Terms-and-Conditions of Use of this Website
NO MEDICAL ADVICE.
ALTIUSQUEST DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THIS WEBSITE https://www.BileDuctCancerEducation.com and its associated social media pages including posts to Youtube®, Instagram®, Facebook®, Linkedin® IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SITE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
AltiusQuest (“AltiusQuest”) has developed a Website and Educational Program to enable consumers to manage their Educational Learning About Health Topics. These Terms and Conditions (the “Terms”) govern your use of our website located at https://www.BileDuctCancerExpert.com and any services that we offer on that website or our social media pages associated with the website (collectively, the “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY ALTIUSQUEST SITE. These Terms constitute a legally binding agreement between you and AltiusQuest (each a “Party,” and collectively the “Parties”). These Terms provide that all disputes between you and AltiusQuest will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
Please review Section 14 (“Disputes Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with AltiusQuest. As used in these Terms, the words “you” and “your” refer to you, the user of AltiusQuest’s website, as the party agreeing to these Terms. The words “we,” “us,” “our” and any other variation thereof refer to AltiusQuest. Any reference to AltiusQuest in this Agreement includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees.
As used in these Terms, the term “Website” includes the website at https://www.BileDuctCancerExpert.com, pages within this website, any equivalent mirrors, replacements, substitutes or backup websites, and pages that are associated with these websites. The use of the word “including” in these Terms to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
ACCEPTANCE OF AGREEMENT. By accessing the Website or the Services, you agree to, and are bound by, the terms and conditions of these Terms. If you do not agree to be bound by these Terms, do not use the Website or the Services.
AMENDMENTS. AltiusQuest may modify these Terms at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms. Your continued use of the Website after a modification signifies your agreement to the modification. If you have any questions about these Terms, please contact us at our email address below.
PRIVACY. You agree to AltiusQuest’s Privacy Policy (available at https://www.BileDuctCancerExpert.com/privacy-policy) which is incorporated by reference into these Terms as if it were set forth herein in its entirety. The Privacy Policy describes our collection and possible use of information provided by you. By using the Services, you agree to, and are bound by, the terms of the Privacy Policy.
ELIGIBILITY. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these Terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with AltiusQuest.
CREATING AN ACCOUNT. In order to access the Services, you must create an account (“Account”). When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information including your name, a valid email address, a mailing address, and a strong password (collectively, your “Registration Information”). You are responsible for all activity that occurs in association with your Account. AltiusQuest is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or AltiusQuest cannot verify your identity, we can refuse to allow you to use the Services.
ACCOUNT INFORMATION FROM THIRD PARTY SITES. You may direct AltiusQuest to retrieve your information maintained online by third-parties with which they have patient relationships, maintain accounts or engage in healthcare transactions (“Account Information”). AltiusQuest does not review the Account Information for accuracy, legality or non-infringement. AltiusQuest is not responsible for the Account Information or products and services offered by or on third-party sites.
AltiusQuest cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. AltiusQuest cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION. By creating an Account with AltiusQuest, you understand that we may send you communications regarding the Services and the Website, including but not limited to: (a) notices about your use of the Services or the Website, including any notices concerning violations of use and updates; and (b) promotional emails with information on goods or services in which we think you may have interest. We give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.
USE OF CONTENT ON THE SITE. The content contained on the Website and the Services, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States, and is owned or controlled by AltiusQuest or by third parties that have licensed their Content to AltiusQuest. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Website or Services are configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of AltiusQuest, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of AltiusQuest, “mirror” on any other server any material contained on the Website or the Services. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of AltiusQuest. The trademarks, logos and service marks (the “Marks”) displayed on the Website are owned by AltiusQuest or third parties. You are prohibited from use of those Marks without the express, written permission of AltiusQuest or such third party. If you would like information about obtaining AltiusQuest’s permission to use the Content on your website, e-mail us at the address below.
YOUR USE OF THE SERVICES. Your right to access and use the Website and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website and Services for lawful purposes. Accurate records enable AltiusQuest to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that AltiusQuest, in its sole discretion, may elect to take. In no event will AltiusQuest be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for AltiusQuest to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
RIGHTS YOU GRANT US. By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to AltiusQuest through the Services, you are providing a limited license to that content to AltiusQuest for the purpose of providing the Services. AltiusQuest may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to AltiusQuest for use for this purpose, without any obligation by AltiusQuest to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize AltiusQuest to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “Add Accounts” or “Connect” features of the Services, you will be directly connected to the website for the third party you have identified. AltiusQuest will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit AltiusQuest to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant AltiusQuest a limited power of attorney, and appoint AltiusQuest as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each action necessary to retrieve your Account Information so that they can be managed by AltiusQuest and available for you to review whenever you are logged in to the AltiusQuest app. YOU ACKNOWLEDGE AND AGREE THAT WHEN ALTIUSQUEST IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, ALTIUSQUEST IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. AltiusQuest is not responsible for errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
ACCESS TO THE SERVICES. You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without AltiusQuest’s express written consent, which may be withheld in AltiusQuest’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
Attempt to gain an unauthorized access to any portion of the Services.
DISCLAIMER. THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALTIUSQUEST, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER ALTIUSQUEST OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ALTIUSQUEST OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 OF THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL ALTIUSQUEST, ITS SUBSIDIARIES, PARTNERS, OR AFFILIATES, BE LIABLE TO YOU FOR: (A) PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM OR RELATING TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE (EVEN IF ALTIUSQUEST KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR DOCUMENTATION, SERVICE INTERRUPTIONS, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ALTIUSQUEST’S OR YOUR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE; OR (B) EXCEPT AS REQUIRED UNDER APPLICABLE LAW, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM YOUR FAILURE TO PROVIDE ALTIUSQUEST WITH ACCURATE INFORMATION OR A THIRD PARTY’S FAILURE TO CORRECTLY VERIFY SUCH INFORMATION. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of AltiusQuest and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use the Website or the Services will at all times be limited to a maximum of $100.00 (one hundred united states dollars). These limitations will apply even if the above stated remedy fails of its essential purpose.
INDEMNIFICATION. You agree to release, indemnify, and hold harmless AltiusQuest and its affiliates, and their respective officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Website or the Services; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any rights of a third party; (d) your violation of any applicable laws or regulations; or (e) any negligent acts, omissions, or willful misconduct by you. AltiusQuest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with AltiusQuest’s defense of such claim. You agree not to settle any matter without the prior written consent of AltiusQuest. AltiusQuest will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
NO MEDICAL ADVICE. ALTIUSQUEST DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SITE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
TERM AND TERMINATION. These Terms will remain in full force and effect while you use the Website or the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time, and from time-to-time, for any reason in our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights to use the Services, including for termination of your Account. You may cancel your Account at any time by contacting us at the email below. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, and limitations of liability.
DISPUTES RESOLUTION AND ARBITRATION. You agree that any dispute between you and AltiusQuest arising out of or relating to these Terms will be governed by the arbitration procedures outlined below.
GOVERNING LAW. These Terms will be deemed entered into in California and will be governed by and interpreted in accordance with the laws of the State of California, excluding that body of law known as conflicts of law.
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. Please read this Arbitration Agreement carefully. It is part of your contract with AltiusQuest and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Generally. In the interest of resolving disputes between you and AltiusQuest in the most expedient and cost effective manner, you and AltiusQuest agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALTIUSQUEST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 18.b.vi, nothing
Arbitrator. Any arbitration between you and AltiusQuest will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AltiusQuest.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). AltiusQuest’s email address for notice is provided at the bottom of this page. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or AltiusQuest may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AltiusQuest must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, AltiusQuest will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by AltiusQuest in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,00.
Fees. If you commence arbitration in accordance with these Terms, AltiusQuest will reimburse you for your payment of the filing fee, unless your claim is for more than $100 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Diego County, California, USA, but if the claim is for $100 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AltiusQuest for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND ALTIUSQUEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AltiusQuest agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If AltiusQuest makes any future change to this arbitration provision, other than a change to AltiusQuest’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to AltiusQuest’s address for Notice, in which case your account with AltiusQuest will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You and AltiusQuest agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
Survival of Agreement. This arbitration agreement will survive the termination of your relationship with AltiusQuest.
Enforceability. If Section 18.b.vi is found to be unenforceable or if the entirety of this Section 18.b is found to be unenforceable, then the entirety of this Section 18.b will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18.c will govern any action arising out of or related to these Terms.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and AltiusQuest agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in, or closest to, San Diego County, California. Both you and AltiusQuest consent to venue and personal jurisdiction there. You and AltiusQuest both agree to waive their right to a jury trial.
GENERAL TERMS.
WAIVER. AltiusQuest’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver by AltiusQuest of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AltiusQuest. Except as expressly set forth in these Terms, the exercise by either you or AltiusQuest of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ENTIRE AGREEMENT. These Terms constitute and contain the entire agreement between you and AltiusQuest with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. You and AltiusQuest acknowledge and agree that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
SURVIVAL. All provisions of these Terms that by their nature extend beyond the expiration or termination of these Terms, and definitions herein as applicable to interpretation of the foregoing shall survive the termination of these Terms.
SEVERABILITY. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.
ASSIGNMENT. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without AltiusQuest’s prior written consent. AltiusQuest may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms will bind and inure to the benefit of you and AltiusQuest, their successors and permitted assigns.
HEADINGS. The headings, captions, headers, footers and version numbers contained in these Terms are intended for convenience or reference and shall not affect the meaning or interpretation of these Terms.
QUESTIONS. If you have any questions, complaints or claims with respect to the Website, please contact us. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. Contact Information is available below.
