Terms of Service
QUILL & CUE TERMS OF SERVICE
Updated November 1, 2021
OVERVIEW
This website is operated by VCHA, LLC DBA Quill and Cue and Quill & Cue (“VCHA”). Throughout the site, the terms “we”, “us” and “our” refer to VCHA. VCHA 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 and on the site.
By visiting our site and/or purchasing something from us, you engage in our “Service” and represent that you have read 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
Our site is not intended for use by those under the age of 18. By agreeing to these Terms of Service, you represent that you are 18 years of age or older.
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 may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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 written 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 – LICENSE GRANT AND RESTRICTIONS
We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the site and its services solely in accordance with these Terms. Except as provided in this Section, you obtain no rights under this agreement from us or our licensors to the site and services, including any related intellectual property rights.
You may not use the site in any manner or for any purpose other than as expressly permitted by these Terms. You may not attempt to: (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software, programs, or apps corresponding with the site, (b) reverse engineer, disassemble, or decompile the site or apply any other process or procedure to derive the source code, executable code or program of any software, programs or apps included or corresponding with the site, (c) access or use the site in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense use of the site or remove any proprietary notices or labels on the site. All licenses granted to you in this agreement are conditional on your continued compliance with these Terms, and will immediately and automatically terminate if you do not comply with any Terms. You will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the site or any of our services you have used.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if 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, at our sole discretion, to modify or replace these Terms or 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 5 – 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 6 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
With regard to the display of colors and images of 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 anytime without notice, at the 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.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
SECTION 7 – RECURRING BILLING, AUTOMATIC RENEWAL, PROMO/DISCOUNT CODES, REFUNDS, CANCELATION, AND ONE-TIME CHARGES
Fixed-term gift subscriptions are charged as a fixed, one-time charge.
With the exception of fixed-term gift subscriptions, subscriptions do not expire after a certain term. Your subscription will continue on a recurring monthly basis unless and until you cancel your subscription. Your payment method will be charged on a recurring monthly basis unless and until you cancel your subscription.
If you submit a promo/discount code at checkout, the promotional amount will be deducted from your total. Once the promo/discount code period ends and/or the full promo/discount amount has been deducted from your total, your subscription will continue on a recurring monthly basis and your payment method will be charged on a recurring monthly basis at the regular subscription price, unless and until you cancel your subscription.
For recurring subscriptions, your payment method will be charged the day you subscribe, and then on the same numerical date each subsequent month, unless you subscribe at the end of a month that has more days than other months, in which case you will be charged the last day of subsequent months. To view your Order History, please login to your account and review Order History. You can also click “Manage Subscription” and then “Transaction history” for more details.
You must cancel your subscription at least one day prior to the date on which your payment method will be charged. To cancel your subscription, login to your account, click “Manage Subscription”, then “View Details” on the subscription you wish to cancel, then scroll down to click “Cancel Subscription”.
You authorize us and/or our vendor(s) to process and collect your payments submitted in connection with your subscription purchase. You authorize us to continue attempts to charge your payment method if there are errors or issues in the processing of your payment.
Subscriptions and/or products are not available for return and are non-refundable.
SECTION 8 – 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.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Our site may contain links to third-party websites or services that are not owned or controlled by VCHA. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that VCHA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services. 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 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or you send creative ideas, ideas, suggestions, proposals, plans, feedback, survey responses, or other materials, whether online, by email, by postal mail, by survey, 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 or any way any comments that you provide 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. When you submit comments to us, you agree that we shall own the sole right and title to all intellectual property rights associated with such comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is 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 other 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 12 – ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 13 – PERSONAL INFORMATION
For use and processing of personal data of users of the site, please see the Quill & Cue Privacy Policy which is available on the site. You agree to comply with the terms of our Privacy Policy.
SECTION 14 – 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 15 – 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 16 – COPYRIGHT, TRADEMARK, PATENTS
The content included on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data or data compilations, and software, is the property of VCHA and/or its vendors/suppliers and/or licensors and protected by United States and international copyright laws. The compilation of content on the site is the exclusive property of VCHA and/or its vendors/suppliers and/or licensors and protected by United States and international copyright laws. All software, programs, and apps used on the site are the property of VCHA and/or its vendors/suppliers and/or licensors and are protected by United States and international copyright laws. VCHA’s trademarks may not be used without authorization. Further, Quill & Cue and Quill and Cue trademarks or confusingly similar marks may not be used on products or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VCHA, Quill & Cue, or Quill and Cue.
SECTION 17 – 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 OR GUARANTEE THAT THE PRODUCT(S) YOU RECEIVE WILL BE THE ITEM(S) PICTURED.
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 VCHA, OUR OWNERS, 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.
YOU AGREE THAT OUR MAXIMUM TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNTS YOU HAVE ACTUALLY PAID US IN THE SIX (6) MONTHS PRIOR TO WHEN YOUR CLAIM AROSE. YOU AGREE THAT AT NO TIME SHALL WE BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless VCHA and our owners, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including 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 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be invalid, 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – 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.
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).
We may terminate or suspend access to our site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination.
SECTION 21 – 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 in respect to the Service constitutes 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 and/or Terms of Use).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – 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 state of Minnesota, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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. These Terms may be amended, modified, or replaced by other terms and conditions, e.g., for the purchase of products and services.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@quillandcue.com or 5500 Nicollet Ave #19585, Minneapolis, MN 55419, or call us at (612) 547-8848.