QuattroMega Inc. Terms of use

Thank you for visiting the QuattroMega Inc. (“QUATTROMEGA”) website. Our goal is to make your experience with QUATTROMEGA enjoyable and effortless. To assist us in that goal, we have created this Terms of Use Agreement, which explains our policies and what you can expect when visiting our website. Should you have any questions concerning any of our policies, we encourage you to contact us.

1. This Terms of Use Agreement (“Agreement”) is a legal contract between you and QUATTROMEGA that governs the terms under which you will be permitted to access the QuattroMega Inc. website (the “Site”) and/or use of the services provided on the Site. WHEN YOU ACCESS THE SITE, SUCH AS WHEN YOU READ ITS PAGES, DOWNLOAD ITS CONTENT, CREATE A USER ACCOUNT, PLACE AN ORDER FOR QUATTROMEGA PRODUCTS OR INTERACT WITH QUATTROMEGA REPRESENTATIVES, ETC., YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE INCORPORATED PRIVACY POLICY, AND ANY UPDATED VERSIONS AS MAY BE CREATED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CEASE ALL ACCESS TO AND/OR USE OF THE QUATTROMEGA WEBSITE.

2. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between QUATTROMEGA and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at +1 212 372 7744 .

3. CONSENT TO USE OF DATA; PRIVACY. At QUATTROMEGA, we understand your concerns about your private information. For that reason, we have created the QuattroMega Inc. Privacy Policy, (“Privacy Policy”), which is wholly incorporated into this Agreement. You can read the full terms of the Privacy Policy, as may be amended from time to time, by clicking here. You agree that QUATTROMEGA (or its agents) may collect and use the technical and personal data that it gathers solely to improve its products and your experience with the Site, its services and products. QUATTROMEGA will not disclose this information in a form that personally identifies you, except as otherwise provided in this Agreement or the incorporated Privacy Policy.

4. SITE CONTENT. All content included on the Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, scripts, service names and software, as well as the compilation of the content, is the property of QUATTROMEGA or of third parties from whom QUATTROMEGA has obtained a license for the content use, and is protected by United States and international intellectual property laws, including those involving copyright, trademark, and trade dress. You may not copy or use the content of the Site, in whole or in part, including but not limited to its copyright, trademark, trade dress and other intellectual property, without the express, written consent of QUATTROMEGA.

5. LICENSE AND SITE ACCESS. QUATTROMEGA grants to you a non-exclusive limited license to access and make personal non-commercial use of the Site. This license does not entitle you to any resale or commercial use of the Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any person other than you; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not reproduce, duplicate, copy, sell or otherwise exploit for any commercial purpose the Site or any portion of its contents or the QUATTROMEGA trademarks, including but not limited to, QUATTROMEGA™, WHC/MHC®, MHC™, WHC®, WHC HEALTH CONSULTING®, UNOCARDIO®, B-HADA III™, QUATTROCARDIO®, and QUATTRO3 + PS™, its trade dress, logo or other proprietary information without QUATTROMEGA’s express written consent. This prohibition includes the use of “framing,” “metatags,” or any application which make hidden use of the QUATTROMEGA website or its proprietary content.

You are, however, permitted to download, print or email any pages from the QUATTROMEGA website for your personal and non-commercial use and to share that information or content with your friends and family. You are also permitted a limited, revocable and non-exclusive right to create a hyperlink to QUATTROMEGA homepage, so long as the link does not disguise the QUATTROMEGA name or obscure the fact that QUATTROMEGA is the source of content, and does not portray QUATTROMEGA in a false, misleading, derogatory or otherwise offensive matter.

If you are under the age of 18, you must have the permission of your parent or guardian to access the Site or make use of its content, including the creation of User Account. Your parent or guardian must also agree to this Agreement on your behalf.

QUATTROMEGA reserves the right to refuse service, terminate accounts, or remove or edit content, including but not limited to, content that you provide to the site such as a product review or testimonial, in its sole discretion.

6. USER ACCOUNT. When visiting the Site, you will have the option to create a QUATTROMEGA User Account. The purpose of the QUATTROMEGA User Account is to streamline your experience with us. It is designed to help us serve you by saving information about you, your product preferences and purchase history. You will have the option of storing credit card or other information in your QUATTROMEGA User Account, so that you can avoid resending the information each time an order is placed. A QUATTROMEGA User Account will also allow you to see the status of your pending orders, view your saved shopping baskets and purchase history. Although you will be able to complete orders without a QUATTROMEGA User Account, you will not be able to take advantage of the streamlined and personalized shopping experience that a User Account offers.

When you create a User Account, you will be asked to create a name and password. You are in the best position to maintain the confidentiality of your User Account name and/or password and for restricting access to your computer or account. You will therefore be responsible for (a) the use of your information or access to the account by anyone with whom you share your information or authorize to use your account or b) any unauthorized use that results from your failure to protect the confidentiality of your User Account name and password.

7. PRODUCT INFORMATION. We are very proud of the products that we offer through the QUATTROMEGA Site. However, because of the technology used to represent those products on the Site, as well as the settings of your computer and monitor, there maybe occasions when the colors, texture or detail that you see on the screen may differ from the actual product. QUATTROMEGA therefore cannot guarantee that your monitor’s display of any color, texture or detail of the products will be accurate.

8. PRICES AND PAYMENT TERMS.
a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa,MasterCard,American,Express and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

9. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS. a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

10. PRODUCT REFUND/REPLACEMENT.

WE DO NOT REFUND OR REPLACE OUR DIETARY SUPPLEMENTS FOR ANY REASON OTHER THAN THAT THE PRODUCT WAS RECEIVED IN DAMAGED CONDITION OR IS DEFECTIVE. If you claim the product was received in damaged condition or is defective, we will, at our sole discretion, refund your purchase price or replace the product(s), less the original shipping and handling costs, provided such request is made within 30 days of shipment and is accompanied by a photograph of the damaged or defective product with an explanation as to the claim. To obtain a refund or replacement product, you must call +1 212 372 7744 or e-mail our Refund/Replacement Department at policy@quattromega3.com to obtain a Refund/Replacement Merchandise Authorization (”RMA”) number before you send us the basis for your request with a photograph of the damaged or defective product. No refunds or replacements of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed within approximately 10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS EXCEPT FOR AS NOTED HEREIN.

11. CHANGED TERMS. QUATTROMEGA is constantly striving to update and improve its products and services, including the Site. Accordingly, QUATTROMEGA reserves the right to amend, update or revise this Agreement or the incorporated Privacy Policy. In that case, the revised Agreement or Privacy Policy will be posted on the Site and will automatically come into effect upon posting. We encourage you to check back regularly to determine whether any revisions have been made, as your continued access and use of the Site will constitute your agreement to be bound by those terms.

12. DISCLAIMER OF WARRANTIES. You agree that access to the Site and the use of the services provided there are solely at your own risk. All Services are provided by QUATTROMEGA on an “as is” and “as available” basis. EXCEPT AS MAY BE OTHERWISE NOTED IN THIS AGREEMENT, QUATTROMEGA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. QUATTROMEGA DOES NOT MAKE ANY WARRANTY THAT ACCESS TO THE SITE OR THE SERVICES LICENSED HEREIN WILL MEET YOUR REQUIREMENTS OR THAT ACCESS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. QUATTROMEGA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR THE PRODUCTS SOLD THEREON. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUATTROMEGA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUATTROMEGA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, MISUSE OF OR INABILITY TO USE THE SITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE ARISING OUT OF THE USE, MISUSE OR UNAVAILABILITY OF THE SITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THE SITE OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF QUATTROMEGA, AND EVEN IF QUATTROMEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL QUATTROMEGA BE LIABLE FOR YOUR USE OR MISUSE OF THE SITE, SERVICES OR CONTENT PROVIDED IN CONNECTION HEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF QUATTROMEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR ANY SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND THE FULLEST EXTENT PERMITTED BY LAW.

15. EXCLUSIVE REMEDY. You agree that QUATTROMEGA’s sole liability and your exclusive remedy, in law, in equity or otherwise, with respect to the Products, Services or for any breach of this Agreement or the incorporated Privacy Policy is solely limited to the return of the amount paid by you to QUATTROMEGA.

16. DISPUTE RESOLUTION AND BINDING ARBITRATION.

a) YOU AND QUATTROMEGA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy and shall be initiated in New York, New York.

17. CHOICE OF LAW. This Agreement will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws rules.

19. YOUR CONDUCT. From time to time, there may be opportunities for you to communicate with others through the Site, including chat rooms, postings, emails, etc. You agree that you shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the rights of others. You also agree that you will not use lewd language, threaten physical or personal harm or otherwise engage in objectionable conduct while communicating with others through the Site, including QUATTROMEGA product representatives. QUATTROMEGA reserves the right to remove any material posted by you to the Site that QUATTROMEGA, in its sole discretion, believes is lewd, threatening, inappropriate, objectionable, unlawful, in violation of the rights of others or otherwise in breach of this Agreement. You shall indemnify QUATTROMEGA and its affiliates (including, but not limited to, its owners, employees, officers and agents) for all third-party claims, including reasonable attorney’s fees, resulting from your use of the Site.

20. WEBSITE ACCESSIBILITY. This website and its content are dynamic, and technology is constantly evolving. QUATTROMEGA strives to ensure that its website is useful, aesthetically pleasing and reasonably accessible to the widest audience possible. While we strive to make our website reasonably accessible to the widest audience possible, it is impossible to insure that unforeseen issues will not arise in the future. If you are having any specific difficulty using the QUATTROMEGA website, please contact QUATTROMEGA at support@quattromega3.com or pursuant to paragraph 21 (b), below. QUATTROMEGA welcomes any feedback on how to improve the website’s accessibility for users.

21. NOTICES.
a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.b) To Us To give us notice under these Terms, you must contact us as follows: (i) by email to policy@quattromega3.com; or (ii) by personal delivery, overnight courier or registered or certified mail to:

QUATTROMEGA INC.
590 MADISON AVENUE, 21ST FLOOR
NEW YORK, NEW YORK 10022.

We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Otherwise, notices will be effective three business days after they are sent.

22. FORCE MAJEURE. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

23. MISCELLANEOUS PROVISIONS.
a) If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the terms of the Agreement shall continue in full force and effect.b) This Agreement, the Privacy Policy and any expressly incorporated document represents the entire Agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or Agreements, written or oral.

c) Any waiver of any provision of this Agreement will be effective only if in writing and signed by QUATTROMEGA. The failure by QUATTROMEGA to enforce any provision of this Agreement or portion thereof does not act as a waiver or estop QUATTROMEGA from enforcement of the remaining terms.

d) The section headings appearing in this Agreement are inserted for convenience only and in no way define, limit, construe or describe the scope or extent of any section or, in any way, affect such section.

24. COPYRIGHT POLICY. Reporting Claims of Copyright Infringement.

a) QUATTROMEGA takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

RIVKIN RADLER LLP
Attn.: Nancy A. Del Pizzo, Esq. – re: QuattroMega Inc.
21 Main Street, Suite 158
Court Plaza South, West Wing
Hackensack, New Jersey 07601
nancy.delpizzo@rivkin.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

b) Counter-Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

 

Our designated agent to receive Counter-Notices is:

RIVKIN RADLER LLP
Attn.: Nancy A. Del Pizzo, Esq. – re: QuattroMega Inc.
21 Main Street, Suite 158
Court Plaza South, West Wing
Hackensack, New Jersey 07601
nancy.delpizzo@rivkin.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

c) Repeat InfringersIt is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.