NEEDS. QUANTUM FURTHER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES, THAT OUR SITES AND ANY OF THEIR FEATURES WILL BE AVAILABLE OR THAT ACCESS WILL BE UNINTERRUPTED OR SECURE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUANTUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR PROPERTIES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH OUR PROPERTIES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM QUANTUM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO QUANTUM’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUANTUM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO QUANTUM FOR ACCESS TO OR USE OF THE SITES. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR PROPERTIES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF DAMAGES OR LIABILITY IN WHOLE OR IN PART WITH RESPECT TO CONSUMER AGREEMENTS AND ALTHOUGH THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS IN THESE TERMS SHALL ALWAYS BE CONSTRUED TO TAKE FULL ADVANTAGE OF THEIR MEANING TO THE EXTENT PERMITTED BY LAW. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR SHOULD YOU WISH TO DETERMINE THE LAWS AND REGULATIONS THAT APPLY TO YOU.
BY ACCESSING OUR PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
MODIFICATION TO THE SITES
Quantum Squares reserves the right to modify or discontinue, temporarily or permanently, our Properties or any features or portions thereof without prior notice. You agree that Quantum will not be liable for any modification, suspension or discontinuance of our Properties or any part thereof.
CANCELLATION AND TERMINATION
Questions or comments regarding our Sites, including reports of non-functioning links, should be submitted by contacting us.
SWEEPSTAKES, CONTESTS AND PROMOTIONS
Quantum Squares or its authorized partners may operate sweepstakes, contests, and promotions ("Promotions") through our Properties. All promotional offers, sweepstakes, contests, giveaways and other promotions (“Promotions”) we may offer from time to time are subject to these Terms and any supplemental terms we disclose. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate, as they may contain additional important information about Quantum’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion. Generally, with or without notice, we reserve the right to modify, suspend, cancel or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Quantum may assign or transfer these Terms, at its sole discretion and without restriction.
DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL
These Terms are governed by the laws of the State of California without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By using our Properties in any way, you unconditionally consent and agree that:
- (a) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Quantum Square Parties arising out of, relating to, or connected in any way with our Properties or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.
- (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
- (c) the arbitration shall be held in Los Angeles, California.
- (d) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website.
- (e) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
- (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Quantum’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- (g) BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
- (h) the arbitrator shall not have the power to award punitive damages against you or any Quantum Square Party.
- (i) if the administrative fees and deposits that must be paid to initiate arbitration against any Quantum Square Party exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Quantum Squares agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Quantum Squares will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
- (j) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Quantum Squares shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of our Properties is Curated Healthy Energy Foods, Inc, 3110 Main Street., Bldg. C, Santa Monica, CA 90405. To file a complaint regarding our Properties or to receive further information regarding use of our Properties, send a letter to the above address or contact us (with “California Resident Request” as the Subject Line).
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.