Terms of Service
Welcome to the Terms of Service (the “Terms”). These Terms are a binding agreement between Quest Outside Holdings Inc. (“Quest”, “we”, “us” or “our”), the owner and operator of the Quest website located at https://questoutside.com/ (the “Site”) and the Quest mobile application (the “App”), and you (“you”, “your” or “user”), a user of the Site and/or the App (collectively, the “Services”).
BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.
1. FEES AND PAYMENT. Access and use of the Services and certain features thereof may require payment of fees (the “Service Fees”). We may use third party payment processors in order to facilitate any applicable Service Fee payments (the “Payment Processor”). We disclaim any and all liability that may result from your use of the Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or their actions. Your activity on the Payment Processor’s sites or applications is governed by such Payment Processor’s terms and conditions. Any claim and dispute you may have in connection with Service Fees must be solely directed to such applicable Payment Processor, and you hereby release Quest and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.
2. RESPONSIBLE USE. In accessing and using the Services, you must not: (a) breach or circumvent any applicable laws or third-party rights; (b) circumvent any technical measures that we use to provide the Services, or take any action to violate, interfere with or undermine the security or system integrity of the Services; (c) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes; (d) distribute viruses or any other technologies that may harm the Services or the interests of other users; (e) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose; or (f) reproduce, copy, modify, adapt, exploit for commercial purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or the content therein or any part thereof except with our prior written consent or in the ordinary and prescribed use of the Services. In the event that you are in breach of any of the foregoing restrictions, we reserve the right, without limitation to any other remedies we may have available to us, to suspend or terminate your access and use of the Services at any time.
3. MARKETING COMMUNICATIONS. You hereby consent to receive marketing communications from us via email, or any other form of communication, from time to time. You may opt-out at any time from such communications by emailing us at support@questoutside.com. However, opting out of certain communications may affect your ability to use the Services. You hereby consent to us using, retaining and storing any personal information provided by you through your access and use of the Services, such as your name and e-mail address, for the purposes of: (a) providing the Services; (b) conducting internal reviews and improvements relating to the Services; and (c) keeping a record for legal purposes.
4. PROPRIETARY RIGHTS. Except to the extent expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other party’s content or intellectual property. As between the parties, you own all right, title and interest (including without limitation, intellectual property rights) in and to the information that you submit to the Services (collectively, the “Customer Data”), and we own all right, title and interest (including without limitation, intellectual property rights) in and to the Services. You grant us a non-exclusive, worldwide and royalty-free license to use the Customer Data for the purpose of providing the Services, and for the Purposes defined in our Privacy Policy. We will retain and own a copy of any non-personally identifiable or aggregated information and data generated or collected by us through your
access and use of the Services.
5. DISCLAIMER.
(a) General. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE SERVICES AND ALL CONTENT OR INFORMATION CONTAINED THEREIN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INTERRUPTION, NON-INFRINGEMENT, SUITABILITY, UPTIME, QUALITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR SERVICES.
(b) App. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME ALL RISK IN ACCESSING AND USING THE APP, AND IN RELYING ON ANY CONTENT OR INFORMATION PRESENTED THEREIN (THE “CONTENT”); (ii) CONTENT MAY NOT BE ACCURATE OR CURRENT; AND (iii) YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY THAT YOU MAY INCUR THROUGH YOUR ACCESS AND USE OF THE APP, INCLUDING WITHOUT LIMITATION, THROUGH ANY RELIANCE ON THE CONTENT. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT QUEST WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY THAT MAY RESULT TO YOU OR ANY THIRD-PARTY BY VIRTUE OF YOUR ACCESS AND USE OF THE APP OR RELIANCE ON THE CONTENT.
6. RELEASE & INDEMNIFICATION. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE QUEST, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE SERVICES. FURTHERMORE, YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE CUSTOMER DATA YOU PROVIDE TO US.
7. GENERAL. We may amend these Terms at any time without notice or consent, so please review them periodically. We may post any amended Terms on our Site, or provide them via e-mail to you. By continuing to access and use the Services after any such amendment, you consent to be bound by the amended Terms. These Terms will be governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party granting the waiver. In addition to any written agreement signed between you and us with respect to our Services (a “Signed Agreement”), these Terms, together with our Privacy Policy, constitute the entire agreement with respect to our Services, and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. To the extent of any conflict between these Terms and a Signed Agreement, the Signed Agreement will govern. If all or part of any provision of these Terms is held by a court of competent jurisdiction to be contrary to applicable law, the other provisions of these Terms will remain in full force and effect and, to the maximum extent permitted by applicable law, the impugned provision will be deemed to be amended so as to best accomplish its original intent while remaining compliant with applicable law. The parties are independent contractors, and these Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship. Any notice, report or other communication required or permitted to be given by us will be deemed to have been received if sent to your last known address or email address. These Terms may not be assigned by you without our prior written consent. We may assign these Terms at any time without notice or consent. These Terms will ensure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. You acknowledge and agree that you have had the opportunity to obtain independent legal advice prior to accessing and using the Services, and that you have either done so or chosen not to do so.