TERMS OF USE

TERMS OF USE

WELCOME TO THE GPQ SRL US WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GPQ SRL REGARDING YOUR USE OF THE WEBSITE.

These are official terms and conditions (“Terms of Use“) and form a legally binding agreement between you and GPQ srl (“GPQ”, “we”, “us”, or “our“) regarding your use of the GPQ-US Internet Site located at http://www.wiqo.us/home/, as well as the associated Web pages, features and functions made available by GPQ, SRL (individually and collectively, the “GPQ-US Site“).

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE GPQ-US SITE.
The GPQ-US Site is offered and made available only to users 18 years of age or older or have reached the age of majority in the jurisdiction in which you live or reside. If you are not yet 18 years old or have not reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view the GPQ-US Site. Moreover, if your use of the GPQ-US Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the GPQ-US Site immediately. BY ACCESSING THE GPQ-US SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE GPQ-US SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE GPQ-US SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE GPQ-US SITE, IS TO STOP USING THE GPQ-US SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR ACCESSING THE GPQ-US SITE.

When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the GPQ-US Site. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy that can be accessed through a link on the website’s footer. The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the GPQ-US Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the GPQ-US Site, receive data from the GPQ-US Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the GPQ-US Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or any links on the GPQ-US Site that may direct your browser or your Internet connection to third-party websites or web pages.

GENERAL USE OF THE GPQ-US SITE

There are portions of the GPQ-US Site that we make available to users in the general public without the need for such users registering on the site, and you may visit and browse those portions without charge or obligation. However, in order to access and use certain services, features or functions of the GPQ-US Site, such as ordering and paying for our products, we require users to register. As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a “User ID”). We also request that you provide your e-mail address and may request that you provide other personally identifiable information as we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the GPQ-US Site. Please read our Privacy Policy, which describes the non-public, private data (a.k.a., personally identifiable information) that we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any other person(s) to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or if you have any other need to deactivate your User ID due to security concerns.

2. MODIFICATIONS

These Terms of Use are effective as of 1 September 2019. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We may post or display notices of material changes on the GPQ-US Site. Once we post them on the GPQ-US Site, these changes become effective immediately and if you use the GPQ-US Site after they become effective, then it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the GPQ-US Site and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

OWNERSHIP AND PROPRIETARY RIGHTS

The GPQ-US Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the GPQ-US Site, including without limitation, the selection, sequence and “look and feel” and arrangement of items, and all derivative works, translations, adaptations or variations of the same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content“), are the property of GPQ and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the GPQ-US Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the GPQ-US Site is either the copyrighted property of GPQ unless otherwise noted or are the copyrighted property of third parties.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks“) on or of the GPQ-US Site, including, without limitation, Products’ brands, names and logos (such as “WiQo” and “PRX-T₃₃ TCA/H₂O₂/KOJIC Perfect Intense Liquid”) and or stylized logos are the trademarks and intellectual property of and proprietary to GPQ. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of GPQ.

LICENSE AND SITE ACCESS

We authorize you to access Content and grant you the limited right and license to use the GPQ-US Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the GPQ-US Site for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the GPQ-US Site, including notices on any Content you display, print or reproduce from the GPQ-US Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise use, any Content without the express prior written consent of GPQ.

This license does not include any resale or commercial use of the GPQ-US Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the GPQ-US Site or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The GPQ-US Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of GPQ. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the GPQ-US Site without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing GPQ’s Marks without our express written consent. Any unauthorized use terminates the permission or license granted by GPQ.

As an express condition of your use of the GPQ-US Site, you warrant to us that you will not use the site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. GPQ makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the GPQ-US Site.

5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others, and we ask you to do the same. Accordingly, GPQ has adopted the following Intellectual Property Compliance Policy. If you or any user of the GPQ-US Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the IP Rights claimed to have been infringed;
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

GPQ SRL
Via Flavia 23/1
34148 Trieste – Italy
Phone: +39 040 360408
Fax: +39 040 761393
policies@wiqo.us

On notice, we will act expeditiously to review and if necessary to remove content on the GPQ-US Site that infringes the copyright rights of others and will disable the access to the GPQ-US Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.

SHOPPING & E-COMMERCE

The GPQ-US Site may offer various goods and services for sale (collectively “Products”), or direct or link to other Web sites that sell goods and services. In order to place an order for Products through the GPQ-US Site, you must be at least 18 years of age or have reached the age of majority in the jurisdiction in which you live or reside. By placing such an order for Products, you represent and warrant that you are at least 18 years old or have reached the age of majority in the jurisdiction in which you live or reside. Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. The inclusion of any Products on the GPQ-US Site at a particular time does not imply or warrant that these Products will be available at all times.

All Product prices are shown in U.S. dollars, and are valid and effective for all Products ordered through the GPQ-US Site on the day they are ordered. All prices are subject to change without notice. With respect to Products sold by distributors, we cannot confirm the price of such Product until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.

Subject to Section 12 below, all Products offered for sale through the GPQ-US Site are warranted by GPQ. To correct, repair or replace defective Products produced by GPQ, please contact us at the following address:

GPQ SRL
Via Flavia 23/1
34148 Trieste – Italy
Phone: +39 040 360408
Fax: +39 040 761393
order@wiqo.us

We have no responsibility or liability whatsoever for Products you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the GPQ-US Site. Moreover, we are not responsible in any manner for assisting you in correcting any problem you may experience with such Products. You agree that your sole and exclusive remedy for defective Products lies with the specific manufacturer, licensor or distributor of the Products and not GPQ. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Our creation or transmission of an order confirmation neither signifies acceptance of your order nor constitutes a binding confirmation of an offer to sell any Product, and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the GPQ-US Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the GPQ-US Site. If an order consists of multiple items, they may be shipped separately depending on availability. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the GPQ-US Site. You agree to indemnify, defend and hold GPQ, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any taxes to the proper governmental authorities.

When an order for Products is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the GPQ-US Site. All purchases from the GPQ-US Site are made pursuant to a shipment contract. As a result, risk of loss and title for Products purchased from the GPQ-US Site pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

7. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS

We try to assure the accuracy of all information displayed on the GPQ-US Site, but it is possible that the information contains errors, inaccuracies, or omissions. In particular, with respect to product information, we have tried to accurately post such information. Despite our best efforts, some such information may contain errors. We are not liable for any harm caused or related to any such errors.

With respect to Products offered on the GPQ-US Site, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see might not accurately depict the actual colors of the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. In addition, due to typical and very common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the GPQ-US Site. Minor Product variations in color, weights and measurements will not be considered as resulting in Products being deemed defective.

Despite our best efforts, a small number of the Products on the GPQ-US Site may be mispriced. If a Product sold on the GPQ-US Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debit card account has been charged (in which event we will issue a credit to your account in the amount of the charge). Please note that this policy applies only to Products sold and shipped by GPQ. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

8. HYPERLINKS TO THIRD-PARTY WEBSITES

The GPQ-US Site often provides links to third-party websites and other resources that could be of interest to our users, including the websites of our advertisers. You understand, acknowledge, and agree that these links are provided solely as a convenience to you and not as an endorsement by GPQ of the content, advertising or business practices (including the privacy policies) of such third-party websites, whether GPQ’s logo or sponsorship identification is on the third-party website, or whether such site conducts “framing,” which allows a user to access several web pages or websites while still viewing a header or border from the GPQ-US Site. These third-party websites may have different privacy policies and business practices than we do. GPQ does not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third-party websites. You understand and agree that the GPQ-US Site, GPQ, its affiliates, successors and assigns, and their respective officers, directors, shareholders, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third-party websites, you understand, acknowledge, and agree that you do so entirely at your own risk. If any third-party website obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability therefor. Please read our Privacy Policy below, which describes how we collect and use your personally identifiable information.

9. EMAIL

Email is an important communications channel for the GPQ-US Site and GPQ. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request. Please see our Privacy Policy below for details.

Any non-personal content you provide to the GPQ-US Site by email, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by GPQ, this GPQ-US Site, and/or our corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction.

10. WEB COMMUNITIES, FORUMS AND POSTINGS

The GPQ-US Site may contain forum services, Web communities, and other message and communication facilities (each a “Community” and collectively the “Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, files, messages, transmissions and content with other users and/or with us and these are referred to in this Agreement as a “Post” (and submitting a Post as “Posting“). GPQ reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Post, in whole or part, that it deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Posts may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, GPQ shall have no liability if unauthorized persons nevertheless obtain access to a restricted Community. Your use of the Communities is entirely at your own risk and you should not disclose or make available your personal information in any Post or in any Community.

The GPQ-US Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Posts. YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK. GPQ ASSUMES NO DUTY TO MONITOR POSTS WITHIN THE COMMUNITIES. GPQ DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTS OR THAT POSTS COMPLY WITH THE TERMS OR CONDITIONS OF THIS AGREEMENT. YOU SHOULD NEVER RELY UPON ANY POST AS BEING TRUE, ACCURATE OR GENUINE.

You understand, acknowledge and agree that Posts originating from any User ID are the sole responsibility of the individual associated with that User ID. THIS MEANS THAT YOU, AND NOT US OR THE GPQ-US SITE, ARE ENTIRELY RESPONSIBLE FOR THE CONSEQUENCES OF ALL POSTS ON THE GPQ-US SITE ORIGINATING FROM YOUR USER ID. Posts do not reflect the views of GPQ or any of its affiliates. In no event shall GPQ or any of its affiliates have, or be construed to have, any responsibility or liability for or in connection with any Post whatsoever; provided, however, that if we determine, in our sole discretion and judgment, that any Post does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Posts; (c) revoke your right to use the Communities and the GPQ-US Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the GPQ-US Site and/or the Communities.

If a Post originates from you or your User ID, you hereby agree that:

(a) you are placing the Post in the public domain without reservation of any rights or further control over the Post or its use and you specifically authorize the us and our affiliates to use such Post in whole or in part, throughout the universe, and you are automatically granting GPQ and its affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Post and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;

(b) you represent and warrant that
(i) the Post is original to you or fully cleared for use as contemplated herein,
(ii) the Post does not and will not, in any way, violate or breach any of the terms of this Agreement,
(iii) the Post does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction,
(iv) the Post is not obscene or in any other manner unlawful,
(v) the Post shall not be damaging or injurious to GPQ, any of its affiliates or any user, and
(vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Post;

(c) if your Post incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Post in the public domain and grant GPQ and its affiliates the right to use such Post as described above; and

(d) we have the right to delete, re-format and/or change your Post in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space per user on the GPQ-US Site is limited and some Posts may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Posts or any failure to store, receive or deliver Posts in a timely manner or at all or as to any other matter relating to Posts. Posting is for noncommercial purposes only, and you may not Post in any manner that does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the GPQ-US Site (including without limitation any Posts) violates any of the terms of this Agreement (except for any notices covered under Section 5 above), please notify us at the following address:

GPQ SRL
Via Flavia 23/1
34148 Trieste – Italy
Phone: +39 040 360408
Fax: +39 040 761393
policies@wiqo.us

While we will use commercially reasonable diligence to respond to your message, we cannot guarantee a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

11. RULES OF CONDUCT

Your use of the GPQ-US Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the GPQ-US Site, or knowingly condone use of the GPQ-US Site by others, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may, or may appear to, impersonate anyone else;
affect us adversely or reflect negatively on us, the GPQ-US Site, our goodwill, name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the GPQ-US Site, or from advertising, linking or becoming a supplier to us in connection with the GPQ-US Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and/or “phishing”;
be used for commercial or business purposes, including without limitation advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
violate any laws, regulations (including without limitation laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
gain unauthorized access to the GPQ-US Site, other users’ accounts, names, User IDs, personally identifiable information, Personal Data (as defined in the Privacy Policy) or other computers, websites or web pages, connected or linked to the GPQ-US Site or to use the GPQ-US Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the GPQ-US Site or the rights or use and enjoyment of the GPQ-US Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the GPQ-US Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

You agree to indemnify, defend and hold GPQ, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Posts or any content you provide, submit or make available on or through the GPQ-US Site or your unauthorized use of any Content. GPQ reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with GPQ in the defense of any such claim, action, settlement or compromise negotiations, as requested by GPQ.

12. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE GPQ-US SITE AND ALL MATERIALS AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE GPQ-US SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, GPQ is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the GPQ-US Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the GPQ-US Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE GPQ-US SITE, GPQ OR ANY OF ITS AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE GPQ-US SITE OR FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have GPQ, upon written notice from you to us, attempt to repair, correct or replace any deficient Product under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for GPQ, we agree to refund any monies actually paid by you for the Product involved and to terminate and discontinue your use of the GPQ-US Site. You further understand and acknowledge the capacity of the GPQ-US Site, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly, some of the exclusions and limitations described in this Agreement may not apply to you.

13. ADS AND MALWARE

We take great care and pride in creating the GPQ-US Site. We are always watching out for technical glitches that effect how the GPQ-US Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the GPQ-US Site, and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the GPQ-US Site, it may be the result of “Malware” on your computer. “Malware” — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the GPQ-US Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the GPQ-US Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

14. INTERNATIONAL USE
Although the GPQ-US Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the GPQ-US Site from other locations do so on their own initiative and are responsible for compliance with all local laws. You acknowledge that if you access the GPQ-US Site from outside the United States, the laws on advertising, data privacy, content restrictions, and other pertinent topics may be different in your country (or location) from those in the United States under which this site is compliant. Any offer for any Product, service, and/or information made in connection with the GPQ-US Site is void where prohibited.

15. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, GPQ or its affiliates, operational service providers, suppliers, and advertisers, may conduct promotions on or through the GPQ-US Site, including without limitation auctions, contests and sweepstakes (collectively “Promotions“). Each Promotion may have additional terms and/or rules which will be posted on the GPQ-US Site or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

16. MISCELLANEOUS TERMS

Without limitation, these Terms of Use, our Privacy Policy, and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and GPQ and supersedes any and all prior, inconsistent or other understandings relating to the GPQ-US Site and your use of the GPQ-US Site. This Agreement cannot be modified, changed or terminated by you except as specifically described herein. We reserve the right in our sole and absolute discretion to modify this Agreement at any time.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the GPQ-US Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

This Agreement and your use of the GPQ-US Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Illinois, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the U.S. Federal Courts situated in the State of Illinois and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that GPQ has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE GPQ-US SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.

Consent
I have read the GPQ Privacy Policy and consent to:
The processing of my Personal Data described in the Privacy Policy for the purposes set out therein.
Receive marketing and promotional materials and commercial communications, whether by electronic means (SMS, email, fax, etc.) or traditional means (phone, regular mail).
Be included in marketing studies and research