Privacy & Terms


YOUR PRIVACY RIGHTS

Last updated: 06/06/15


Aquis Inc (“AQUIS” or “we”) takes your privacy extremely seriously. This privacy policy describes how we treat and use the information we collect when you visit or use our web site Aquis.com, mobile-optimized versions of the web site, or software applications to which this policy is linked (collectively, “Website”), including when you sign-up for our newsletters.


Your use of our Website will indicate your understanding and agreement to the collection, transfer, manipulation, storage, disclosures and other uses of your information as described in this privacy policy.


COLLECTION OF INFORMATION


Children. We do not offer the Website to anyone under the age 18 and do not knowingly collect personal information from children under 13. No one under age 13 may provide any information to or on the Website. If you are under 13, do not use or provide any personal information on or through the Website, register on the Website, or use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, email address or any screen name or user name you may use.


Information You Provide. We generally collect personally identifiable information that you voluntarily provide. For instance, information may be collected when you: sign up for our newsletters, create an account/register on our Website, complete a survey, post a comment to an article on our Website, enter a sweepstakes or contest, or participate in our social networking features. Further, you may be asked to provide your email address, your name, buying preferences, annual income, or other demographic or profile information, Twitter or Facebook usernames or other usernames and aliases used for purposes of linking to and/or posting on your social media accounts, and other information you choose to submit. We will collect such information as well as any other content that you provide to us in engaging in any of the above activities or any other activities on the Website. Additionally, if you elect to post material to any blogs, forums, or participate in our community boards that may be offered on our Website, then such materials will be collected and may be publicly available for others to view. Even after you terminate your account, all such materials submitted by you on the Website or our social media channels may be retained by us indefinitely and we may continue to disclose such materials publicly.


Other Information We Collect. We and other parties may also collect information about your online activities over time and across third-party websites or other online services (behavioral tracking), such as pages visited and how often and for how long they are visited. We may use various technologies and features to collect this information, such as tracking your activities through your Internet Protocol (IP) address, computer settings or most-recently visited URL, as well as through the use of “cookies” and “web beacons” described below.


Do-Not-Track Signals. Because there is not yet a consensus on how companies should respond to web browser-based or other “Do Not Track” (“DNT”) mechanisms, we currently do not respond to web browser DNT signals that provide a method to opt out of the collection of information about online activities over time and across third-party websites or online services. We may revisit our policy on responding to these signals, in which case we will post a revised privacy policy on this site. See “Modifications” below.


Cookies. We may place and access cookies and similar technologies on your computer, tablet or mobile device. A cookie is a small amount of data (often including a unique identifier) that is sent to your browser from a web site's computers and stored on your computer's hard drive. Cookies may help you navigate the Website. We may use cookies to deliver content specific to your interests and to prevent you from having to reenter your username and password each time you access the Website. We may also use cookies to control the display of ads, to track usage patterns on the sites, to deliver editorial content, to record requests for subscriptions, to personalize information and to collect aggregate Website usage information, as described below. You can delete these cookies by changing your privacy preferences in your Internet browser. You also have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the Website that depend on cookies. Some of our third party partners (including advertisers and marketing services companies) may set and access cookies and similar technologies on your computer as well, or we may do so on their behalf. We do not have control over how these third parties use such cookies and similar technologies or the information derived therefrom.


Web Beacons. We may also use “web beacons” (also known as “clear GIFs” or “pixel tags”) or similar technologies, on the Website and in our communications with you to enable us to know whether you have visited a web page or received a message. A web beacon is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a web page or message. A web beacon may enable us to relate your viewing or receipt of a web page or message to other information about you, including your personally identifiable information.


Location Information. We may, and may enable our advertisers to, collect your location via certain services we provide through digital applications, wireless access protocol services ("WAP Services") or mobile phone services. We, or the service provider, will inform you of such collection at the time you use the service. By using such service, you hereby consent to our collection, use and disclosure of your location information as described.


General Usage Information. In addition, we may gather aggregate usage information about Website users on an anonymous basis. This information is not personally identifiable and will be used to determine how our Website is being used. Examples of such information include: How much time do users spend on our site? What pages do they view? What sites did they come from? What sites do they go to? All of this information is collected to help us create a better, faster, more efficient website and to provide you with better content. We may also share aggregate usage information, in aggregate anonymous form, with our prospective and actual business partners, advertisers and other third parties for any business purpose.


USE OF INFORMATION


We typically use your information:


1. to provide you with newsletters and additional information regarding products and services from Aquis or from others that may be of interest to you;


2. to fulfill any other purpose for which you provide the information; for example, if you enter our on-line sweepstakes, we may use your email to notify that you won;


3. to notify you, at our discretion, about changes to our Website or any products or services we offer or provide though it;


4. to allow you to participate in interactive features on our Website;


5. to gain insights that help us to make improvements to the design and performance of the Website;


6. in any other way we may describe when you provide the information; and


7. for any other purpose with your consent.


We may disclose your information, including content or other data posted, uploaded or provided by you, if, among other things, we are required to do so by law or in the following situations and for the following purposes:


1. to comply with legal process;


2. to enforce the Terms of Use;


3. to respond to claims that any content violates the rights of third parties;


4. to respond to your requests for customer service;


5. to protect our rights, property or personal safety, or the rights, property or personal safety of our users or the public;


6. if the entity to which your information is disclosed is a third party who wants to promote goods and services that we believe would be of interest to you;


7. if the entity to which your information is disclosed is our subsidiary, affiliate or parent company;


8. if we choose to sell your information to selected third parties, and such third parties will not be required to comply with this privacy policy;


9. if we partner with a retailer or other third party to offer online shopping opportunities, contest or sweepstakes, services, subscriptions and other applications, then (i) personally identifiable information you provide in connection with the above transactions may be collected directly by, or shared by us with, the third party, and (ii) these third parties will use your information in accordance with their own privacy policy;


10. when we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or fulfilling subscriptions), these service providers may use your information to carry out the purpose(s) for which we hired them, but not for any other purposes;


11. otherwise with your consent or in accordance with your indicated preferences (e.g., you indicated you wanted to receive promotional materials directly from a third party partner); or


12. in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the Website to which this policy applies, in which case the acquiring company will possess the information collected by us and will assume the rights and obligations regarding your personally identifiable information as described in this privacy policy.


SOCIAL NETWORKS


If you use your login credentials from a social networking site (e.g., Facebook, Twitter, Instagram, Pinterest) ("SNS") on our Website, we may receive information from such SNS in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS ("SNS Terms"). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of these SNS will apply to the information we disclose to them. Additionally, if you make an election with respect to a SNS while on our Website (for instance, if you elect to “follow” us on one of the SNS, or “Like” us on Facebook), your election will be reflected and may be shared with your social network within the applicable SNS. We reserve the right to use and disclose all personally identifiable information and other information about you that we receive through SNS in the same ways described in this privacy policy.


Your California Privacy Rights: NOTICE TO CALIFORNIA CUSTOMERS


California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties during the preceding year for the third parties' direct marketing purposes or give to the customers an option to opt-out of such information-sharing. To make such request, send us an email at info@aquis.com or write us at Aquis LLC 14 Commercial Blvd., Suite 121, Novato, California, indicating “Your California Privacy Rights” in the subject of your email or letter, your name and complete mailing address. We are not responsible for requests that are not labeled or sent properly, or do not have complete information. Please note that we are only required to respond to one request per customer each year.


REVIEW AND ACCESS


Upon request, Aquis will provide you with a summary of the information we have collected about you, and the opportunity to correct, update or modify this information.


HOW TO OPT OUT


You can unsubscribe from receiving Aquis newsletters or commercial emails at any time. You can unsubscribe by clicking on the “Unsubscribe” link in the footer of any Aquis email and following the instructions, or by logging into your account on our Website, selecting “Subscriptions” and clicking “Unsubscribe” button on “My Newsletters” menu. But note that you may continue to receive certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile. In order to cancel your account/ profile, please email info@aquis.com.


Some of the network advertisers, ad agencies and other vendors we work with to serve ads on third party websites and across the internet, or analytics providers which provide us with information regarding use of the Website and effectiveness of our ads may be members of the Network Advertising Initiatives or the Digital Advertising Alliance Self-Regulatory Program for Online Behavioral Advertising. To opt-out from receiving interest-based advertising from some or all of the participating companies, please visit http://www.aboutads.info/choices/. To opt-out of participating in Google Analytics data follow the instructions:https://tools.google.com/dlpage/gaoptout. Please note opting out through these mechanisms does not opt you out of being served advertising. You will still receive other types of online advertising from participating companies and any type of advertising from non-participating companies, and the web sites you visit may still collect information for other purposes.


THIRD PARTY EMAIL PROMOTIONS


Occasionally, you may receive from us emails that may contain advertising or other content that was sponsored by third party retailers or businesses. These emails are not necessarily reflective of the opinions of our editorial staff. They are content paid for by our sponsors, and allow us to provide you with the free content we believe you will enjoy.


LINKS TO OTHER SITES


As a partner with other beauty & home businesses, Aquis often links out to other sites. We are not responsible for any content that appears on these sites, nor do we endorse them. Third parties may display advertisements on the Service and on such web sites. These advertisements may contain cookies, web beacons and other similar technologies. These third parties may collect information or insert cookies or similar technologies without our knowledge. For questions about these sites, please consult their individual privacy policies. Aquis is not responsible for the privacy practices employed by any third party.


SECURITY


All of the information described above is recorded on restricted database servers. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. We also require you to enter a password to access your registration information and manage your settings. Please do not disclose your password to unauthorized people. Although we take appropriate measures to safeguard against unauthorized disclosures of your information, we cannot guarantee its absolute security.


NOTICE TO NON-U.S. USERS / CONSENT TO JURISDICTION


If you are located outside of the United States, please note that the information you provide to us will be transferred to and processed in the United States, where laws regarding processing of personally identifiable information may be less stringent than the laws in your country. By using this Website, you acknowledge that your have read this privacy policy, understand it, agree to its terms and consent to the transfer and processing of such information outside your resident jurisdiction. You also consent to the adjudication of any disputes arising in connection with this Website in the federal and state courts of, and in accordance with the laws of, the state of California.


MODIFICATIONS


Aquis may make changes to this privacy policy at any time. If and when we do, we will inform you by posting the revised privacy policy on this Website without other notice to you. You are responsible for periodically visiting our Website and this privacy policy to check for any changes. Continued use of our Website, following our posting of the revised privacy policy, will indicate your acknowledgement of such changes and agreement to be bound by them.


CONTACT US


If you have questions about this privacy policy, or about the Website, please contact us at info@aquis.com.



TERMS


Terms of Use

Effective 06/06/2015


IMPORTANT! PLEASE READ CAREFULLY THESE TERMS OF USE IN THEIR ENTIRETY BEFORE USING THE SERVICE.


ACCEPTANCE OF TERMS


The following terms and conditions (collectively with the Privacy Policy, the “Terms of Use”) are a legally binding agreement between each user (“you” or “your”) and Aquis Inc (“AQUIS,” “we,” “us,” “our” or “ours”) and apply to www.aquis.com and the content, services, social media channels and applications offered by Aquis (collectively “Service”). By accessing or using the Service, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18).If you do not agree to any of these terms and conditions, please do not use the Service.


UPDATES TO TERMS


We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on our Service will constitute notice to you of such revised Terms of Use and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of our Service. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.


SPECIAL PROMOTION TERMS


Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys and/or special offerings (“Special Promotion(s)”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated.


AQUIS CONTENT DEFINED


The “Aquis Content” includes all materials that are included in, made available on or are otherwise a part of the Service (including past, present and future versions of the Service). For example, our Aquis Content includes any and all domain names, text, blogs, articles, emails, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork and the “look and feel” of the Service.


TRADEMARKS


The Aquis Content also includes Aquis marks and logos that are trademarks or service marks of ours. All other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are not granted any rights to use any trademarks, service marks or logos through your to access the Service.


COPYRIGHT PROTECTION


The Aquis Content and the Service are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Further, each individual element of the Aquis Content constitutes a copyrighted work, and you must abide by all additional copyright notices or restrictions contained in this Service. Unless specifically and expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, translate, broadcast, create derivative works from, transmit, sell, offer to sell or in any way exploit any Aquis Content, in whole or in part. In other words, the Service and each individual element of Aquis Content are protected from unauthorized copying, distribution, publication, dissemination and other use by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as specifically and expressly stated in these Terms of Use or otherwise granted to you in writing, no rights (by implication, estoppel or otherwise) are granted to you. Any and all rights not expressly and specifically granted are hereby reserved. Nothing in these Terms of Use will affect, impair or limit in any way our rights to fully exploit any and all of the Aquis Content and Service. To the extent the Aquis Content and Service, or any element thereof, are not protected by copyright laws, all such Aquis Content and/or elements of the Service are proprietary to Aquis and are similarly protected from unauthorized copying, distribution, publication, dissemination and other use.


PERSONAL USE


We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play the Aquis Content. This license is subject to your full compliance with these Terms of Use. You may also make one (1) occasional print copy of content that is of personal interest to you. You may not distribute, sell or offer for sale the Service, Aquis Content, or any element thereof. In addition, Aquis Content may not be used to construct any kind of database.


USER GENERATED CONTENT


You understand that all information, including your name and email address; data, including your IP address and other personally and non-personally identifiable information we collect about you through the Service, including information we collect from your social media profiles if you access the Service through our social media channels; or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through the Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content. By using the Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through the Service by us, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such User Content or material.


While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.


By submitting or posting your User Content to or on the Service, you grant us, and our affiliates, agents, third party partners, and assignees a non-exclusive, irrevocable, sublicensable and royalty-free license in perpetuity throughout the universe to host, display, transmit, distribute, reproduce, modify, edit, translate, create derivative works from, store, archive, cache, sell, sublicense and otherwise your User Content in any and all manner and media, whether now known or hereafter devised, and you release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Aquis the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else.


You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Aquis these licenses. Upon Aquis’s request, you will furnish Aquis any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. Aquis reserves the right to remove any User Content from the Service or our social media channels at any time in our sole discretion.


SHIPPING TERMS


FREE SHIPPING applies to domestic orders where product totals $30 or more.* $5 for Shipping and Handling for orders where product totals Less than $30.

FREE EXPEDITED for domestic orders where products totals $90 or more shipped Fedex Standard, two day delivery.

*Orders to Alaska & Hawaii, Puerto Rico, U.S. Virgin Islands and other U.S. Territories are $12.00 per shipment and we ship via USPS ONLY. Next Day Air and Second Day Air shipments are NOT ALLOWED

*Orders International are $20.00 shipping fee, per shipment and we ship USPS ONLY. Next Day Air and Second Day Air shipments are NOT ALLOWED. Additional duties and taxes may apply and are the responsibility of the recipient. ALL SALES FINAL.

1. All Orders received before 9am PST will be processed and shipped that day.

2. All Orders received after 9am PST will be processed and shipped the next business day.

3. Orders are shipped USPS or Fedex Ground, unless expedited shipping requested.

4. We cannot ship to P.O. Boxes so please give us your street address. Allow up to 2 weeks for delivery.

5. Add $10.00 for domestic expedited shipment via Fedex 2 day. (2 - 3 Business Days)

6. Add $20.00 for domestic expedited shipment via Fedex Standard Overnight. (1 - 2 Business Days)

7. No C.O.D.'s, cash or collect calls.

8. Merchandise will not be billed until shipped.

9. All orders are insured up to $100 at no cost.

10. Freight charges are based on weights up to 3lb. Heavier packages require extra postage and your package will be charged the exact amount of the extra charge based on your desired shipment method.


DESIGNATED AGENT FOR COPYRIGHT INFRINGEMENT CLAIM


If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent:


14 Commercial Boulevard

Suite #121, Novato, CA 94949

1-415-495-7210

info@aquis.com


Notice of Claimed Infringement must include at a minimum the following information:


1. a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


2. an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;


3. an identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aquis to locate such material;


4. information reasonably sufficient to permit Aquis to contact you, such as an address, telephone number, and email address at which the you may be contacted;


5. a statement that the you have 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;


6. and a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


We have instituted a policy designed to enable, at our sole discretion, the expeditious removal of infringing material and the termination of the usernames and access of users who qualify as repeat infringers, although no assurances can be given that our policy will achieve such result in all circumstances.


If you believe that any material has been removed as a result of such mistake of misidentification, send a notice to our Designated Copyright Agent that includes the following information:


1. your physical or electronic signature; an identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or access to it was disabled;


2. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled;


3. your name, address, and telephone number


4. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Aquis may be found and that you will accept service of process from the party who provided the Notice of Claimed Infringement or an agent of such party.


If a counter-notice is received by the Designated Agent, Aquis may send a copy of the counter-notice to the original complaining party informing such party that Aquis may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against us or the party contesting the original complaint, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Aquis’s discretion.


YOUR CONDUCT


You will not use the Service to: violate any law or encourage or provide instructions to another to do so; upload, post, make available or otherwise transmit any User Content that is unlawful (including, without limitation, User Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right) or User Content that is confidential, harmful, threatening, harassing, abusive, inflammatory, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy or racially, ethnically or otherwise objectionable; misrepresent your identity; upload, post, make available or otherwise transmit that User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitations; upload, post, make available or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; act in a manner that negatively affects other users’ ability to use the Service; collect or store personal data about anyone; display, transmit, distribute, reproduce, modify, edit, create derivative works from, store, archive, cache, sell or offer for sale the Service, Aquis Content or any element thereof.


FTC DISCLOSURE


You acknowledge that: (i) we may receive from marketers free products that we review or discuss in our content and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.


LINKS TO THE SERVICE


We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.


THIRD PARTY LINKS


We may provide, or third parties may provide, on or through the Service, links to other websites or resources. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such external sites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external sites or resources. These links sites are for your convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH SUCH LINK INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.


SERVICE MODIFICATION OR TERMINATION


We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Service. We will not be liable or responsible to you or any third party for such termination.


DISCLAIMERS


THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REFINERY29 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES:


(A) DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;


(B) DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE (REGARDLESS OF WHETHER AQUIS HAS RECEIVED PAYMENT IN CONNECTION THEREWITH);


(C) DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE;


(D) THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND WILL NOT BE CONSTRUED TO: (i) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (ii) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL, OR (iii) RECOMMEND, ENDORSE, OR ADVICE REGARDING ANY MEDICAL OR FITNESS PRODUCT, PROGRAM OR TREATMENT.


FURTHER, AQUIS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH AQUIS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, AQUIS DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. AQUIS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. LIMITATION OF LIABILITY AQUIS IS NOT AND WILL NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO:


(A) THE USE OR THE INABILITY TO USE THE SERVICE;


(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;


(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION;


(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR


(E) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING, AS A RESULT OF BREACH ANY TERMS OF THESE TERMS OF USE), INCLUDING GOODS AND SERVICES PROVIDED BY THIRD PARTIES, INCLUDING ADVERTISERS, THAT ARE MADE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE.


The Service is controlled and offered by AQUIS from its facilities in the United States of America. AQUIS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.


INDEMNIFICATION


To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless AQUIS, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your AQUIS account, email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.


RELEASE


If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.


GOVERNING LAW


These Terms of Use and the relationship between you and AQUIS will be governed by the laws of the United States of America and the State of California as an agreement wholly performed therein without regard to its conflict of law provisions and the United Nations Conventions on Contracts (if applicable). Any dispute relating in any way to your use of the Service will be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.


MISCELLANEOUS


These Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services. These Terms of Use are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.