Terms & Conditions
Qual Life Systems Terms & Conditions
You have joined a dynamic group of individuals who are dedicated to improving their health and that of their family and friends while taking steps to improve their personal and financial well-being. Along the way, we’ll have a great time together and you will grow in ways you’ve probably never imagined. It may be days that are challenging but we are here for you every step of the way. What follows are Qual Life Systems's Terms & Conditions. They are the rules of the road for your independent Qual Life Systems™ business. By abiding by the letter and spirit of the rules, your business will stay on the right track.
This website is operated by QualLife.com. Throughout the site, the terms “we”, “us” and “our” refer to QualLife.com. Qual Life Systems offers this website, including all information, tools, and services available from this site to "You", the "user", conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall QualLife.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless QualLife.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Qual Life Systems LLC/ Qual Life Systemse.com reserves the right to take such action as it deems appropriate where the Site is used in a manner in which Qual Life Systems LLC/ Qual Life Systemse.com deems to be in violation of these Conditions of Use, including termination of your access to this site.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - EXCLUSIVE VENUE
QualLife.com is and shall remain the exclusive venue for the purchase and sale of any and all products available on QualLife.com. This is to insure the integrity of our brand and the quality and care in product efficacy and customer satisfaction.
SECTION 21 - (MAP) PRICING AND DISCOUNT RETAILERS
All Qual Life Systems products and services represented by any member must coincide and are limited to the established information currently available on QualLife.com. Minimum advertised pricing (MAP) is the lowest price a member/retailer can advertise the product for sale. Members are strictly prohibited from posting Qual Life Systems products for sale on any other websites... including but not limited to... Amazon.com, and Walmart.com...
SECTION 22 - SOCIAL MEDIA MARKETING
Qual Life Systems LLC /QualLife.com encourages you, the user, to share your personal experience on all forms of Social Media to represent the Qual Life Systems brand, without making claims pertaining to the cure, diagnosis, and treatment of any disease. Like all food supplements, the ingredients in Qual Life Systems products are intended to nutritionally support the body's own repair and restorative mechanism. Social Media links should be exclusively directed to the Affiliate's subdomain of the QualLife.com website to insure our brand integrity, our mission, and our commitment to customer care.
SECTION 23 - INCOME CLAIMS
Affiliates shall refrain from making income claims in their social media posts and marketing materials.
SECTION 24 - CHILDREN
We do not sell products and services for purchase by children. If you are under 18 years of age, you may not use the website without the involvement of a parent or guardian. We only sell products and services to those who are 18 and older and are in compliance with the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA sets forth rules and procedures that govern the way in which websites may collect, use and disclose the personal information of children.
SECTION 25 - AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS.
We offer certain products and services on an automatic or subscription basis, so you can save money and enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly, or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless or until you cancel, you authorize us to charge your payment method for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment method when the free trial period ends unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Physical products will be delivered to the address you provided during your initial purchase. Certain subscription services, such as the Qual Life Systems™ Academy are not physical products, and thus, are not shippable. Your automatic subscription will continue until you or we cancel your order. If there are any changes to your subscription terms, such as pricing, frequency, date of the charge, or any other items, we will take commercially reasonable efforts to inform you in writing of such changes. Any modifications or cancellations of your subscription must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
SECTION 26 - SOCIAL MEDIA & ONLINE CONDUCT
Affiliates rely heavily on social media as a tool to grow their business and share their passions. It is critical to remember that whether you do so by participating in a blog, video, Wiki, social network, or any other form of online publishing or discussion, social media is heavily regulated and includes the following set of rules and guidelines that Affiliates must follow.
* You Are Responsible for Postings - You are personally responsible for Your postings and all of your other online activity that relates to Qual Life Systems™. Therefore, even if You don’t manage or operate a blog or social media site, if You post to any site about Qual Life Systems™, You are responsible for the posting. You are also responsible for postings that appear on any blog or Social Media site that you manage or control even if someone else posts offending material on that site.
* Identification as an Independent Qual Life Systems™ Affiliate - You must disclose your full name on all social media postings, and conspicuously identify Yourself as an Independent Qual Life Systems™ Affiliate. Anonymous postings, blind ads, or the use of an alias are not permitted. This identification must be in the original post and not in a separate comment that could be covered up by subsequent comments, or in your details about yourself. Whenever you provide your personal opinion, you must clarify what is your opinion rather than a Qual Life Systems™ position with a statement such as “The postings on my site are my own and do not necessarily represent the position, strategy, or opinions of Qual Life Systems™ and its brands.”
* Sales and Enrollments from Social Media Sites are Prohibited - Online sales and/or enrollments may only be generated from Your Qual Life Systems™ replicated website. You must not use a social media site to accept orders or to attempt to sponsor or enroll prospective Affiliates. You must not use any social media site to explain the Qual Life Systems™ Compensation Plan or any component of it.
* Use of Third-Party Intellectual Property in Postings - As with content you use on your own website, if You use the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is Your responsibility to ensure that You have received the proper license to use it and have paid the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third party, and You must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
* Use of Trademarks. Affiliates shall not use, directly or indirectly, any of Qual Life System's / QualLife.com trademarks, trade names, product names, company names, images, service marks, logos, synonyms or homonyms thereafter or other intellectual property for any purpose without the express written consent of QualLife.com.
* Respecting Privacy - Always respect the privacy of others in your postings. As a member of the Qual Life Systems™ community, You should not engage in gossip or advance rumors about any individual, company, or competitive product or service.
* Professionalism - It is your responsibility to ensure that your postings are truthful and accurate. This includes any references you make to your title (Independent Qual Life Systems™ Affiliate), as well as any other professional credentials you maintain. Affiliates should not infer a professional qualification or certification they do not possess. In addition, this requires that You fact-check the material that you post. You should also carefully check Your postings for spelling, punctuation, and grammatical errors. Use of offensive language or inappropriate images is prohibited.
* Prohibited Postings - You may not make any postings or link to any postings or other material that:
• Is sexually explicit, obscene, or pornographic;
• Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
• Is graphically violent;
• Is solicitous of any unlawful behavior;
• Engages in personal attacks on any individual, group, entity; or
• Is in violation of this Agreement or any Qual Life Systems™ intellectual property rights or the rights of any third party.
* Responding to Negative Posts - Do not attempt to converse with someone who places a negative post against You, other Independent Qual Life Systems™ Affiliates, or Qual Life Systems™. You may report negative posts or your specific concerns to the Compliance department via email at info@QualLife.com. Responding to negative posts simply fuels a discussion with someone carrying a grudge who does not hold themselves to the same high standards as Qual Life Systems™, and therefore damages the reputation and goodwill of Qual Life Systems™.
* Social Media Sites with Website-Like Features - Because some social media sites are very robust, the distinction between a social media site and a website may not be clear-cut. Qual Life Systems™, therefore, reserves the exclusive right to classify certain social media sites as websites and requires that You adhere to the Company’s policies relating to independent websites if You use such social media sites.
* Promotion of Other Direct Selling Businesses Through Social Media - In addition to meeting all other requirements specified in these policies, if You use any form of social media in Your Qual Life Systems™ business, any postings related to Qual Life Systems™ or its products must link only to Your Qual Life Systems™ replicated website. If You create a business profile page on any social media site that promotes or relates to Qual Life Systems™, its products, or opportunity, the business profile page must relate exclusively to Your Qual Life Systems™ business and Qual Life Systems™ products. If Your Qual Life Systems™ business is canceled for any reason, You must immediately deactivate the business profile page and any other links to it or your Qual Life Systems™ business.
Failure to comply with these guidelines can not only lead to suspension or termination of your Team Qual Life Systems™ Affiliate position but could also lead to direct action against you by the Federal Trade Commission (FTC), your state’s Attorney General, or other regulatory agencies.
Affiliates who are contacted directly via email, text, phone, or some form of social media by a Qual Life Systems™ customer requesting no further contact or solicitation are obligated to remove that customer from future communications (including emails, Facebook posts, and other means of social media). To remain compliant, Affiliates must label any customer that requests not to be contacted as “Do Not Contact” in the Affiliate Back Office.
No Affiliate may use any electronic tools or forums or websites provided by Qual Life Systems™ (including social media pages hosted by Qual Life Systems™) to advertise, promote, solicit, or otherwise conduct any third-party businesses, activities, and/or any other third-party business opportunities at any time. In addition, Affiliates may not use these third-party forums to advertise their Qual Life Systems™ business, offer Qual Life Systems™ products for sale, or recruit Affiliates into their organization.
SECTION 27 - DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
Disputes. The terms of this Section shall apply to all Disputes between you and Qual Life Systems™. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Qual Life Systems™ arising under or relating to any Qual Life Systems™ Services, Qual Life Systems™’s websites, these Terms, or any other transaction involving you and Qual Life Systems™, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Qual Life Systems™ AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Qual Life Systems™ FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of these four exceptions.
Binding Arbitration. You and Qual Life Systems™ further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) in the U.S. or applicable provincial or territorial Arbitration Act in Canada governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court’s jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Qual Life Systems™ must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Qual Life Systems™ must be addressed to Qual Life Systems™, 1449 Old Liberty RD, Asheboro, NC 27203 U.S.A., Attn.: Chief Legal Officer (the “Qual Life Systems™ Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Qual Life Systems™ and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Qual Life Systems™ may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND Qual Life Systems™ AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL, STATE OR PROVINCIAL CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND Qual Life Systems™ AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
Arbitration Procedure. If a party elects to commence an arbitration, the arbitration shall be governed by: in the U.S., the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms except that JAMS as applicable, may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, provincial, territorial, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court shall determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in the U.S.
Initiation of Arbitration Proceeding. If either you or Qual Life Systems™ decides to arbitrate a Dispute, we agree to the following procedure:
Write a Demand or Notice: If in the U.S., write a Demand for Arbitration. The demand must include a description of the Dispute and the number of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”). Send three copies of the Demand for Arbitration or Notice to Arbitrate, plus the appropriate filing fee, to JAMS. 707 Wilshire Blvd, 46th Floor, Los Angeles, CA 90017, U.S.A.
Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Qual Life Systems™ or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Qual Life Systems™ is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
Arbitration Fees. Qual Life Systems™ shall pay, or (if applicable) reimburse you for all JAMS filing, administration and arbitrator fees for any arbitration commenced (by you or Qual Life Systems™) pursuant to provisions of these Terms. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
Opt-out. You may elect to opt out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the Qual Life Systems™ Notice Address within thirty (30) days of your initial assent to these Terms (including your first purchase of any Qual Life Systems™ Service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt out consistent with the procedure set forth above, all other terms shall continue to apply.
Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Qual Life Systems™ agree that if Qual Life Systems™ makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Qual Life Systems™’s address) in these Terms, Qual Life Systems™ will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Qual Life Systems™ Notice Address within thirty (30) days of Qual Life Systems™’s notification that specifies: (i) your name; (ii) your mailing address; and (iii) your request to opt-out of such amendments. If you affirmatively opt out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt out of any future amendments, you will be deemed to have consented to any such future amendments.
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent by filling out the contact form on our Contact Us page or emailing info@QualLife.com.