The Quilt
WEB SITE TERMS AND CONDITIONS
Date of Last Revision: February 3, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND
GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE
THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of
The Quilt, Inc. ("Company”), located at http://www.thequilt.net/ (the "Site"). These Site Terms do not alter in any
way the terms or conditions of any other agreement you or your employer may have with Company, or its
subsidiaries or affiliates, for products, services or otherwise.
Company reserves the right to change or modify any of the terms and conditions contained in the Site Terms or
any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be
effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive
specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or
modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently
review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply
to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Please direct any question regarding the use of the Site, to info@thequilt.net.
1. Privacy Policy
Please refer to our Privacy Policy for information on how Company collects, uses and discloses personally
identifiable information from its users.
2. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including,
without limitation, the Company logo, and all designs, text, graphics, pictures, information, data, software,
sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the
proprietary property of Company or its licensors or users and are protected by U.S. and international copyright
laws.
You are granted a limited, non-sublicensable license to access and use publicly available areas of the Site for
your informational, non-commercial and personal use only. The member only portions of the Site may only be
accessed and viewed by board members of Company ("Members") and their employees whose duties
reasonably require such disclosure ("Authorized Users"). Authorized Users are granted a limited, nonsublicensable
license to access and use the member-only areas of the Site for your informational, noncommercial
and internal business use only. The foregoing licenses are subject to these Site Terms and do not
include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of
any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any
Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any
portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f)
downloading (other than the page caching) of any portion of the Site, the Site Materials or any information
contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials
other than for its intended purpose. Any access or use of the Site or the Site Materials other than as
specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will
terminate the license granted herein. Such unauthorized use may also violate applicable laws including
without limitation copyright and trademark laws and applicable communications regulations and statutes. By
accessing or using the members only portion of the Site, you represent and warrant that you are an authorized
employee of a Member, and you agree to immediately stop using the Site when such authorization ceases or
when your employer is no longer a member of Company. Unless explicitly stated herein, nothing in these Site
Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has
adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or
account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access
to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
4. Trademarks
The Quilt and the Quilt logo are registered trademarks. Any other product or service name or slogan contained
in the Site may also be trademarks of Company and its suppliers or licensors. These trademarks may not be
copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable
trademark holder. You may not use any metatags or any other "hidden text" utilizing "Company" or any other
name, trademark or product or service name of Company without our prior written permission. In addition,
the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the
service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or
in part, without our prior written permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Site are the property of their respective owners. Reference to any
products, services, processes or other information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to a public section of the Site for
noncommercial purposes, provided such link does not portray Company or any of its products and services in a
false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does
not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
This limited right may be revoked at any time. You may not create a text hyperlink to a Member Only section
of the Site, whether or not the section is password protected. You may not use a Company logo or other
proprietary graphic of Company to link to this Site without the express written permission of Company.
Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo o
other proprietary information, including the images found at the Site, the content of any text or the
layout/design of any page or form contained on a page on the Site without Company's express written
consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or
otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content,
nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the
Site. Such sites are not under the control of Company and Company is not responsible for the contents of any
linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company
provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by Company of any site ord therein. When you leave the
Site, you should be aware that our terms and policies no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any site to which you navigate from the
Site.
6. Third Party Content
Company may provide third party content on the Site and may provide links to Web pages and content of third
parties (collectively the "Third Party Content") as a service to those interested in this information. Company
does not monitor or have any control over any Third Party Content or third party Web sites. Company does
not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.
Company does not represent or warrant the accuracy of any information contained therein and undertakes no
responsibility to update or review any Third Party Content. Users use such Third Party Content contained
therein at their own risk.
7. Advertisements and Promotions
Third-Party Products and Serviny may run advertisements and promotions from third parties on the Site or may otherwise provide
information about or links to third-party products or services on the Site. Your business dealings or
correspondence with, or participation in promotions of, such third parties, and any terms, conditions,
warranties or representations associated with such dealings or promotions are solely between you and such
third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or promotions or as the result of the presence of such non-Company advertisers or third
party information on the Site.
8. Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions,
ideas, plans, notes, drawings, original or creative materials or other information provided by you in the form of
email or other submissions to Company, or any postings on the Site, are non-confidential and shall bnt"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or
otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or
otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local, state, national or
international law, including, without limitation, the regulations of the U.S. Securities and Exchange
Commission or any rules of a securities exchange such as the New York Stock Exchange, the American
Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secre, copyright or other intellectual or
proprietary right of any party. By posting any User Content, you represent and warrant that you have
the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a
person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or
its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or upladed by
you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of
Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any
statements, representations or User Content provided by its users in any public forum, personal home page or
other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the Content
posted in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or
edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are
solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at
your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the
foregoing violates tTerms and may result in, among other things, termination or suspension of your
rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental
requests, subpoenas or court orders, to protect Company's systems and customers, or to ensure the integrity
and operation of Company's business and systems, Company may access and disclose any information it
considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail
address, etc.), IP addressing and traffic information, usage history, and posted User Content. Company's right
to disclose any such information shall govern over any terms of Company's Privacy Policy.
If you post User Content to the Site, unless we indicate otherwise, you grant Company and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform me that you submit in connection with such content, if they choose.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or
you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not
misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will
not violate any rights of or cause injury to any person or entity.
10. Confidential and Sensitive Information
You acknowledge that the member only portion of the Site contains confidential, sensitive and proprietary
information of Company and its Members, including without limitation information about vendors, pricing,
programs, survey results, facility locations and other nonpublic information about the Quilt and its Members
("Confidential Information"). You agree to protect the confidentiality of the Confidential Information with at
least the same degree of care employed with respect to your own organizaton's confidential or proprietary
information and not to disclose any such Confidential Information to anyone other than Members and Member
employees whose duties reasonably require such disclosure and who are under a written obligation to maintain
the confidentiality of the Confidential Information.
11. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information
about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the
security of your password and identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks
of unauthorized access to the Registration Data and any other information you provide to Company.
12. Indemnification
You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers
and conultants, and their respective directors, employees and agents, from and against any claims, damages,
costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or
related to any User Content you post, store or otherwise transmit on or through the Site or your use of the
Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against
Company and/or its independent contractors, service providers, employees, directors or consultants, arising
out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the
rights of any third party.
13. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SITE, THE SITE
MATERIALS CONTAINED THEREIN AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE
"SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. COMPANY DISCLAIMS ALL OTHER WARRANTIEPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. COMPANY
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE
SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT,
PHOTOGRAPHY OR OTHERWISE. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE
AND THE SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR
ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Site and any Servics offered
through the Site at any time without notice. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
14. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE
CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION
OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES,OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED
ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.
15. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of
the State of Washington, applicable to agreements made and to be entirely performed within the State of
Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity
amination notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion,
to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
17. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability
of any remaining provisions.
18. Questions & Contact Information
Questions or comments about the Site may be directed to Company at the email address info@thequilt.net.
Agree | Disagree
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Questions or
comments regarding Quilt information? Contact info@thequilt.net
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