TERMS OF USE

TERMS AND USE

Januray/23/2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING SITE AND ITS AFFILIATES. THESE TERMS GOVERN YOUR USE OF THE SITE IN GENERAL. BY USING AND ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE. YOUR USE OF THIS SITE AND AFFILIATES SITES IS ALSO GOVERNED BY OUR PRIVACY POLICY.

This is the official Terms of Use Agreement (“Terms of Use”) for the specific Internet website, application, or other interactive services (“Site,” “we,” “us,” or “our”) provided by Quantum Sports & Media World W.L.L. (“QSM World”) that contains an authorized link to these Terms of Use. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device, or any other technology or devices now known or hereafter developed or discovered.

These Terms of Use govern only the content, features, and activities related to this Site and do cover all the other websites of QSM World, and its affiliates that QSM World directly or indirectly owns or controls, (collectively, “Affiliates”) or QSM World Subsidiary and Brands (collectively, “Brands”)or any other company, unless specifically stated.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

ACCEPTANCE OF TERMS

Your access and use of the Site is subject to these Terms of Use and all applicable laws. By accessing and browsing the Site, you represent to QSM World that you have read, understood, accept, and agrees to be bound to these Terms of Use. If you do not agree with all the following Terms of Use, please do not use this Site or any of QSM World or its Affiliates or Its Brands, website, or any of the products that use these terms.

This is a Binding Contract. These Terms of Use are a contract between you and QSM World and its Affiliates and its Brands. Other than as expressly stated herein, there are no third-party beneficiaries of this Contract.

QSM World reserves the right, in its sole discretion, to modify, alter or otherwise change these Term of Use at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Use. Please also review our Privacy Policy.

GENERAL

The words “use” or “using” in these Terms of Use, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third-party content or sites or any links that may direct your browser or your connection to third-party sites or pages.

As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate QSM World or its Affiliates or its Brands rights or the rights of others. QSM World reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes.

PRIVACY

Your privacy is important to us. We provide a notice explaining our online information practices and about the way your information is collected and used at this website. You may access our Privacy Policy here, which forms a part of these Terms of Use.

INTELLECTUAL PROPERTY

This website and the content and materials contained on this website, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips, and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) on this Site are protected by copyrights, patents, trade secrets, or other intellectual property and proprietary rights under the laws of the United States and other countries. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. QSM World assumes no obligation to update the Content.

USE OF CONTACT

Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of QSM World or such third party that may own the Content displayed on the Site.

ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF QSM WORLD. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print, or reproduce from the Site.

You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of QSM World or its owner if QSM World is not the owner.

EXTERNAL LINKS AND SERVICES

QSM World or its Affiliates or its Brands may provide, links to other websites, applications, resources, and/or services operated by third parties (each an “External Service). When you engage with a provider of an External Service, you are interacting with a third-party, not with QSM World or its Affiliates or its Brands. If you choose to use an External Service, such use will be subject to such third-party providers’ terms of use, and such a third-party may use and share your data in accordance with its privacy policy. We encourage you to read and be aware of the terms and conditions and privacy policy of each External Service you use. When accessing and/or using an External Service, you do so at your own risk.

SUBMISSIONS & USER GENERATED CONTENT

A. Submissions and Unsolicited Ideas Policies.

Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything, you submit to us whether or not solicited by us you agree that creative ideas, suggestions, or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

B. User-Generated Content.

The QSM World or it’s Affiliates or it’s Brands may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries, or other content (“User-Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a QSM World or it’s Affiliates or it’s Brands Product made available by us or in connection with QSM World or it’s Affiliates or it’s Brands Products appears on a QSM World or it’s Affiliates or it’s Brands website, service, and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

In most instances, we do not claim ownership of your User-Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User-Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the QSM World or it’s Affiliates or it’s Brands and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User-Generated Content does not establish any relationship of trust and confidence between you and us and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the QSM World or its Affiliates or it’s Brands in connection with the submission or arising from it).

You represent and warrant that your User-Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User-Generated Content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through a QSM World or it’s Affiliates or it’s Brands, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the QSM World or its Affiliates or its Brands if your User-Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.

SUBMISSIONS & USER GENERATED CONTENT

A. Submissions and Unsolicited Ideas Policies.

Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything, you submit to us whether or not solicited by us you agree that creative ideas, suggestions, or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

B. User-Generated Content.

The QSM World or it’s Affiliates or it’s Brands may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries, or other content (“User-Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a QSM World or it’s Affiliates or it’s Brands Product made available by us or in connection with QSM World or it’s Affiliates or it’s Brands Products appears on a QSM World or it’s Affiliates or it’s Brands website, service, and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

In most instances, we do not claim ownership of your User-Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User-Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the QSM World or it’s Affiliates or it’s Brands and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User-Generated Content does not establish any relationship of trust and confidence between you and us and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the QSM World or its Affiliates or it’s Brands in connection with the submission or arising from it).

You represent and warrant that your User-Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User-Generated Content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through a QSM World or it’s Affiliates or it’s Brands, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the QSM World or its Affiliates or its Brands if your User-Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.

SUBMISSIONS & USER GENERATED CONTENT

A. Submissions and Unsolicited Ideas Policies.

Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything, you submit to us whether or not solicited by us you agree that creative ideas, suggestions, or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

B. User-Generated Content.

The QSM World or it’s Affiliates or it’s Brands may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries, or other content (“User-Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a QSM World or it’s Affiliates or it’s Brands Product made available by us or in connection with QSM World or it’s Affiliates or it’s Brands Products appears on a QSM World or it’s Affiliates or it’s Brands website, service, and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

In most instances, we do not claim ownership of your User-Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User-Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the QSM World or it’s Affiliates or it’s Brands and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User-Generated Content does not establish any relationship of trust and confidence between you and us and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the QSM World or its Affiliates or it’s Brands in connection with the submission or arising from it).

You represent and warrant that your User-Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User-Generated Content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through a QSM World or it’s Affiliates or it’s Brands, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the QSM World or its Affiliates or its Brands if your User-Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor QSM World or its Affiliates or its Brands will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and QSM World or its Affiliates or its Brands agree to arbitrate, as provided below, all disputes between you (including any related disputes involving QSM World or its Affiliates or its Brands), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversies, whether based on past, present, or future events, between you and us concerning the QSM World or its Affiliates or its Brands Products or this Term of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable bases. You and QSM World or its Affiliates or its Brands empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.

A. In the event of a dispute, you or QSM World or its Affiliates or its Brands must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. We will send any notice of dispute to you at the contact information we have for you. You and QSM World or its Affiliates or its Brands will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

B. If you and QSM World or its Affiliates or its Brands do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under Arbitration Act of the jurisdiction selected by QSM World. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor QSM World or its Affiliates or its Brands will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and QSM World or its Affiliates or its Brands agree to arbitrate, as provided below, all disputes between you (including any related disputes involving QSM World or its Affiliates or its Brands), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversies, whether based on past, present, or future events, between you and us concerning the QSM World or its Affiliates or its Brands Products or this Term of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable bases. You and QSM World or its Affiliates or its Brands empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.

A. In the event of a dispute, you or QSM World or its Affiliates or its Brands must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. We will send any notice of dispute to you at the contact information we have for you. You and QSM World or its Affiliates or its Brands will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

B. If you and QSM World or its Affiliates or its Brands do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under Arbitration Act of the jurisdiction selected by QSM World. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor QSM World or its Affiliates or its Brands will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and QSM World or its Affiliates or its Brands agree to arbitrate, as provided below, all disputes between you (including any related disputes involving QSM World or its Affiliates or its Brands), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversies, whether based on past, present, or future events, between you and us concerning the QSM World or its Affiliates or its Brands Products or this Term of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable bases. You and QSM World or its Affiliates or its Brands empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.

A. In the event of a dispute, you or QSM World or its Affiliates or its Brands must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. We will send any notice of dispute to you at the contact information we have for you. You and QSM World or its Affiliates or its Brands will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

B. If you and QSM World or its Affiliates or its Brands do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under Arbitration Act of the jurisdiction selected by QSM World. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QSM WORLD, ITS AFFILIATES AND ITS BRANDS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE, AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF QSM WORLD OR ITS AFFILIATES OR ITS BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNITY

You agree to indemnify, defend and hold harmless QSM World or its Affiliates or its Brands, and their respective successors and assigns directors, officers, employees, representatives, agents, licensors, suppliers, and service providers from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this website, or (b) your breach or violation of these Terms of Use. QSM World or its Affiliates or its Brands reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

EMAILS

The contents of an Email (including any attachments) you receive from any system of QSM World or its Affiliates or its Brands are confidential to the sender and the intended recipient. The information contained in such Email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose, or otherwise use any part of such Email in any form whatsoever.

Please delete and destroy all copies of the Email in your possession. Please also reply to the sender and notify him or her that you have received such Email in error.

Any views or opinions expressed in an Email that you receive from any system of QSM World or its Affiliates or its Brands are solely those of the author of such Email and do not necessarily represent those of QSM World or its Affiliates or its Brands unless specifically stated. The content of an Email that you receive from any system of QSM World or its Affiliates or its Brands does not create, amend, modify or form any part of a contract, an entitlement, or a binding obligation unless specifically stated.

Email messages may contain computer viruses or other defects. It is your responsibility to carry out an appropriate virus and other checks to ensure that Email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or maybe modified, deleted, or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that Email submissions over the Internet may not be secure, and you should consider this before Emailing the Site, QSM World, or its Affiliates, or its Brands any information.

Neither QSM World nor its Affiliates or its Brands are responsible for any improper, untimely, or incomplete transmission. Please note that QSM World or its Affiliates or its Brands reserve the right to intercept, monitor, review, and retain Email messages from external and internal sources as permitted by applicable law.

CONTACT

For general corporate press inquiries or other questions and comments related to the QSM World or its Affiliates or its Brands or their Site(s), please contact us through the form available at www.qsmworld.com/contact-us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. If you believe that any content on the Site infringes on your copyrights, please follow the procedures set forth in these Terms of Use above.

FORWARD LOOKING STATEMENTS

The information contained in (or accessible from) this Site may include both historical and forward-looking statements. All statements that are not statements of historical fact are, or may be deemed to be forward-looking statements. These forward-looking statements are not based on historical facts, but rather reflect our current expectations concerning future results, objectives, plans, and goals, and involve known and unknown risks, uncertainties, and other factors that are difficult to predict and which may cause future results, performance or achievements to differ.

MISCELLANEOUS

These Terms of Use contain the complete and entire understanding and agreement between you and QSM World or its Affiliates or its Brands concerning this website and supersedes any and all prior or contemporaneous understandings relating to this website and your use thereof. These Terms of Use cannot be changed orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The failure of QSM World or its Affiliates or its Brands to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.

Those who choose to access this website from other locations then where it is operated do so at their own risk and are responsible for compliance with any and all local laws, rules, and regulations, if and to the extent local laws, rules, and regulations are applicable.