QUIVERS CONSUMER TERMS OF USE

Last Modified on May 24, 2018

Welcome to Quivers! Quivers, Inc. (“Quivers”) makes it easy to find and order the special products you need. When you order and pay online, the Quivers system immediately starts working to ensure that you receive your products as soon as possible. Quivers strives to make sure your online shopping experience will be convenient, professional, and secure.

Your access and use of the Quivers website located at quivers.com (the “Site”) and features, products and services provided by Quivers (individually and collectively, the “Service”) is subject to the terms and conditions in these Terms of Use (these “Terms”).

By agreeing to these Terms (including by a click-through or other agreement) or by using any aspect of the Service, you expressly acknowledge that you have read these Terms and agree to all of its terms and conditions. You represent and warrant that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You further agree to receive all communications, agreements, and notices that Quivers provides in connection with the Service electronically, including by email. If you do not accept these Terms, then you may not use any aspect of the Service.

These Terms contain important language governing your use of the Service. It addresses, among other things, information about how Quivers provides the Service and how Quivers handles disputes (which are handled by binding arbitration in most cases). Please read these Terms carefully as they are a binding contract.

  1. Updates. Quivers may update these Terms at any time, and Quivers will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any point you do not agree to any portion of these Terms as then in effect, you must immediately stop using the Service. If Quivers makes any material change to these Terms, Quivers will make reasonable efforts to notify you of the change. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Quivers encourages you to review these Terms frequently to stay informed of the latest modifications.

  2. Provision of the Service. You acknowledge and agree that Quivers may make changes to any aspect of the Service at any time without notifying you in advance.

  3. Termination of Service. Quivers reserves the right to deny service to any person or entity at Quivers’ sole and absolute discretion. You acknowledge and agree that Quivers may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of these Terms or if Quivers suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity.

  4. Purchases Through the Service.

    1. Orders. All orders placed through the Service must be placed online. Orders cannot be placed, and Quivers will not accept orders attempted to be placed, by telephone, postal mail, email or facsimile. Do not send your credit card information by email under any circumstances as Quivers will not be responsible for the unauthorized access to, or use of, your credit card or other financial information or any loss or damage resulting therefrom. Quivers does not accept COD orders.

    2. Payment and Charges. Quivers accepts payment by Visa, MasterCard, American Express, and Discover, depending on the store’s currency. The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, Quivers reserves the right to cancel your order without notifying you. Quivers cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing financial institution. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Quivers may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of these Terms or posting such changes elsewhere on the Site.

    3. Vendors. Quivers does not manufacture or retail products, nor does Quivers endorse or recommend the products or services of any of the companies that sell products through the Service (each, a “Brand”). You agree that Quivers is not responsible for the accuracy or completeness of information displayed on the website of any such company or through the Service with respect to any such company.

    4. Pricing. Prices offered or displayed by Quivers through the Service are subject to change at any time without notice. Unless otherwise noted, all currency references are in U.S. dollars. No price is confirmed until the checkout process is complete, and when you place your order you agree to the price indicated at checkout. Notwithstanding the foregoing, Quivers reserves the right to revoke any stated offer or to cancel any order where the price is the result of an error or omission. Differences between the price paid and past or future prices available through the Service or elsewhere will not result in a refund. In the event of a typographic error, error in pricing or error in product description, Quivers retains the right to refuse or cancel any orders placed for such affected products. Quivers is not responsible for errors in displayed pricing or descriptions of products sold through the Service.

    5. Sales Tax. For U.S. shipping addresses, sales tax will be applied to your order if it is shipped from the same U.S. state as your shipping address or if the business fulfilling your order (the “Retailer”) has “nexus” in that state. Unless otherwise specified by a Brand, the Retailer may not be identified at the time of order placement; therefore, the checkout screen and order confirmation email may not include any sales tax. Once a Retailer claims the order for fulfillment, sales tax will be calculated and added if required. If sales tax is shown during order placement, those taxes may be applied to your purchase. For non-U.S. shipping addresses, sales tax will be applied based on the laws and regulations based on the local authority of the order-Retailer and the shipping address.

    6. Shipping. After you place your order, Quivers will send you a confirmation email providing the name, contact information, and address of the Retailer. You may be charged a shipping fee if the Brand with whom you place an order has elected to charge a shipping fee. If you elect to receive your order via in-store pickup, the shipping fee associated with your order will be reduced. All shipping fees will be indicated at checkout.

    7. Returns and Refunds. If you make a purchase through the Service, you can initiate a return with respect to an order once the order has been marked as shipped and subject to the applicable Seller’s terms and conditions and any other applicable rules or policies of such Seller. The refund will be for the full value paid for the returned items, unless otherwise noted. Shipping fees may be refunded at the discretion of the Retailer. Some Brands and Retailers may charge a restocking fee with respect to returned items. The amount of the restocking fee, if any, will be provided to you by the Brand or Retailer upon request and may be displayed on the final checkout screen when you complete your order or noted on the packing list included with your order. As soon as the Retailer receives and processes your return, Quivers will notify you via email. Your credit card will be credited for the return within the timeframe specified by your financial institution. The return credit should be reflected on your statement within one to two billing periods, depending on your financial institution's billing cycle.

    8. Defective and Damaged Products. A defective item is one that is inoperable but has no apparent visible damage. If you receive defective merchandise, please contact the Retailer for assistance. If an order arrives to you with obvious shipping damage, please refuse the delivery. If you have accepted delivery of an order and then find shipping damage, please contact the Retailer immediately using the contact information included with the order. Please save all packaging material and paperwork for the order if shipping damage has occurred. If you dispose of packaging material or attempt to return the merchandise without contacting the Retailer, you jeopardize chances of making a claim, and you may not receive credit for the return.

  5. Restrictions and Conditions of Use.

    1. Use of the Service. Quivers permits you to view and use the Service solely for your own personal use in accordance with these Terms, any rules, restrictions or documentation set forth by Quivers from time to time, and the intended use of the Service. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. Quivers reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.

    2. Updates. You acknowledge and agree that Quivers has no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and Quivers may terminate your access to the Service or stop offering the Service at any time.

    3. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided by Quivers through the Site or the websites of Quivers’ Brands. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers). You further agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty.

    4. Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by these Terms.

      1. Without limiting the generality of the foregoing, you agree that you will not: (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (ii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Quivers; or (iii) make any false, misleading or deceptive statement or representation regarding Quivers or the Service.
        1. Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Quivers in its sole discretion.

        2. Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, or any servers, systems or networks connected to the Service; or (iii) use the Service to engage in any activity that (A) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias) or (B) violates any applicable law, ordinance, rule, regulation or treaty.

    5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of users of the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.

    6. Personal Information. You grant Quivers a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service.

    7. Violation of these Terms. You acknowledge and agree that you are solely responsible, and Quivers has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach.

  6. Links. 

    1. Links from the Service. The Service may contain links to websites operated by independent third parties. Quivers provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Quivers and Quivers is not responsible for the content available on the other websites or services. Such links do not imply Quivers’ endorsement of information or material on any other website and Quivers disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

    2. Links to the Service. Unless otherwise set forth in a written agreement between you and Quivers, you must adhere to Quivers’ linking policy as follows: (a) the appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with Quivers’ or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Quivers; and (c) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. Quivers reserves the right to revoke its consent to the link at any time and in its sole discretion.

  7. Intellectual Property.

    1. Trademarks. The Quivers name and logo are trademarks and service marks of Quivers. Unless permitted in a separate written agreement with Quivers, you do not have the right to use any of Quivers’ trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

    2. Ownership. You acknowledge and agree that Quivers, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Quivers has designated as confidential and you agree not to disclose such information without Quivers’ prior written consent.

  1. Privacy Policy.

    1. Quivers will process your personal data in accordance with the Quivers Privacy Policy (located at https://www.quivers.com). By accepting these Terms or using the Service, you represent that you have read and understood the Quivers Privacy Policy in addition to these Terms. Quivers may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site.

    2. Please note that Quivers also processes personal data on behalf of Brands and Retailers who use the Service. In those situations, it is the Brand and/or Retailer who determines the purposes and means of the processing of personal data. While there is a written contract in place between Quivers and each Brand and Retailer which sets out our data protection obligations, Quivers does not control what personal data a Brand or Retailer collects or how they use it. Quivers is not responsible for any Brand or Retailer’s privacy statements. The Quivers Privacy Policy neither applies to such Brand or Retailer’s use of personal data, nor to Quivers’ processing of such personal data for such parties. Please consult the terms and conditions and privacy policy of the relevant Brand or Retailer to find out how they use your information and to establish whether and for what purpose they collect it.

  2. Location. The Service is operated by Quivers in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

  3. Children. The Service is not directed toward children under 16 years of age, and Quivers does not knowingly collect information from children under 16. If you are under 16, please do not submit any personal information about yourself to Quivers.

  4. Disclaimer of WarrantIES.

Please read the following provisions carefully; they contain important legal disclaimers.

    1. You understand and agree that your use of the service is at your sole risk and that the service is provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.

    2. To the maximum extent permitted by applicable law, Quivers expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

    3. Quivers makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Service.

    4. Quivers does not represent or warrant that (a) you will be able to access or use the Service at the times or locations of your choosing; (b) that operation of the Service will be uninterrupted, timely, secure or error-free; (c) your use of the Service will meet your requirements; (d) defects in the operation of the Service will be corrected; or (e) the Service is free of viruses or other harmful components. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Quivers is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

  1. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.

Please read the following provisions carefully; they contain important limitations of Quivers’ liability.

  1. To the maximum extent permitted by applicable law, Quivers and its affiliates, licensors and business partners (collectively, the “Related Parties”) shall not be liable to you under any contract, tort (including negligence), strict liability or other legal or equitable theory for:
    1. Any indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Service, even if Quivers or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages;
      1. The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Service.

      2. The cost of procurement of substitute goods or services; or

    2. Without limiting the foregoing, in no case shall the liability of quivers or any of the related parties exceed one hundred dollars ($100).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Quivers and the Related Parties shall be limited to the fullest extent permitted by law.

  1. Indemnification. You agree to defend, indemnify and hold Quivers and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service, including without limitation product liability or other claims related to products purchased through the Service; or (b) your breach of these Terms or any other policies that Quivers may issue for the Service from time to time. You further agree to cooperate as required by Quivers in the defense of any claim. Quivers reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Quivers.

  2. Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Quivers agree that, except as otherwise provided in Section 15 below, the state and federal courts located in the County of San Luis Obispo, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Quivers shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

  3. Binding Arbitration.

    1. Arbitration Procedures. You and Quivers agree that, except as provided in Section 15.4 below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 15 and the JAMS Rules, the terms in this Section 15 will control and prevail.

Except as otherwise set forth in Section 15.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Quivers will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Quivers may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

    1. Location. The arbitration will take place in San Luis Obispo, California, unless the parties agree to video, phone or internet connection appearances.

    2. Limitations. You and Quivers agree that any arbitration shall be limited to the Claim between Quivers and you individually. You and Quivers agree that (a) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (b) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (c) no arbitration shall be joined with any other arbitration.

    3. Exceptions to Arbitration. You and Quivers agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Quivers’ intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

    4. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If Quivers is initiating arbitration for a Claim, Quivers will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

    5. Severability. You and Quivers agree that if any portion of this Section 15 is found illegal or unenforceable (except any portion of Section 15.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 15.4 is found to be illegal or unenforceable then neither you nor Quivers will elect to arbitrate any Claim falling within that portion of Section 15.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of San Luis Obispo, California, United States of America, and you and Quivers agree to submit to the personal jurisdiction of that court.

  1. General.

    1. Revisions. These Terms may only be revised in a writing signed by Quivers or published by Quivers on the Site.

    2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quivers as a result of these Terms or your use of the Service.

    3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

    4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 15.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

    5. No Waiver. Quivers’ failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Quivers’ right to enforce the same provision at a later time. An express waiver by Quivers of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

    6. Notices. All notices given by you or required under these Terms shall be in writing and sent to support@quivers.com.

    7. Equitable Remedies. You acknowledge and agree that Quivers would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that Quivers shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as Quivers may otherwise have available under applicable laws.

    8. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Quivers with respect to the Service and supersedes any and all prior agreements between you and Quivers relating to the Service.