TERMS OF SERVICE

Effective April 1, 2018

INTRODUCTION

Thank you for visiting CulturedQuotes.com (the “Website”), which is owned and operated by Cultured Quotes, LLC (“Cultured Quotes” or “we” or “us”). These Terms of Service (the "Terms") apply to your use of the Website and, unless otherwise indicated, your use all other websites and services linked to or accessible from the Website that are also owned or operated by Cultured Quotes or Cultured Quotes’ subsidiaries and affiliates.

Where used in these Terms, “you,” “your” and similar words mean the visitor to and/or user of the Website. Provided that you fully comply with these Terms and agree to be bound by them in all respects, Cultured Quotes grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS IN FULL AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE AND YOU MUST LEAVE THE WEBSITE IMMEDIATELY.

You must be at least 13 years old to use the Website. By using the Website, you represent to us that you are over the age of 13 and are at least the age of majority in your jurisdiction (which, in most jurisdictions, is 18). If you are not competent to enter into the contract created by these Terms (because you are a minor or for any other reason), then you may not use or access the Website.

Other written agreements may be apply to your relationship with Cultured Quotes, including but not limited to the Privacy Policy, Membership Terms and Shipping and Refund Policy, each of which is incorporated into these Terms. These Terms do not replace, amend or supersede any other written agreement or document unless otherwise expressly indicated herein or in such other written agreement or document

Cultured Quotes reserves the right, at its sole discretion, to change, modify, add or remove some or all of these Terms at any time and without prior notice to you. The Terms are posted on the Website and reflect the then-existing Terms. It is your responsibility to review these Terms periodically for any amendments to these Terms. Your continued use of the Website following any amendments to these Terms means that you accept and agree to the amendments.

Notwithstanding your acceptance of and agreement to these Terms, your access to the Website and to any portions thereof is and will remain at the sole and absolute discretion of Cultured Quotes. Cultured Quotes may temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of the Website and to any of the services provided on the Website for any reason, all at our sole and absolute discretion, with or without notice and without liability to Cultured Quotes. These Terms will continue in effect and are binding upon you even if the Website or your access to the Website is terminated or suspended.

The Website uses technologies that monitor and track use of the Website and collect other non-personal information about you. By using the Website, your personal information (including any contact information and payment details that you provide to us) and your non-personal information will be collected, retained and used in accordance with our Privacy Policy. More information regarding our use of personal information can be found in our Privacy Policy.

All questions about these Terms should be directed to [email protected]

PERMITTED AND PROHIBITED USES

You may use the Website and the content of the Website only as expressly permitted by these Terms unless we provide you with written authorization. Among other things, all of the following actions and conduct are expressly prohibited:

  • You may not attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any server related to the Website.
  • You may not attempt to enter any portion of the Website by hacking, password mining or any other illegitimate means.
  • You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy or monitor any portion of the Website.
  • You many not reproduce or circumvent the navigational structure or presentation of Website.
  • You may not obtain or attempt to obtain any materials, documents or information through any means other than as intended by Cultured Quotes.
  • You may not probe, scan or test the vulnerability of the Website or of any network connected to the Website.
  • You may not breach the security or authentication measures on the Site or any network connected to the Site.
  • You may not reverse lookup, trace or attempt to trace any information belonging to or concerning any other user of or visitor to the Website or exploit the Website or any service or information made available or offered by or through the Website, so as to obtain or reveal information belonging to or concerning any other user of or visitor to the Website, including but not limited to personal identification or information, other than your own information.
  • You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on Cultured Quotes’ systems, servers or networks, or any systems, servers or networks connected to the Website.
  • You may not use any device, software or routine to interfere or attempt to interfere with the proper operation and function of the Website, with any transaction conducted on the Website or with any other person’s use of the Website.
  • You may not forge headers or otherwise manipulate identifiers so as to disguise the origin of any message or communication that you send to Cultured Quotes on or through the Website. You may not claim to be another person, misrepresent your identity or impersonate any other person.
  • You may not use the Website for any purpose that is illegal under the laws, regulations or ordinances of any applicable jurisdiction or that infringes upon the rights of others, including but not limited the rights of Cultured Quotes in and to its intellectual property.
  • You may not possess, use, reproduce, distribute, publish, display, broadcast, perform, adapt, translate or make derivates of the Website content.
  • You may not remove or modify any copyright notice or attribution of authorship. You may not claim to own or posses any right, title or interest in the Website content or any copy, reproduction or derivative thereof.
  • We may take legal action against you if you use this Website or the content of this Website for any purpose that is not expressly permitted (including but not limited to the prohibited actions and conduct listed above), and you will be liable to us for all of the damages, losses and expenses resulting in whole or in part from your violation of these Terms.

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CULTURED QUOTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU AND/OR FROM ANY ACTION, ERROR OR OMISSION BY YOU RELATED TO THE WEBSITE OR ITS CONTENT (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS AND NEGLIGENT OR WRONGFUL CONDUCT).

    DISCLAIMERS AND LIMITATION OF LIABILITY

    THE WEBSITE AND THE CONTENT OF THE WEBSITE ARE PROVIDED ON AN "AS IS,” “WHERE IS,” AND AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, UPTIME, RELIABILITY OR ACCURACY. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ARE MADE THAT THIS WEBSITE AND CONTENT WILL BE VIRUS-FREE, MALWARE-FREE OR FREE OF OTHER DISABLING CODE. CULTURED QUOTES DOES NOT PROMISE THAT THE WEBSITE OR THE CONTENT OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE ANY SPECIFIC OUTCOME OR PARTICULAR RESULT.

    THE CONTENT OF THE WEBSITE DOES NOT CONSTITUTE ADVICE, ENDORSEMENT OR RECOMMENDATION BY CULTURED QUOTES OF ANY PARTICULAR PRODUCT OR SERVICE AND IS NOT INTENDED TO BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) OR OTHERWISE INFLUENCING ANY ACTIONS OR DECISIONS.

    CULTURED QUOTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS WILL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CULTURED QUOTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. CULTURED QUOTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS WILL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. CULTURED QUOTES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST CULTURED QUOTES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT OF THE WEBSITE IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF YOUR RIGHTS AND REMEDIES IS AN INTEGRAL PART OF THE BARGAIN BETWEEN THE PARTIES.

    The above disclaimers apply to all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    The above disclaimers apply to all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    If you are a California resident, you hereby waive the requirements of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

    Cultured Quotes intends, and you acknowledge and agree, that the above disclaimers are intended to be broadly construed to limit the liability of Cultured Quotes to the fullest extent permitted by applicable law. Nevertheless, in the event that any of the above disclaimers are found to be unenforceable, then the remaining disclaimers will continue in force and effect and will be construed as broadly as possible to effectuate the intent of the parties, which is to limit Cultured Quotes’ liability.

    ACCURACY OF INFORMATION

    Cultured Quotes is not responsible for any Website content that is not accurate, complete or current, and Cultured Quotes does not warranty or guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website. You acknowledge that such information and materials may contain inaccuracies or errors, and Cultured Quotes expressly disclaims liability for any such inaccuracies or errors to the fullest extent permitted by law.

    The Website content 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.

    All information provided on the Website regarding any products or services (including product descriptions, promotional videos, blog posts and instructions) is for informational purposes only. You should not take any action based upon any information contained on the Website. Cultured Quotes does not provide professional advice, and the Website content is not a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. Cultured Quotes is not liable for any misuse or misapplication of any information or product found on the Website.

    Except as may be expressly indicated, no statement, claim or representation on the Website has been approved, accepted or evaluated by any third party or by agency, association or regulatory body. The Website consent includes opinions and subjective representations, and your own experience or opinion may differ from those appearing on the Website.

    All descriptions, images, references, features, contents, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience only. The inclusion of products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to determine and comply with all applicable laws, regulations and ordinances applicable to any product or service offered by the Website or purchased from Cultured Quotes.

    Cultured Quotes has no obligation to update, amend or clarify the content of the Website, except as may be required by law.

    ORDERS AND PAYMENTS

    Shipping and refunds are governed by the Shipping and Refund Policy posted on the Website and which is incorporated in these Terms. All orders are subject to the Shipping and Refund Policy in effect at the time an order is placed. The Shipping and Refund Policy may be changed from time to time, at Cultured Quotes’ sole and exclusive discretion.

    If you sign up for a monthly membership, then the terms of your membership are governed by our Membership Terms, in addition to these Terms.

    By placing an order on the Website, you agree to accept and pay for the item(s) ordered. Items may be ordered from the Website for personal purposes only and not for resale or further commercial distribution.

    Cultured Quotes may charge your credit card or other payment method immediately upon placing your order. Cultured Quotes may request a pre-authorization for credit card or debit card purchases. Your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. If you purchase a monthly membership, then you agree to the recurring monthly membership charges described on the Website and/or in our Membership Terms, and you agree that we may charge your credit card for recurring membership fees (without additional authorization from you) until you cancel your membership in accordance with our Membership Terms.

    You must provide complete, truthful and accurate billing information. Cultured Quotes reserves the right to request additional information as may be necessary for Cultured Quotes to determine, in its sole and exclusive discretion, the completeness, truthfulness and accuracy of any information provided by you.

    Certain payments for Website orders may be processed by an affiliate of Cultured Quotes, and your payment information may be shared with our affiliates for that purpose. Your payment information will not otherwise be used or disclosed except as described in our Privacy Policy.

    Your purchase price or membership fee will include the price of the product ordered plus any applicable sales tax. We generally charge tax only in states with laws, regulations or ordinances that require us to do so. Sales tax is based on the shipping address and the sales tax rate in effect at the time we process your payment. In jurisdictions where we do not collect and pay sales tax, you may be obligated to pay a use tax. Cultured Quotes makes no representations or warranties regarding the imposition of use tax in connection with any purchase made on the Website and we are not liable for any use tax or for your failure to report and/or pay use tax. You are responsible for determining whether use tax may be due in your jurisdiction, and, if necessary, reporting and/or paying use tax.

    Cultured Quotes reserves the right to refuse or cancel any order for any reason or no reason, including but not limited to stock limitation, inaccuracies, errors in product or pricing information or concerns about the completeness, truthfulness and accuracy of any information provided by you. Cultured Quotes reserves the right to cancel any orders containing pricing errors, whether before or after your receipt of an order confirmation or shipping notice. Cultured Quotes reserves the right to limit or prohibit orders that, in Cultured Quotes’ sole and exclusive discretion, appear to be placed by dealers, resellers or distributors. If your order is canceled after your credit card or other payment method has been charged, Cultured Quotes will issue a credit or refund in the amount of the charge.

    We may offer, or partner with third parties to offer, product samples or discounts on the Website. To be eligible for a sample, you may be required to sign up and/or provide certain personal information. You may not attempt to secure more than one of each sample product or discount and only one sample product or discount will be provided per household, as determined by us in our sole and exclusive discretion. We reserve the right to suspend, terminate or modify your account and/or your access to the Website if you attempt to obtain samples or discounts in violation of these Terms.

    We may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may, at our sole and exclusive discretion, reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right, at our sole and exclusive discretion, to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

    THIRD PARTY PRODUCTS AND SERVICES

    Cultured Quotes uses third party vendors to process certain payments and to fulfill orders placed on the Website. Cultured Quotes is not liable or responsible for the products and services of third parties and/or for any person or entity not under the direct control and supervision of Cultured Quotes. Cultured Quotes has no control over the products manufactured by or services rendered by any such third parties, and makes no promises, representations or warranties whatsoever about any such products or services. Cultured Quotes is not responsible for or liable for any actions, errors or omissions of third parties.

    The Website may also include links to websites owned and operated by third parties. These links are provided for your convenience only to provide further information. The fact that a link appears on the Website does not signify that Cultured Quotes owns, operates, controls approves or endorses the linked website, and Cultured Quotes is not responsible for your use of any linked website or any purchases, outcomes or results associated with any linked website.

    INTELLECTUAL PROPERTY

    The Website contains certain intellectual property owed by or licensed to Cultured Quotes, including but not limited to all trademarks, service marks and logos, all photographs, illustrations and other images and all content the design, layout, look and appearance of the Website (all of which is referred to herein as “IP”). Cultured Quotes is the owner or licensee of all IP, and your use of the Website does not convey and rights in the IP to you. You are permitted to use and reproduce the IP only as expressly set forth herein. Cultured Quotes’ IP may not otherwise be copied, imitated or used, in whole or in part, without prior written permission. Unauthorized use of Cultured Quotes’ IP may result in civil and criminal penalties.

    The Website contains certain intellectual property owed by or licensed to Cultured Quotes, including but not limited to all trademarks, service marks and logos, all photographs, illustrations and other images and all content the design, layout, look and appearance of the Website (all of which is referred to herein as “IP”). Cultured Quotes is the owner or licensee of all IP, and your use of the Website does not convey and rights in the IP to you. You are permitted to use and reproduce the IP only as expressly set forth herein. Cultured Quotes’ IP may not otherwise be copied, imitated or used, in whole or in part, without prior written permission. Unauthorized use of Cultured Quotes’ IP may result in civil and criminal penalties.

    If you believe that material or content on or accessible through the Website infringes your, you must send a notice of copyright infringement to Cultured Quotes’ designated agent, Ryan P. Siney, Esquire, by email to [email protected] Your notice must contain (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) an identification of works or materials being infringed; (iii) an identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Cultured Quotes is capable of finding and verifying its existence; (iv) contact information about the person providing the notice, including address, telephone number and, if available, email address; (v) a statement that the person providing the notice has a good faith belief that the presence on the Website of the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the person providing the notice is authorized to make the complaint on behalf of the copyright owner.

    TERM, TERMINATION AND SURVIVAL

    These Terms will become effective and binding immediately upon your access or use of the Website and will continue in effect until Cultured Quotes terminates these Terms, which it may do at any time and for any reason or no reason and with no notice. Although you may stop accessing and using the Website at any time for any reason, you may not terminate or cancel these Terms. All terms, conditions and obligations of these Terms will survive termination or expiration of these Terms for any reason and will continue in full force and effect indefinitely.

    INTERPRETATION

    These Terms (including the additional agreements and policies incorporated herein) are a contract entered into in the Commonwealth of Pennsylvania and will be construed pursuant to the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles.

    The headings herein do not define, limit, expand or describe the scope or intent of any term or provision. If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it will be severed from these Terms, and the remaining Terms remain in full force and effect. The failure of Cultured Quotes to enforce any provision of these Terms will not be construed as a present or future waiver of such provision. No course of dealing, nor any conduct or custom, between any of the parties will be effective to amend, modify or change any of the provision of this Terms.

    Cultured Quotes may transfer, assign or delegate these Terms, along with Cultured Quotes’ rights and obligations herein, to any other party with no notice and without your consent. You may not transfer, assign or delegate any of your obligations hereunder.

    DISPUTES

    Our goal is to provide superior customer service and to keep all of our customers happy. Please contact us at 1 (855) 825-9898 or [email protected] if you are aware of any dispute or claim arising from your use of the Website or from any order placed at the Website. We will take prompt and reasonable efforts to resolve all disputes or claims.

    These Terms, along with the other written agreements or documents referenced herein, will apply to any and all disputes or claims arising between you and Cultured Quotes. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or that relate to the subject matter hereof (including the additional agreements and policies incorporated herein) must be brought and heard in the state and federal courts located in and for the Commonwealth of Pennsylvania. Both parties irrevocably consent to the jurisdiction of and venue in such courts, and waive all claims or defenses based on lack of personal jurisdiction, improper venue, forum non conveniens or the like with respect to any action brought in the state and federal courts located in and for the Commonwealth of Pennsylvania.