Terms of Use

These Terms of Use (“Terms”) are entered into by and between you and The Quack, Inc., a Florida corporation with a trade name of Quacker Factory (“Quacker Factory”). In consideration of your use of and access to this Internet site, Quacker Factory’s mobile application(s), Quacker Factory email addresses, and other websites and services on which these Terms are posted or expressly referenced (“Quacker Factory Services”), and intending to be legally bound, you and Quacker Factory hereby agree as follows:

Your access to and use of the Quacker Services is subject to these Terms, which incorporate the separately posted Privacy Statement and Standards for Quacker Factory Social, and other policies, as well as any modifications to them issued by Quacker Factory from time to time and all applicable laws and regulations. If any of the Quacker Factory Services, such as Quacker Factory’s application(s), set forth separate or additional terms and conditions of use, privacy statement, or other policy (“Separate Terms”), then those Separate Terms as modified from time to time shall apply in connection with your use of that Quacker Factory Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE QUACKER FACTORY SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Quacker Factory Services.

Among other things, the Quacker Factory Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Quacker Factory Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Quacker Factory Services contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.

  1. Changes in Terms

Quacker Factory shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Quacker Factory Services. Such revisions and additions shall be effective immediately upon the posting of the revised or additional terms and conditions on the Quacker Factory Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Quacker Factory to these Terms. ANY ACCESS OR USE OF THE QUACKER FACTORY SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Quacker Factory shall be valid or enforceable against Quacker Factory unless expressly agreed to by Quacker Factory in writing and signed by a duly authorized officer of Quacker Factory.

  1. Termination

These Terms are effective until amended or terminated by Quacker Factory. Quacker Factory may terminate these Terms without notice and at any time in connection with any of the Quacker Factory Services. In the event of termination, you are no longer authorized to access those Quacker Factory Services, and the restrictions imposed on you with respect to the Content (as defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Quacker Factory shall also have the right without notice and at any time to terminate some or all of the Quacker Factory Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Quacker Factory Services or any feature or portion thereof.

  1. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Quacker Factory Services and your purchase of products or services through them. You must be at least 18 years old to use the Quacker Factory Services.

  1. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Quacker Factory on or through the Quacker Factory Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

The Content may contain errors, omissions, or typographical errors or may be out of date. Quacker Factory may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Quacker Factory in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Quacker Factory or by third parties that have licensed their use to Quacker Factory. You may view and use the Content only for your personal information and for shopping and ordering on or through the Quacker Factory Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Quacker Factory does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Quacker Factory Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Quacker Factory, is strictly prohibited.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Quacker Factory copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on a Quacker Factory website, including the Quacker Factory item number, if applicable;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The Quacker Factory Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: contactus@quackerfactory.com

or

Attn: Copyright Agent
Quacker Factory

14 NE 22nd Street
Delray Beach, Florida 33444

  1. Linked Third Party Sites

Links to other Internet sites operated by third parties, including Quacker Factory vendors, do not constitute sponsorship, endorsement, or approval by Quacker Factory of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Quacker Factory, and Quacker Factory is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

  1. Disclaimer and Limitation of Liability as to QuackerFactory.com Site and Content

QUACKER FACTORY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE QUACKER FACTORY SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. QUACKER FACTORY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE QUACKER FACTORY SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QUACKER FACTORY SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE QUACKER FACTORY SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE QUACKER FACTORY SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL QUACKER FACTORY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE QUACKER FACTORY SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF QUACKER FACTORY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Disclaimer and Limitation of Liability as to Products and Services

QUACKER FACTORY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, QUACKER FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE QUACKER FACTORY SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL QUACKER FACTORY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE QUACKER FACTORY SERVICES, EVEN IF QUACKER FACTORY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QUACKER FACTORY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Quacker Factory, Quacker Factory’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to any breach by you of these Terms or your access to or use of the Quacker Factory Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Quacker Factory Services or any product or service provided to you arising out of or relating to your use of the Quacker Factory Services.

  1. Submissions

Except as otherwise expressly provided herein or in Quacker Factory’s separately posted Privacy Statement, any communication or material you transmit to Quacker Factory through the Quacker Factory Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary and may be used by Quacker Factory, Quacker Factory vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Quacker Factory, Quacker Factory vendors, and their affiliates and related entities are free to use any Submissions contained in any communication you send to Quacker Factory through the Quacker Factory Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such Submissions. Quacker Factory has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.

  1. Mobile Services

The Quacker Factory Services may include certain services that are available to you via your mobile devices if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Quacker Factory, and access certain other features (collectively the “Mobile Services”). Although Quacker Factory does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that Quacker Factory may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Quacker Factory. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Quacker Factory intends to send to you are not sent to another person who acquires your former mobile number(s).

The number of Text Alerts you’ll receive will vary based on your selections and the frequency that you place orders with Quacker Factory. To discontinue text alerts from Quacker Factory, text “STOP” to any text sent by Quacker Factory. To receive help information, text “HELP” to any text send by Quacker Factory. Message and data rates may apply.

  1. Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Quacker Factory of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Quacker Factory shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the Quacker Factory Services shall not be construed as Quacker Factory’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law provisions. Additionally, any claims brought against Quacker Factory shall be governed by and construed in accordance with the laws of the State of Florida. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Quacker Factory Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in the City of Delray Beach, County of Palm Beach, Florida.

Updated as 11/06/2015