| Terms Of Use Agreement |
I. Purpose; Acceptance of Terms
General: Welcome to Quiddity.com. Quiddity is a company that offers goods including books, cards and other publications as well as instructional classes for sale to the public. These sales are done predominantly through the Quiddity website. Quiddity and its affiliates provide their services to you subject to the following conditions.
Purpose of Agreement: The terms of this agreement (Agreement) are legally binding regarding your use of Quiddity (“we,” and “our”) services. The term “User” (or “you”) refers to those individuals who merely browse the Quiddity website, as well as those individuals who have registered with or regularly use Quiddity services. You represent that you are at least 18 years of age, or if you are under 18, that you are using Quiddity’s services and Quiddity.com only with the involvement of a parent or guardian. You are only authorized to use any of the Quiddity services if you agree to the terms of this Agreement, and abide by all applicable laws. Please save a copy of this Agreement for your own personal records. If you do not agree with any of the terms of this Agreement, please stop using Quiddity’s services and website. If you visit or shop at Quiddity.com, you accept these conditions so please read them carefully. Also, please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Quiddity.com and use of Quiddity services.
Modification of Agreement: This Agreement may be modified from time to time, and at any time, at the sole discretion of Quiddity. Any modification is effective upon posting the modified Agreement to Quiddity.com. You agree that any changes in the modified Agreement are binding on you when you use any Quiddity services after the posting of a modified Agreement. Therefore, please review this Agreement on a regular basis to maintain awareness of any updates or changes.
Reservation of Rights: Quiddity reserves the right, at any time, and in its sole discretion, to refuse, reject, or remove any posting on the Quiddity.com website. Furthermore, Quiddity has the right at any time and without notice to restrict, suspend, or terminate your access to any or all of Quiddity’s services.
II. Access; Use
Access: Quiddity grants you a limited license to access and make personal use of this site and allows you to use Quiddity’s services as set forth in the terms of this Agreement, provided that you (i) will not infringe on Quiddity.com’s website by copying or distributing any part of the website or its Content without Quiddity’s prior written consent, (ii) will not modify, change, alter, or in any way transform any part of Quiddity’s website, and (iii) will always comply with the terms of this Agreement regarding the use of Quiddity’s services and the content residing on Quiddity.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or exploited for any commercial purpose without express written consent of Quiddity. Any unauthorized use terminates the permission or license granted by Quiddity and/or Quiddity.com.
Limited Right to Hyperlink: Notwithstanding any other conflicting clause in this Agreement, you are granted a limited, revocable, and nonexclusive right to hyperlink to the home page of Quiddity.com so long as the link does not portray Quiddity, Quiddity.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Quiddity.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Illegal Use: Illegal and unauthorized use of Quiddity services, including collecting names, emails, addresses, and other personal information in order to send unsolicited emails is prohibited, or otherwise using technology to copy, change, alter, or use the website or its content is prohibited. Likewise, unauthorized framing of or linking to Quiddity.com or Quiddity’s services is prohibited. Quiddity will not hesitate to take legal action for any unauthorized or illegal use of any Quiddity services or the website or its content.
Electronic Communications: When you visit Quiddity.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product Descriptions: Quiddity, Quiddity.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Quiddity.com itself is not as described, your sole remedy is to return it in its unused condition.
Third Party Sales: Parties other than Quiddity.com and its subsidiaries operate stores, provide services, or sell product lines on this site. Quiddity and Quiddity.com does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use.
III. Term; Customer Orders; Order Acknowledgment Policy; Cancellation
Term: This Agreement shall remain in full force and effect while you use any Quiddity service. Quiddity may terminate your right to use this website without warning, and at any time, in Quiddity’s sole discretion. Even after any use of the website has been terminated, this Agreement will remain in full force and effect as to any interaction that took place while you did use Quiddity’s services.
Customer Orders: All orders are subject to acceptance in accordance with our Order Acknowledgment Policy and availability. If the Product you have ordered is not immediately available from stock you will not be able to place an order on the Quiddity website. However, if an order is accepted for which there is no current stock you will be contacted by email and will have the option either to wait until the item is available from stock or to cancel your order in accordance with our Cancellation Policy.
Order Acknowledgment Policy: Please note that your order will become a legally binding contract entered in between us upon dispatch of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Quiddity reserves the right at any time after receipt of your order to accept or decline your order for any reason. Quiddity reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. The contract between you and Quiddity will be completed on the dispatch of the products ordered unless we do not accept your order or you have cancelled it in accordance with our Cancellation Policy. We reserve the right to reject any offer to purchase by you at any time.
Cancellation Policy: Once you submit an order, we immediately prepare all stock items for delivery. You can cancel your order at any stage until shipment, unless it is a custom order. If it is a custom order, you may still cancel at any stage until shipment, but you will be responsible for any cost incurred by Quiddity. If you would like to request cancellation of an order, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it as soon as possible.
IV. Pricing; Payment
Pricing: We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, an item may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Quiddity.com. You are responsible for paying all fees and applicable taxes associated with the products or services offered on Quiddity.com in a timely manner and with a valid payment method, described below.
Payment: Quiddity accepts credit card payment through your PayPal account which you will initially set up when you create any new account with us. Eventually, certain qualified customers may be eligible to set up a merchant account. If your PayPal account is being used for a purchase, Quiddity may obtain pre-approval from PayPal for an amount up to the amount of the order. You authorize us to charge you for any goods or services purchased using your account. The card will be automatically billed when there is a balance due on the account and this may occur as early as the same business day of the purchase. If the total amount of the purchase is greater than the balance available on the merchant account, your PayPal account or underlying credit card will be charged for the balance. All currency references are in U.S. dollars. If a purchase has been declined due to issues with your PayPal account or the underlying credit card, please ensure that the data is correct and resubmit. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. Your goods will be dispatched only when confirmed and cleared payment has been received. Please allow sufficient time for your payment to be cleared. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance).
Quiddity accepts the following credit cards: Visa, MasterCard, American Express, and Discover. You represent and warrant that the credit card you use to set up your PayPal account belongs to you and it is within your authority to make charges on the card. Please be sure to provide your exact billing address and telephone number—the address and phone number your credit card company has on file for you. Incorrect information will cause a delay in processing your order.
Encryption Disclaimer: This site uses encryption technology to protect the information from access by unauthorized third parties. All orders are encrypted to ensure safe transmission by PayPal, which utilizes secure server software to ensure your information cannot be read as it travels over the internet. However, Quiddity, Quiddity.com, its affiliates and vendors cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this site, you agree that neither Quiddity, Quiddity.com, its affiliates nor vendors will have liability if the applicable encryption technology fails to protect your information.
Non-Profit Donation: Upon setting up your PayPal or merchant account you will be asked to select one of two non-profits which will receive a piece of every retail sale made on Quiddity.com. Please select from the exclusive options provided.
V. Shipping; Return Policy
Shipping: All items purchased from Quiddity.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Cost of shipping is in addition to the purchase price and must be paid according to the payment terms listed in Section IV. If you wish, you may insure the package with the carrier at your sole cost.
Return Policy: We will normally accept returns on products purchased within the last 15 days, that are in re-saleable condition and have not been used. Returns should be discussed by contacting Quiddity, via email, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You must provide valid proof of purchase. No returns allowed on custom orders.
VI. Property Rights and Content
Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Quiddity or its content suppliers and protected by United States and international copyright laws. The compilation of all contents on this site is the exclusive property of Quiddity and protected by United States and international copyright laws. All software used on this site is the property of Quiddity or its software suppliers and protected by United States and international copyright laws.
Trademarks: LudiQ’s, Upto, Let Yourself Happen and other Quiddity graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Quiddity. Quiddity’s trademarks and trade dress may not be used in connection with any product or service that is not Quiddity or Quiddity.com’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Quiddity or Quiddity.com. All other trademarks not owned by Quiddity.com or its affiliates that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Quiddity.com or its affiliates.
VII. Warranty Disclaimer
Disclaimer: YOU EXPRESSLY AGREE THAT YOUR USE OF QUIDDITY SERVICES AND THIS SITE IS AT YOUR SOLE RISK. QUIDDITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE QUIDDITY SERVICES AND YOUR USE THEREOF. QUIDDITY SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” QUIDDITY, QUIDDITY.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Further Disclaimers: Quiddity does not promise or guarantee specific results from use of Quiddity services. Quiddity has no liability for (i) any third party advertisements posted to Quiddity’s services, or any liability for goods and services provided by any advertisers, (ii) the online or offline conduct of any Quiddity service user, (iii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any user communication, (iv) any problems or technical malfunction of any telephone network lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or any of Quiddity services or combination thereof, including any injury or damage to any person’s computer related to or resulting from participation or downloading materials in connection with Quiddity services, and (v) any loss or damage, including personal injury or death, resulting from use of Quiddity services, from any Content posted on or through the Quiddity services, or from the conduct of any users of Quiddity services, whether offline or online.
VIII. Limitation of Liability
Liability: IN NO EVENT WILL QUIDDITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOST PROFIT DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EVEN IF QUIDDITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT QUIDDITY IS NOT LIABLE FOR ANY CONTENT SUBMITTED, OR THE OFFENSIVE, ILLEGAL, OR DEFAMATORY CONDUCT OF ANY USER OR THIRD PARTY.
Limitation on Damages: Quiddity’s liability to you for any cause of action, regardless of the form of the action, will at all times be limited to the amount paid, if any by you to Quiddity for Quiddity services and products.
Limitation on Action: Any cause of action arising out of, or related to Quiddity services, must commence within one year after the cause of action accrues. If the cause of action is not commenced within one year after the accrual of that cause of action, then such cause of action is permanently barred.
IX. Indemnity
You agree to defend, indemnify, and hold harmless Quiddity, its parent corporation, officers, directors, employees, agents and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including attorney’s fees), or demand made by a third party arising from or due to your use of Quiddity services. This indemnification obligation will survive this Agreement, its terms and your use of Quiddity services.
X. General Provisions
Final Agreement: This Agreement constitutes the complete, final, and exclusive integrated Agreement between you and Quiddity regarding the subject matter hereof. Quiddity has the right to amend or modify this Agreement at any time.
Choice of Law: This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Oregon, excluding principles of conflicts of laws, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States, located in the State of Oregon, City of Portland, and County of Multnomah.
Arbitration and Disputes: Any dispute, demanded by either you or Quiddity, or about or involving you and Quiddity must be settled by arbitration, and using the American Arbitration Association (AAA) to resolve the dispute. However, the arbitration clause does not prohibit Quiddity from seeking injunctive relief. You are solely responsible for any interactions with other users of Quiddity.com, and Quiddity has the right, but does not have any obligation to monitor any interactions or disputes between Quiddity users.
Severability: Any provision of this Agreement held to violate any law or public policy is any jurisdiction, is, as to that jurisdiction only, ineffective only to the extent of its invalidity, without affecting any other provision of this Agreement, and all other terms or provisions of this Agreement remain valid and enforceable to the fullest extent permitted by law.
Waiver: The failure of Quiddity to exercise or enforce any provision or right of this Agreement will not operate to waive such right or provision, or any other such right or provision.
If you have any questions or concerns regarding this Agreement, Quiddity’s Terms of Use, Quiddity’s Privacy Policy, or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact Quiddity at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . |
