Terms & Conditions
A legal disclaimer
These terms and conditions ("Agreement") set forth the general terms and conditions ofyour use of the q2medicinals.com website ("Website" or "Service") and any of its relatedproducts and services (collectively, "Services"). This Agreement is legally bindingbetween you ("User", "you" or "your") and q2 Nutrition "q2 Nutrition", "we","us" or "our"). By accessing and using the Website and Services, you acknowledge thatyou have read, understood, and agree to be bound by the terms of this Agreement. Ifyou are entering into this Agreement on behalf of a business or other legal entity, yourepresent that you have the authority to bind such entity to this Agreement, in whichcase the terms "User", "you" or "your" shall refer to such entity. If you do not have suchauthority, or if you do not agree with the terms of this Agreement, you must not acceptthis Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and q2 Nutrition, even though it is electronic and is not physically signed by you, and it governs your useof the Website and Services.
Accounts and Membership
You must be at least 13 years of age to use the Website and Services. By using theWebsite and Services and by agreeing to this Agreement you warrant and represent thatyou are at least 13 years of age. If you create an account on the Website, you areresponsible for maintaining the security of your account and you are fully responsiblefor all activities that occur under the account and any other actions taken in connectionwith it. We may, but have no obligation to, monitor and review new accounts beforeyousign in and start using the Services. Providing false contact information of any kind mayresult in the termination of your account. You must immediately notify us of anyunauthorized uses of your account or any other breaches of security. We will not beliable for any acts or omissions by you, including any damages of any kind incurredbecause ofsuch acts or omissions. We may suspend, disable, or delete your account (or any part there of) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation andgoodwill. If we delete your account for the foregoing reasons, you may not re-registerfor our Services. We may block your email address and Internet protocol address to prevent further registration.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites,mobile applications, etc.), we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unlessspecifically stated herein. We are not responsible for examining or evaluating, and wedo not warrant the offerings of, any businesses or individuals or the content of theirresources. We do not assume any responsibility or liability for the actions, products,services, and content of any other third parties. You should carefully review the legalstatements and other conditions of use of any resource which you access through a linkon the Website and Services. Your linking to any other off-site resources isat your ownrisk.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute,common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights toinventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or willsubsist now or in the future in any part of the world. This Agreement does not transferto you any intellectual property owned by q2 Nutrition or third parties, and allrights, titles, and interests in and to such property will remain (as between the parties) solely with q2 Nutrition. All trademarks, service marks, graphics and logos usedin connection with the Website and Services, are trademarks or registered trademarksof q2 Nutrition or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of otherthird parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of q2 Nutrition or third-party trademarks.
Disclaimer of Warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limitedto theimplied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, orthat the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects inthe Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained using Service is done at your own discretion and riskand that you will be solely responsible for any damage or loss of data that results fromthe download of such material and/or data. We make no warranty regarding any goodsor services purchased or obtained through the Service or any transaction sentered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty notexpressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will q2 Nutrition, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise,even if the liable party has been advised as to the possibility of such damages or couldhave foreseen such damages. To the maximum extent permitted by applicable law, theaggregate liability of q2 Nutrition and its affiliates, officers, employees, agents,suppliers and licensors relating to the services will be limited to an amount greater ofone dollar or any amounts actually paid in cash by you to q2 Nutrition for theprior one month period prior to the first event or occurrence giving rise to such liability.The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failures of its essential purpose.
Indemnification
You agree to indemnify and hold q2 Medincinals and its affiliates, directors, officers,employees, agents, suppliers and licensors harmless from and against any liabilities,losses, damages or costs, including reasonable attorneys' fees, incurred in connectionwith or arising from any third party allegations, claims, actions, disputes, or demandsasserted against any of them as a result of or relating to your Content, your use of theWebsite and Services or any willful misconduct on your part.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputesarising out of it shall be governed by the substantive and procedural laws of Georgia, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actionsrelated to the subject matter here of shall be the courts located in Georgia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to thisAgreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective uponpostingan updated version of this Agreement onthe Website. When we do, we will revise the updated date at the bottom of this page.Continued use of the Website and Services after any such changes shall constitute yourconsent to such changes.
Acceptance of These Terms
You agree to indemnify and hold q2 Nutrition and its affiliates, directors, officers,employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demandsasserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Contacting Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@q2Nutrition.com.
This document was last updated on February 19th, 2024 (02/19/2024)