Last updated: August 5th, 2024
OVERVIEW
Please read these Terms of Service (these “Terms”) carefully before using the website located at www.qunol.com, including any subdomains (the “Site”). By visiting or accessing any part of our Site (including purchasing a product from our Site), you agree to be legally bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, customers, merchants, and/or contributors of content. As used in these Terms, “you” means the user (if using our Site as an individual), or the business employing the user (if using our Site for the benefit of a business) and “Qunol”, “us”, and “we” means Quten Research Institute, LLC and its subsidiaries and affiliates.
Certain features of the Site may be subject to additional guidelines, terms, or rules, such as the Terms of Sale, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. In addition, please read our Privacy Policy for important information about how we collect, use, disclose, and otherwise process your personal information. If there is any conflict between these Terms, the Terms of Sale, and the Privacy Policy, these Terms will govern, followed by the Terms of Sale, followed by the Privacy Policy.
If you do not agree to all the terms and conditions of these Terms, then you may not access or use the Site. Any new features or tools which are added to the Site or our online store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to change (in whole or in part) these Terms from time to time in our sole discretion. If we make changes to these Terms, we will notify you by posting notice of the changes on our Site and, if you have given us your email address, sending you notice by email. Any changes to these Terms will be effective upon thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If you do not agree with any updated version of these Terms, do not continue to use our Site.
THESE TERMS CONTAIN VARIOUS LIMITATIONS, EXCLUSIONS AND RELEASES OF LIABILITY IN SECTION 9 AND A WAIVER OF RIGHTS TO PARTICIPATE IN A JURY TRIAL REGARDING ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE IN SECTION 11.
- NUTRITION, FITNESS AND WELL-BEING INFORMATION. Certain content presented on our Site is intended to impart general nutrition, fitness and wellness information. Such informational content is not intended to be construed as, or be a substitute for, professional medical advice, diagnosis or treatment. You should always seek the advice of your physician or other qualified health provider before beginning a new nutrition or fitness program. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site, content, or products.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor our Site recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment, therapy or other information on or associated with our Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or content. Use of our Site, content, and products is solely at your own risk.
- AGE REQUIREMENT; YOUR ACCOUNT
You must be 18 years or older to use our Site. Minors under 18 and at least 13 years of age are only permitted to use our Site through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Site. You represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Site.
You are responsible for any and all account activity conducted by a minor on your account.
You may need to create an account with a user name and password to access certain portions of our Site. By creating an account, you represent and warrant that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account passwords, and you are solely responsible for all purchases and other activities that occur under your account. We reserve the right to require you to change your password if we believe your account is no longer secure.
To access this Site, you may be asked to provide certain information, including, but not limited to, personal information. You agree to provide accurate information about yourself. You will not use false information or impersonate another person or company through your account.
- USER CONTENT, FEEDBACK, AND OTHER SUBMISSIONS
We may include features on the Site or on our social media accounts that allow you to share your communications or content, including any text, photographs, audio and video (“User Content”) with us and with other users of the Site. You agree you will not send, upload or transmit any User Content of any type that infringes, misappropriates, or otherwise violates any rights of any party or violates these Terms. By submitting or otherwise exchanging User Content with us, you understand that all such information, whether publicly posted or privately transmitted, is your sole responsibility as the individual or person that submitted such User Content. You further agree that such User Content will not be considered or treated as confidential and may be seen, read, used or re-transmitted by us or other users of our Site or viewers of our social media accounts. You explicitly represent and warrant 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 Qunol a royalty-free, perpetual, irrevocable, unrestricted world-wide, transferable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, publicly perform and publicly display such User Content in any media or medium, or any form, format or forum, now known or hereafter developed. Qunol may sublicense its rights to any User Content through multiple tiers of sublicenses. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content. We may remove any User Content on the Site or social media accounts at any time in our sole discretion and without notice to you, subject to applicable consumer protection and other laws.
Any feedback, suggestions, testimonials, reviews, questions, comments, ideas, notes, concepts, and other similar information relating to us, our products, or this Site that you provide to us in any form or media, including photos or videos (collectively, “Feedback”) is considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you, but we are not obligated to (i) use your Feedback in any way; (ii) to maintain any Feedback in confidence; (iii) to pay compensation for any Feedback; or (iv) to respond to any Feedback. The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), or credit card information that you may provide to us, provided that we may use and publish your name and/or geographic location alongside your review or testimonial if you provide that information to us. Qunol may remove any Feedback on our Site or social media accounts at any time in our sole discretion and without notice to you, subject to applicable consumer protection and other laws.
You agree that you will not provide any User Content or Feedback that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of these Terms. You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content or Feedback.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property rights of any person or these Terms. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any User Content or Feedback provided by you or another third party.
In addition, Qunol or its authorized partners may operate sweepstakes, contests and promotions (“Promotions”) through our Site or social media accounts. You should carefully review the official rules (“Official Rules”) of each Promotion in which you participate, as they may contain additional important information about Qunol’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.
Qunol respects the intellectual property of others, and we ask our users to do the same. Qunol may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Qunol by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- 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, and information reasonably sufficient to permit Qunol to locate the material;
- Information reasonably sufficient to permit Qunol to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
Quten Research Institute, LLC
10 Bloomfield Avenue
Pine Brook, NJ 07058 Attn: Customer Service
Email: customerservice@qunol.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be penalties for false claims.
- YOUR USE OF OUR SITE
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site subject to these Terms and the following restrictions in particular:
You will not (and may not solicit others to) use our products, the Site, or any Site content:
for any unlawful purpose or in violation of any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses, worm, Trojan horse, time bomb, spyware, 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 Site or of any related website, other websites, hardware, software or equipment, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent; for any obscene or immoral purpose; or to interfere with or circumvent the security features the Site or any related website, other website, or the Internet.
You are prohibited from posting or transmitting, through or in connection with our Site:
any unlawful, threatening, defamatory, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, hateful, profane 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; or any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation. You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to our Site; You will not, except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site; and You will not remove any copyright, trademark or other proprietary rights notices from our Site or from materials originating from our Site.- OUR INTELLECTUAL PROPERTY RIGHTS
All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Unless expressly stated otherwise, you may not modify or otherwise exploit the content on our Site in any way or form without our prior express written permission.
All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our licensors. Specifically, the name “Qunol” and the other Qunol marks, phrases, logos, and designs that we use in connection with our Site are trademarks, service marks, or trade dress of Qunol in the US and other countries. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own.
No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any materials contained or distributed in this Site.
- THIRD-PARTY TOOLS AND WEBSITES
We may provide you with access to third-party tools (“Third-Party Tools”) through our Site, including Third-Party Tools that process payments and mange subscriptions for Qunol, which we neither monitor nor have any control over nor input regarding. 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 Third-Party Tools. Any use by you of Third-Party 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 such Third-Party Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Certain content, products and services available via our Site may include materials from persons that are not affiliated with us (“Third Parties”), and the Site may contain links that direct you to websites operated by Third Parties. We are not responsible for examining or evaluating the content, and we do not warrant and will not have any liability or responsibility for, any Third-Party websites or materials available therein. When you access any such Third-Party materials or website, you do so at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party website. Please review carefully the Third Party’s policies and practices and make sure you understand them before you engage in any transaction involving them. Qunol is not a party to those agreements; they are solely between you and the Third Party. Complaints, claims, concerns, or questions regarding Third-Party products and services should be directed to the Third Party.
- TERMINATION OR SUSPENSION OF YOUR ACCOUNT
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by terminating your account with Qunol, or, if you don’t have an account, by ceasing to use our Site. Terminating your account and these Terms will not affect the availability of some of your User Content that you posted on our Site or social media accounts prior to termination or your obligation to pay any amounts due to Qunol.
If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate or suspend your account (and any accounts Qunol determines are related to you or your account) and your access to the Site without notice. In the event of such termination, your rights to continue to use our Site terminates immediately, and you will remain liable for all amounts due up to and including the date of termination.
Qunol reserves the right to change, suspend, or discontinue all or any portion of the Site for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you.
If you or Qunol terminate your account, you may lose any information associated with your account, including your User Content. These Terms apply to any rights or obligations of either party for so long as you are accessing and using the Site and continue for any claims arising out such access or use.
Upon termination or expiration, all rights granted to you under these Terms will terminate; however, any provisions of these Terms that by their nature shall survive any termination of these Terms, including Sections 1, 3(a), 3(c), 5, 7(e), 8-13, shall survive any termination of these Terms.- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site 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 on the Site 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, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer. YOU UNDERSTAND THAT OUR SITE AND ALL PRODUCTS SOLD THROUGH THE SITE (THE “PRODUCTS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SITE WILL BE SECURE; (II) ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (III) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE SITE OR ANY PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (V) THE RESULTS OF USING THE SITE OR ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, THE PRODUCTS, OR THIRD-PARTY TOOLS MADE AVAILABLE IN CONNECTION WITH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DISCLAIM ALL EQUITABLE INDEMNITIES. YOU USE THE SITE AND PRODUCTS SOLELY AT YOUR OWN RISK.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO CASE SHALL QUNOL, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “QUNOL PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT, THE SITE, OR SITE CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO EVENT SHALL THE QUNOL PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD). NO CLAIM OR ACTION ARISING FROM OR CONCERNING OUR SITE OR OTHERWISE HEREUNDER MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE SHORTENING OF THE APPLICABLE STATUTE OF LIMITATIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.- INDEMNIFICATION
Except to the extent prohibited by law, you agree to release, indemnify, defend and hold harmless the Qunol Parties, from any claim or demand, costs, liabilities and settlements, including without limitation reasonable attorneys’ fees, made by any third-party arising out of or related to (a) your breach of these Terms; (b) your use of, or activities in connection with, our Site; or (c) your violation of any law or the rights of a third-party, including any allegation that User Content from you infringes, misappropriates, or otherwise violates the intellectual property, publicity, privacy or other proprietary rights of others or violates these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- GOVERNING LAW; DISPUTE RESOLUTION
These Terms shall be governed by the laws of the State of Delaware without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts in Delaware for the resolution of any dispute based upon or relating to this Site or these Terms and waive any objection to such courts on any basis, including without limitation venue and inconvenience of the forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE SITE OR THESE TERMS.
- ELECTRONIC COMMUNICATIONS NOTICE.
When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.
- MISCELLANEOUS
Interpretation. 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.
Entire Agreement. These Terms, together with the Terms of Sale, constitute the entire agreement and understanding between you and us and govern your use of the Site, 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 of Service).
Waiver; Severability. The failure of Qunol to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Qunol representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. In the event that 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, 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.
Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Qunol or any of Qunol’s affiliates. Qunol and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.
Consumer Protection; Notices. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be sent via mail or courier to: Quten Research Institute, LLC, 10 Bloomfield Avenue Pine Brook, NJ 07058. Regardless of which method is used, you must ensure that where available, a tracking service is used.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. The address for Qunol for notice purposes is: Quten Research Institute, LLC, 10 Bloomfield Avenue Pine Brook, NJ 07058.
Contact Information. Questions about these Terms should be sent to us at customerservice@qunol.com.