Terms & Conditions
Welcome to the website (this “website” or “site”) of Quality Supply Chain Co-op, Inc. (“QSCC”, “we” or “us”). This website provides information about QSCC and the services it provides.
For QSCC’s website to function at its best, there are certain terms and conditions that govern the site. If you use this website, you agree to be bound by these terms and conditions. This site may contain links to several other sites that provide information and/or services. Those sites are not under QSCC’s control and have their own rules and terms and conditions to which you should refer before using such sites. QSCC IS NOT RESPONSIBLE FOR ANY ASPECT OF ANY LINKED SITE, including, without limitation, the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. QSCC PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT SIGNIFY ENDORSEMENT BY QSCC OF THE LINKED SITE.
Updates and Ammendments
We may update and amend these terms and conditions from time to time by posting the modified version of the terms and conditions on this site. The modified version of these terms and conditions will automatically become effective with respect to you twenty-four (24) hours after they are first posted on this site. Your continued use of this site twenty-four (24) hours after the updated and/or amended terms and conditions have been posted or at any time after you have received e-mail notice of the updating or amending of the terms and conditions means you agree to be legally bound by the terms and conditions as modified. These Terms and Conditions were last modified as of June 28, 2011.
Information; Site Availability; No Warranty
QSCC takes reasonable steps to confirm the accuracy of the information on this site; however, QSCC makes no warranty or representation with respect to the accuracy, completeness or timeliness of information accessible through the website. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL USE THIS WEBSITE AT YOUR OWN RISK. WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEBSITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF NATURE AND/OR FAULTY AND CONTINUOUSLY EVOLVING TECHNOLOGY. THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR FAIL-SAFE AND SECURE ACCESS TO OUR SITE. FURTHER, WE PROVIDE THIS WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY SERVICES PROVIDED OR SOLD THROUGH THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. QSCC may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any service, feature or data, without notice or liability to you.
You agree to not use any software, scheme or device to interfere or attempt to interfere with the proper working of QSCC’s site.
Copyright and Use of Materials
The information and materials on this website, as well as the design and layout of this site, are protected under United States copyright laws and worldwide copyright laws and treaties, as well as applicable trade dress and other laws, and are owned by QSCC or other third parties. You may not distribute, transmit, reuse, report or use the content of this site for public or other commercial purposes unless expressly permitted by QSCC in writing. In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of QSCC. Unless expressly permitted by QSCC in writing, you do not have QSCC’s permission to copy or transmit any logo, graphic, sound or image on this website.
If you believe that our website contains material that infringes your copyright, you may notify us by mail or e-mail at the contact information noted below:
By U.S. Mail:
One Dave Thomas Blvd.
Dublin, OH 43017
Attn to: Web System Administrator
Please provide the following information in your correspondence with us:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act. Inquiries that do not follow this procedure may not receive a response.
QSCC’s name, logo and tag line “We Are You” are service marks of QSCC and are protected under state and federal law. Likewise, Wendy’s® and Wendy’s Old Fashioned Hamburgers® and other marks and trade names now or hereinafter used by Wendy’s International, LLC are trademarks of Quality Is Our Recipe, LLC, used under license by Wendy’s International, LLC, and are also protected under state and federal law. All other trademarks used on this website are trademarks of their respective owners, are used with the permission of those owners, and are protected under state and federal law.
Limit of Liability
YOU AGREE THAT IN NO EVENT WILL WE (OR ANY OF OUR MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE PURCHASE OR ACCESS OF GOODS OR SERVICES THROUGH THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, WHETHER ARISING UNDER STATUTE, LAW, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.
If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and any purchase or access of goods and/or services through this site.
If you want to send us a notice in relation to these terms and conditions, you must send it by e-mail to the following address: . We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail, return receipt requested, to our most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by the U.S. mail as provided in this paragraph will be deemed delivered and received three business days after the date of mailing.
You agree that these terms and conditions are governed by the laws of the State of Ohio, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase or access of products or services through, our site shall be an appropriate federal or state court located in the Columbus, Ohio metropolitan area.
Offensive, Libelous or Unlawful Messages; Copyright and Other Restrictions on Use of Service
(a) No Offensive Content. You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information or material of any kind.
(b) No Illegal Material or Encouragement of Illegal Behavior. You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.
(c) No Violation of Copyright, Trademark or Trade Secret Rights. You agree that you will not use the site, nor allow others to use your account, to publish, post, distribute or disseminate another's confidential or proprietary information or intellectual property, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
(d) No “Spamming,” Advertisements or Chain Letters. You agree that you will not use, or allow others to use your account or use the information available through this site, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not, nor allow others to use your account to, post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes. You agree to not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
(e) No “Hacking.” You agree that you will not use your account, or allow others to use your account, to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
(f) No Impersonation of Others. You agree that you will not, nor allow others to use your account to, impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
(g) No “Viruses.” You agree that you will not, nor allow others to use your account to, intentionally transmit computer “viruses,” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
(h) QSCC’s Right to Remove. QSCC reserves the right not to post any data or materials to, or to remove any data or materials from, its site, without notice to a user and without liability to QSCC. You agree to release QSCC from any claims or allegations that may result from such removal. Further, you agree to release QSCC from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law or of this or other agreements with QSCC. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
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