Terms of Use & Privacy Policy

Thank you for visiting quigleys.com (“the Website”), which is owned and provided by Noble Blends, LLC, a Delaware limited liability company d/b/a Quigleys together with its affiliates. The following terms and conditions govern your access to and use of the Website. If you do not agree to these terms, including the Privacy Policy, please do not use the Website or any services offered by the Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use and accompanying Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must cease access to or use of the Website.

This Website is offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Quigley’s and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Quigley’s may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all subsequent access to and use of the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding and may impact you.

Accessing the Website and Account Security

Quigley’s reserves the right to withdraw or amend this Website, and any service or material provided thereon, in its sole discretion without notice. Quigley’s will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Quigley’s may restrict access to some parts of the Website, or the entire Website, to users, including registered users if applicable.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information in order to create an account. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy contained herein, and you consent to any and all actions Quigley’s takes with respect to your information consistent with the Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features and functionality including but not limited to all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the website, including the design, selection and arrangement thereof (“the Content”) are owned by Quigley’s, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.

Limitations on Use

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this Website. Quigley’s grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Content without right to sublicense, under the following conditions: you shall not, without  express written consent: (a) copy, retransmit, modify, disseminate, display, perform, re-use, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Quigley’s in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Quigley’s, its licensees, or any third party referenced therein. Quigley’s reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under NCG’s property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Quigley’s may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice. 

Without limiting the foregoing, Quigley’s has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Quigley’s to disclose the identity or other information of anyone posting any materials on, through, or of the Website. YOU WAIVE AND HOLD HARMLESS QUIGLEY’S AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY QUIGLEY’S/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER QUIGLEYS’S/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Social Media Sites and Third Party Links

From time to time, the Website may include features and functionality that allow you to interact with other sites that are not under Quigley’s control (“Linked Site”), including various social media websites (“Social Media Sites”). Quigley’s provides these features, functionality and links to you only as convenience and is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site or Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Quigley’s or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Quigley’s (if any) or any consideration you may have received or been promised in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Quigley’s or any of its products on any Social Media Site regardless of any material connection you may have with Quigley’s or your receipt of any consideration. If you make any claim regarding Quigley’s website or any of its products on a Social Media Site in violation of the foregoing, you, and not Quigley’s are responsible as the sole author of such claim and shall be solely liable therefore.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Quigley’s does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Quigley’s disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

Quigley’s may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Quigley’s is under no obligation to update such material.

Information About You and Your Visits to the Website

All information Quigley’s collects on this Website is subject to the Privacy Policy contained herein. By using the Website, you consent to all actions taken by Quigley’s with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the Website is based in the state of Arizona in the United States. Quigley’s provides this Website for use only by persons located in the United States. Quigley’s makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain states within the United States. If you access the Website, you do so on your own initiative and are responsible for compliance with federal, state, and local laws.

Disclaimers

You understand that Quigley’s cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

QUIGLEY’SWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QUIGLEY’S NOR ANY PERSON ASSOCIATED WITH QUIGLEY’S MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER QUIGLEY’S NOR ANYONE ASSOCIATED WITH QUIGLEY’S REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

QUIGLEY’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL QUIGLEY’S, ITS LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

By using the Quigley’s Website and consenting to this agreement, you explicitly agree to defend, indemnify and hold harmless Quigley’s, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, information provided on the Website, and Quigley’s services and products other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.

As a material term of this agreement you agree that any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, although Quigley’s retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in the jurisdiction of your residence.

Waiver and Severability

No waiver of any term or condition set forth in these Terms of Use by Quigley’s shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Quigley’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the Privacy Policy set forth below and incorporated herein by reference constitute the sole and entire agreement between you and Quigley’s with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Privacy Policy

Quigley’s is committed to maintaining the privacy of your personal information.

The purpose of this Privacy Policy is to explain what types of personally identifiable information and non-personally identifiable information we collect about visitors to our website, how that information is obtained and used, and your rights regarding our use of, and your opportunity to review and correct, that information.  This Privacy Policy applies only to website users located in the United States.

Information We Collect

We collect personally identifiable information and non-personally identifiable information about website users. Personally identifiable information is information about the identity of a particular website user. This information may include but is not necessarily limited to your name, address, phone number, email address, employer, occupation, and position. We may collect personally identifiable information when you communicate with us, request information about our products or services, or register to purchase merchandise.

Non-personally identifiable information is information that does not reveal the identity of any specific website user. This information may include but is not necessarily limited to the uniform resource locator (URL) of the website that you were on immediately before and after visiting this website, the pages of this website that you visited, the type of internet browser that you used, your internet protocol (IP) address, and any information that you input into this site, such as search terms or communications to the our team members or employees.

As a matter of policy, we do not make any effort to link the personally identifiable information that we collect with the non-personally identifiable information that we collect.

 

Why We Collect This Information

We collect personally identifiable information and non-personally identifiable information in an effort to provide our website visitors with efficient and effective service.  For example, if a website user requests information about our products, we may use their personally identifiable information to send the requested information to that person. We may use non-personally identifiable information to track, gauge, and improve our website.

How We Collect This Information

Our website hosting provider(s) automatically track the websites that you were on immediately before and after visiting our website.  The hosting provider also automatically tracks the website user’s domain name, which pages the user visits, and how much time a user spends on any particular page of this website.  We use this information to better understand how our customers located our website and what areas of the website they appeared to be most interested in, with a goal of improving our website, product line and related services.

We may occasionally request certain information such as your name, address, telephone number, email address, employer, occupation, and position.  You are not required to provide such information, but if you decline we may be unable to respond to you and you may be unable to use or access certain website features such the “contact us” feature and placing orders for retail merchandise.

How We Use Information About You

We do not disclose personally identifiable information obtained through this website to any third parties. However, we may use such information to improve our product offerings. 

We reserve the right to use or disclose personally identifiable information to comply with legal requirements such as subpoenas, court orders, and government investigations. We also reserve the right to use or disclose personally identifiable information when such use or disclosure is reasonably necessary, and to enforce our terms of use.

Your Rights With Respect Information Acquisition And Use

Quigley’s will not use or disclose any personally identifiable information collected on this website for any purpose unrelated to the purpose for which the website user provided that information without giving the website user written notice and an opportunity to opt-out within a reasonable timeframe. We may or may not ask website users whether they wish to receive further communications such as promotions, announcements, and alerts. Any website user who indicates that they do not wish to receive such communications will not have their personally identifiable information used for such purposes. Website users may submit such opt-out notifications to Quigley’s at any time by using the contact form provided on the “Contact Us” webpage and providing information sufficient for us to implement the necessary changes.

Cookies

This website uses cookies, which are small data files that the website sends to your computer.  You may change your browser’s settings to refuse such cookies. If you refuse cookies, certain website services and webpages may become unavailable or may not display properly. 

Protecting Your Information

We encrypt and authenticate information to protect the privacy of the information you share with us. However, we cannot guarantee that such communications will be or remain completely secure. While we strive to protect your privacy, we cannot and do not offer any guarantee the security of any information transmitted to or from this website. Your use of this website is at your own risk.

Links to Third Party Sites

This website may contain links to third party websites that Quigley’s does not own, maintain, or control. Our privacy policy does not extend to any third party websites, and website users are strongly encouraged to review those third party websites’ privacy policies before disclosing any personally identifiable information.

Policy Changes

Quigley’s reserves the right to amend, modify, clarify, or delete all or any portion of this Privacy Policy at any time without notice.  Quigley’s will update this Privacy Policy whenever such changes are made so that all website users will always be aware of any such changes. Website users are strongly encouraged to check this Privacy Policy before submitting any information or using this website. Regardless of any changes, we will always protect your information in accordance with the Privacy Policy as it existed at the time you provided the information unless you give us your express consent to the contrary.

Feedback

To help us improve our Privacy Policy and services, feel free to submit any feedback using the form on the “Contact Us” webpage.

Consent

By using this website, you consent to our website privacy policy.

© 2015 Noble Blends, LLC, a Delaware limited liability company d/b/a Quigley’s. All Rights Reserved.