Terms of Use

The QOR Club (the "Club") is operated by The QOR, LLC (referred to as "us", "we", "the Company" or "The QOR"). By accessing or using our Club, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a subscribing member of The QOR. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Club after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Club. It is your responsibility to regularly check the Club to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Description of Service

Subject to full compliance with the Terms of Use, The QOR may offer to provide certain services and content ("Services"), as described more fully on the Club website. Services shall include, but not be limited to, any service and content The QOR delivers to you, as well as the offering of any materials displayed, transmitted or performed on the Club or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips, also known as the "Content"). The QOR may change, suspend, or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. The QOR may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. Your Registration Obligations

As a condition to using Services, you are required to become a subscribing member of The QOR and to select a password. Members of The QOR will interact using their given names, not user names. You shall provide The QOR with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account with The QOR. You may not use the name of another person with the intent to impersonate that person. The QOR reserves the right to refuse registration of any person in its sole discretion. Services are available only to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register for or use the Services. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur and involve The QOR Club.

We will make our best efforts to protect your privacy. You can review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

3. User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by The QOR. By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other users of The QOR;

2. to post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;

3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of The QOR;

5. to create or submit unwanted email ("Spam") to any other users of The QOR or any URL;

6. to violate any laws in your jurisdiction (including but not limited to copyright laws);

7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, Clubs/blogs repurposing existing stories (source hops), or off-topic content;

8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access The QOR Club for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Club or any activities conducted on the Club; or (iii) bypass any measures we may use to prevent or restrict access to the Club;

9. with the intention of artificially inflating or altering 'The QOR Score' count, comments, or any other service of The QOR, including by way of creating separate user accounts for the purpose of artificially altering our Services; giving or receiving money or other remuneration in exchange for votes or any other benefit of any nature or description; or participating in any other organized effort that in any way artificially alters the results of Service of The QOR;

10. to advertise to, or solicit, any user to buy or sell any products or Services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

11. attempt to impersonate another user or person;

12. sell or otherwise transfer your profile.

The QOR may remove any Content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please contact us. You are solely responsible for your interactions with other users of the Club. The QOR reserves the right, but has no obligation, to monitor disputes between you and other users.

4. Content Submitted or Made Available for Inclusion on the Service

By submitting Content to The QOR, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at:

http://creativecommons.org/licenses/publicdomain/

and that you will not object to the use of the Content by The QOR in any context. To clarify, the above does not apply to the Content on external Clubs linked to by the original submission.

5. Proprietary Rights in Club Content; Limited License

All Content on the Club and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are proprietary to the Company, its users or its licensors, with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Club. Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet Club or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.

6. Trademarks

The QOR, The QOR Club, The QOR Club Round Table, QOR Score, The QOR Challenge and other QOR graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or protected proprietary marks of The QOR. The trademarks and protected proprietary marks of The QOR may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Accordingly you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Club.

7. Indemnity

You will indemnify and hold harmless The QOR, its affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and costs) from (i) any claim or demand made by any third party due to or arising out of your access to the Club, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or password, of any intellectual property or other right of any person or entity.

8. Warranty Disclaimers

You acknowledge that The QOR has no control over, and no duty to take any action regarding: which users gain access to the Club or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release The QOR from all liability for your having acquired or not acquired Content through the Club or the Services. The Club or Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The QOR makes no representations concerning any content contained in or accessed through the Club or Services, and The QOR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Club or the Services. THE SERVICES, CONTENT, AND CLUB ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Links

The Services may provide, or third parties may provide, links to other World Wide Web websites or resources. Because The QOR has no control over such websites and resources, you acknowledge and agree that The QOR is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The QOR 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 website or resource.

10. Limitation of Liability

IN NO EVENT SHALL THE QOR OR ITS CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE CLUB, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Termination

The QOR may terminate or suspend any and all Services and your account with or membership in The QOR immediately, without prior notice, or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services and notify The QOR. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind The QOR in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms of Use shall not be deemed a waiver of any further rights under these Terms of Use. The QOR shall not be liable for any failure to perform its obligations under these Terms of Use where such failure results from any cause beyond The QOR's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use are not assignable, transferable or sub-licensable by you except with The QOR's prior written consent. The QOR may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as if made within Massachusetts. Without limiting the right of The QOR to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrators shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Boston, Massachusetts, using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.