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These “Terms of Use” (“Terms”) explain the contractual relationship between you and Quiet Town Inc.(“Quiet Town” “us,” our” or “we”), regarding your use of, and access to, our website located at www.quiettownhome.com (“Website”) and the features and functionality thereof (the “Service”). These Terms, which include our Privacy Policy, govern your access to and use of the Website, Service and Quiet Town Content (as defined below), and constitute a binding legal agreement between you and Quiet Town.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
1. Service
The Website and Service enable persons (“Users”) to access, browse and purchase products on the Website.
2. License
a. Grant. Subject to your compliance with these Terms, you are granted a limited,
non-exclusive, non-transferable license to access and use the Website and Services on a computer, tablet device or mobile phone that you own or control.
b. Ownership. All materials contained on, in, or available through the Website and Service,including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials ("Quiet Town Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Quiet Town Content, whether registered or not, are our sole property. The Quiet Town Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Service, any ownership rights in the Quiet Town Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
a. Limitations. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
3. Eligibility
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Quiet Town products or purchase Quiet Town products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a User is engaging in fraudulent or grey
market activities, we may refuse such order.
4. Account
To place an order through the Website, you may either (1) register and create an online account at www.quiettownhome.com (“Account”), or (2) place an order as a guest without creating an account via guest checkout. In order to create an Account, you are required to enter a unique user ID and password, as well as provide registration information, such as your name, phone number, street address, an active e-mail address and any additional information in accordance with the registration form prompts (“Account Data”). You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone. You are responsible for all activities that occur under your Account. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify us immediately of any unauthorized use of your Account or any breach of security with respect to your Account. You consent to receiving communications from us via email in connection with your use of the Service. You may opt out of these messages by following the prompts in email messages; however, doing so may impact your use of the Service.
5. Product Availability; Quantity
All orders placed through the Website are subject to availability and acceptance by Quiet Town. Quiet Town reserves the right to change the products listed on the Website without prior notice and/or may limit from time to time the quantity of Quiet Town products that may be ordered by a User in a single buying session. The product pages of the Website can provide you with information regarding products that are currently available. Products that are unavailable may display a “Coming Soon” or “Out of Stock” notice, as applicable, on the product pages. Quiet Town may modify or discontinue any products on the Website.
If Quiet Town discontinues a product you have ordered, Quiet Town will give you a pro-rata refund for any product purchased but not yet shipped.
6. Prices, Shipping Costs and Taxes
All prices shown on the Website are in U.S. Dollars. Quiet Town reserves the right to modify prices and shipping costs at any time without prior notice. The price of a product and shipping costs displayed on the Website or quoted by our customer service center at the time Quiet Town provides you with confirmation of your order will be honored.
Actual shipping costs and applicable taxes will be reflected on the payment page before you place your order, and will also appear on the email you receive after placing the order (“Order Confirmation”, discussed below). Sales and use taxes will vary based on the location to which products are being shipped.
The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped. Thereafter, you will receive an email advising that the order has shipped (“Shipping Confirmation”, discussed below). Please note that changes to applicable law between the date your order is placed and the date you are sent a Shipping Confirmation may result in changes to the sales tax associated with your purchase.
7. Payment
Quiet Town accepts payment via all major credit cards and Paypal.When placing an order on the Website, you will need to enter your payment details on the appropriate
form. All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Quiet Town, you will need to contact your card issuer directly to resolve this problem. Quiet Town will not be liable for any delay or non-delivery.
The amount of your purchase will be blocked on your credit card until your order is shipped. During this time, Quiet Town (or its authorized partners) will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Quiet Town to perform such checks and, where Quiet Town deems necessary, to transmit or obtain information that you have provided, including your credit card number, in order to authenticate your identity, validate your credit card, obtain an initial credit card authorization and authorize a particular transaction. Thereafter, you will be sent an Order Confirmation email and your credit card will be charged the applicable purchase price. The Order Confirmation will include the product(s) you ordered, the order number, the price and your billing and shipping addresses.The Order Confirmation constitutes the acceptance of your order by Quiet Town and indicates the existence of a binding sales contract.Quiet Town is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls Specially Designated Nationals List, or to countries sanctioned by the U.S. Any such transactions will be declined.Quiet Town takes reasonable measures - including administrative, technical, and physical measures - to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Quiet Town uses Secure Sockets Layer (“SSL”) encryption on all web pages where personal information is collected. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit to us. Any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information, please view our PRIVACY POLICY.
8. Shipping Policy
We only accept orders for delivery to addresses and P.O. boxes in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Quiet Town does not ship to APO/FPO addresses or hotels. When estimating package delivery time, please allow time for credit approval, address verification and order processing.
Shipping costs depend on several factors - including your location and the delivery service chosen - and will be provided on the checkout screen. After Quiet Town ships your order, you will receive a Shipping Confirmation. The Shipping Confirmation will include the shipping method for your package and a tracking number.
If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you understand and accept that delivery at that address is evidence of delivery and fulfillment of the sale contract by Quiet Town in the same way as if the goods had been delivered to you.
9. Refund Policy
Quiet Town accepts returns and exchanges of damaged or defective items within fifteen (15) days of delivery of said items. All other items will be eligible for exchange or a merchandise credit equal to the purchase price of the item within fifteen (15) days of delivery of said items. Please contact us at info@quiettownhome.com to inquire about any return, exchange or merchandise credit, as applicable.
10. Jurisdiction
The Website and Service are controlled and operated by Quiet Town from the United States, and are not intended to subject Quiet Town or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Quiet Town does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
11. Access
There is no charge to access and browse the Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.
12. Rules of Conduct
In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or
entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or
copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the
license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
13. Suspension
We reserve the right to suspend or cease providing the Website and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.
14. Third Party Content
The Service may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties (collectively, “Third Party Content”). Quiet Town does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. You are advised that different terms of use and privacy policies may apply to your use and access of Third Party Content.
15. Disclaimer of Warranties
THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i)CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT
DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE AND SERVICE.
16. Limitation of Liability
IN NO EVENT WILL QUIET TOWN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL QUIET TOWN’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID QUIET TOWN FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS.
17. Indemnification
By using the Service, you agree to defend, indemnify and hold us, our affiliates, partners, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
18. Governing Law
The Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, County of New York, for any action arising out of or relating to these Terms.
19. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
20. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
21. Amendment to Terms
Quiet Town may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access to and use of the Service following such posting constitutes your consent to be bound by any amended Terms.
22. General
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to info@quiettownhome.com or by writing to us at Quiet Town Inc., 98 4th Street, Suite 408, Brooklyn, NY 11231.
If you have any questions regarding these Terms or the Website or Service, please contact us at info@quiettownhome.com.
Copyright © 2016 Quiet Town Inc. All rights reserved.