Terms and Conditions
Last Updated: These Terms and Conditions were last revised on May 25th, 2017.
Chrono Q12, maker of all products sold on the Chrono Q12 website at www.ChronoQ12.com and other sites where these terms and conditions are posted (each, the “Site”), maintains this Site for your personal information, education, and communication. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. Your use of this Site and/or purchase or use of any Chrono Q12 products constitutes your agreement to these terms and conditions. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE “TERMS AND CONDITIONS” HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Chrono Q12 agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User Submissions, these Terms and Conditions, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Chrono Q12’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section (D) below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section (A). Your notice to us must be sent to: Chrono Q12, 8008 163rd street, Edmonton, Alberta, Canada, T5R 2N3(Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Chrono Q12 and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Chrono Q12 to resolve the Dispute or Excluded Dispute on terms with respect to which you and Chrono Q12, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section (A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND CHRONO Q12 MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, APPLICATION, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY – AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between Chrono Q12and you regarding these Terms and Conditions and the Site, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Chrono Q12 and you agree, however, that California or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Chrono Q12 regarding these Terms and Conditions and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to California’s choice of law principles.
A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Chrono Q12 to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Chrono Q12 will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms and Conditions, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms and Conditions or the Site. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION (A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable (a) by delivery of written notice as set forth above in Section (A); (b) filing for arbitration with the AAA as set forth in Section (B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
D. Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by Chrono Q12 to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User Submissions and/or Chrono Q12’s intellectual property rights (including such Chrono Q12 may claim that may be in dispute),Chrono Q12’s operations, and/or Chrono Q12’s products or services.
E. No Class Action Matters. YOU AND SNOREFIX™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G). Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
G. Federal and State Courts in Los Angeles County, California. Except where arbitration is required as above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles County, California. Accordingly, you and Chrono Q12 consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Terms Applicable to Purchases from Chrono Q12
A. Generally. To purchase products or services from the Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Chrono Q12 will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
B. Product Representations. Chrono Q12 reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Chrono Q12 takes reasonable precautions to try to ensure that the prices quoted on the Site are correct, and to describe the items available on the Site as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Chrono Q12 does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Site will match the actual product that you receive. If a product described on the Site is not as described when you receive it, or the packaging on the Site does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is posted on the Site. Chrono Q12’s descriptions of, or references to, products not owned by Chrono Q12 do not imply endorsement of that product, or constitute a warranty by Chrono Q12.
C. Shipping and Risk of Loss. Chrono Q12 will add applicable shipping and handling fees to your order. Unless otherwise noted, Chrono Q12 will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Chrono Q12 may provide delivery or shipment timeframes or dates, you understand that those are Chrono Q12’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Chrono Q12™ will use reasonable good faith efforts to contact you. If Chrono Q12™ cannot contact you or you no longer wish to receive the item, Chrono Q12 will cancel the order and promptly refund the amount tendered and will do so within 7 business days if made using a third-party credit card, such as a Visa or Mastercard. Chrono Q12 shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Chrono Q12 may reject orders where the stated delivery address is outside the United States.
D. Promotional Offerings. We may offer promotional offerings to try our products and services for a limited time at special discounted prices. If you sign up for promotional use, your rights to use the product or service are limited by the terms of such promotional offering and will terminate or renew on the terms of your promotional arrangement and/or any applicable Additional Terms. Please be aware that when you sign up for a promotional offering, you will be required to provide your credit card number and Chrono Q12 will confirm your credit card is valid. When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
E. Methods of Payment, Credit Card Terms and Taxes. All payments must be made through a credit or debit card or other payment mechanism we accept at the time you sign up. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT Chrono Q12, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Chrono Q12 of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Chrono Q12 does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Chrono Q12 or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Chrono Q12 shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
F. Refund Policy. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE’S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY, AVAILABLE AT www.ChronoQ12.com.
G. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Chrono Q12 reserves the right at any time after receipt of your order to accept or decline your order for any reason. Chrono Q12 further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Chrono Q12 upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Chrono Q12 has been effected until you receive a confirmation from Chrono Q12 via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
I. No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Chrono Q12 shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from Chrono Q12 is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
J. Modifications to Prices or Billing Terms. The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. Chrono Q12 RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
WAIVER OF INJUNCTIVE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SNOREFIX™ (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF Chrono Q12.
This Site is provided by Chrono Q12, and these Terms and Conditions provide to you (identified herein as “you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site for non-commercial purposes only, conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Chrono Q12. Nevertheless, your use will be subject to these Terms and Conditions.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE OR THE PROVISION OF MEDICAL SERVICES
The content of this Site and information provided to in response to a request made or question presented or survey completed by you (the “Information”) is for informational purposes only. The Information is not intended to diagnose, treat, cure or prevent any disease and is not meant to be a substitute for any medical device, medicine, treatment or professional medical advice. The Information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and health care topics and is not specifically applicable to any individual’s medical problems, concerns and/ or needs. Any action you take on the basis of the Information provided is solely at your own risk and expense.
THIS SITE IS INTENDED FOR ADULTS
You should be aware that this Site is not intended or designed to attract anyone under the age of 18. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence), whichever is older.
You will have the opportunity through our Site to e-mail us with any questions you may have for our featured expert regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. Chrono Q12 and the experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment. Any information provided by our experts is for informational purposes only and shall not be construed as medical advice. Neither Chrono Q12 nor any of the experts featured on the Site shall be liable for any information provided in response to a request.
RESTRICTIONS ON USE OF MATERIALS
These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Chrono Q12, transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of Chrono Q12, or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names show on this Site are proprietary to Chrono Q12, or its affiliates and/or third-party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Chrono Q12, or its affiliated companies and/or third-party licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third party content (see discussion below under the heading “Third Party Content Providers”), you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any Chrono Q12, server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or Chrono Q12’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Chrono Q12, on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Chrono Q12. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Chrono Q12. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Chrono Q12, cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail, except under agreement as provided under our Affiliate program. Chrono Q12 reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of Chrono Q12, or the respective owner of the trademark.
LIMITATION OF LIABILITY AND DISCLAIMER
The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted via a medium over which Chrono Q12 has no control or jurisdiction. Therefore, Chrono Q12 does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an “As Is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, Chrono Q12, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. Chrono Q12 does not warrant that the Information contained on this Site will be uninterrupted or error-free, or that defects will be corrected. Chrono Q12, makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Chrono Q12, reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) Chrono Q12, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph, name or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Chrono Q12 may sublicense its rights through multiple tiers of sublicenses.
If you participate in a chat area, message or discussion board, forum, or e-mail function from this Site or submit your success story or testimonial for publication on our Site (“Public Areas”) you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Chrono Q12 is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. Please keep in mind that whenever you give out personal information online for example, via message boards or chat areas on this Site that information can be collected and used by people you don’t know. While Chrono Q12, strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Although Chrono Q12, may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, Chrono Q12, is under no obligation to do so and assumes no responsibility or liability arising from such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such materials on this Site. You agree that if you use any Public Areas, you must not:
- violate any local, state, national or international laws;
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any intellectual property right of others or the privacy or publicity rights of others;
- post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
- advertise or sell to or solicit others;
- use the Public Areas for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component;
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- impersonate another person or post or transmit information anonymously or under a false name;
- collect information about others, including email addresses, without their consent;
- post chain letters or pyramid schemes;
- allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
- after receiving a warning, continue to disrupt the normal flow of dialogue in any Public Area;
- post the same note more than once or “spamming”;
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which in the judgment of Chrono Q12, exposes Chrono Q12, or any of its customers, licensors, or suppliers to any liability or detriment of any type.
Chrono Q12 does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. However, we reserve the right (but not the obligation) to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating users access to the Public Areas or the Site. Chrono Q12, has no liability or responsibility to users of this Site or any other person or entity for performance or nonperformance of any such activities.
ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Chrono Q12 reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Chrono Q12 will also comply with all court orders involving requests for such information. In addition to the foregoing, Chrono Q12 reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, Chrono Q12, or Chrono Q12’s business.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from Chrono Q12 pages that take you outside of our service. For example, if you “click” on a banner advertisement or a link, the “click” may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third-party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third party sites to this site.
TERMINATION OF ACCOUNT
These Terms and Conditions will take effect at the time you click “SUBMIT ORDER”, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Chrono Q12, reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Chrono Q12, shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Chrono Q12, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Chrono Q12’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law will survive the termination of these Terms and Conditions for any reason.
You agree to indemnify, defend and hold Chrono Q12 and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including, without limitation, reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to Chrono Q12 such injury would not be quantifiable in monetary damages, and Chrono Q12 would not have an adequate remedy at law. You therefore agree that Chrono Q12 shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Chrono Q12 post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Chrono Q12 to enforce any provision of these Terms and Conditions.
Unless otherwise specified, the Information is presented solely for, and any coupons, promotions and programs are offered only to, residents of the 50 United States of America. In addition, any contests or sweepstakes offered are offered only to residents of the 50 United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You can contact us via email at email@example.com. Please have information ready for the representative that will help us identify your account so we can assist you with your inquiry or request.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Chrono Q12 of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Chrono Q12 or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.
California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.