Terms of Service

Welcome to the Quartz Network (“the Site”). These “Terms of Use” govern your access and use of our Services. USING OR ACCESSING THIS SITE INDICATES YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE, INCLUDING BINDING ARBITRATION PROVISIONS WHICH LIMITS THE MANNER IN WHICH YOU CAN SEEK RELEIF FROM US. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

When you click “Submit Application”, you agree to the Terms of Use and to our Privacy Policy which governs how we collect, use, share and store your personal information. By using our Services you are agreeing to enter into a legally binding contract. If you do not agree with these Terms OF USE, you must not use our ServiceS. The Quartz Network (“we” or “us”) may revise these Terms of Use from time to time. We shall notify you of material changes to the Terms of Use by posting the most current version at insertWebAddressHere. Your continued use of the Site after the revisions become effective will constitute your acceptance of the revised terms.

Our Services

The Quartz Network is a membership community of senior level decision makers from large to mid-sized organizations designed to facilitate collaboration, benchmarking, and peer to peer learning between registered Members of the Site (the “Services”). The Quartz Network does not employ any Members or users of the Site.

Use of the Site

When you submit an application to the Quartz Network and register an account on the Site you become a “Member”. Users that are employed as sales persons or consultants are not permitted to register as Members on the Site. Users that choose not to register an account may have access to limited features as visitors to the Site.

By registering a Member account on the Quartz Network you agree: (1) that you will provide us with true, current, complete, and accurate registration information, and agree to promptly update your account information; (2) that you will maintain the confidentiality and security of your username, password and registration credentials; (3) that you are not employed as a sales person or as a consultant, (4) that you will comply with all of the terms of these Terms of Use; and (5) that you represent and warrant that you are 18 years of age or older.

You are entirely responsible for any activities that occur under your account including the actions of any third party who has authority to access the Site on your behalf. You agree to notify us immediately of any unauthorized access to, or use of, your account. You agree that the Quartz Network will not be liable for any losses or liability caused by unauthorized use of your account, either with or without your knowledge.

This Site is not intended for use by those under the age of 18.

Privacy Policy

Please review our Privacy Policy which is hereby incorporated into this Terms of Use and describes how we handle the information you provide to us by using our Service.

User Content

The content that you submit to the Site belongs to you. The Quartz Network does not claim ownership of any content you provide on the Site. Any information, data, images, or materials that you provide for the purpose of accessing the Services (the “Content”) shall remain your property. The Quartz Network does not endorse, control or verify the accuracy of any user or Member Content provided or created using the Services. By submitting, posting or displaying Content on or through the Quartz Network, you grant us a non-exclusive, transferable, irrevocable, royalty-free license to use, copy, distribute, modify and adapt the Content you provide without any further consent for all uses related to the delivery of the Services.

By posting Content on the Site you agree, represent and warrant as follows:

You assume sole responsibility for and shall ensure that the Content you provide in connection with the Services is true and accurate, and will not violate the rights of any third party including without limitation intellectual property rights or rights of privacy.

You have the right to submit such Content to the Site, and have obtained all required consents and permissions to submit, upload, post, reproduce any such Content submitted to the Site.

You agree that we may access, store and use any information that you provide in accordance with terms of our Privacy Policy.

You understand that we may in our sole discretion review, edit and delete any Content that in the sole judgment of the Quartz Network violates these Terms of Use or which we determine might be offensive, illegal or otherwise violate the rights of others.

Shared Content

Our Services allow the sharing of information in several ways including but not limited to, messaging, Member-hosted ThinkTANKS, profile posts, and other submissions. By using the Site, you may encounter Content that might be inaccurate, incomplete, offensive or otherwise harmful. The Quartz Network does not review Content provided by users (including Members), and we may not always prevent misuse of our Services. You agree that we are not responsible for the misuse or Content of other users or Members that may occur on the Site.

Copyrights, Trademark and Intellectual Property

We own both the proprietary rights as well as the intellectual property rights to all URLs, materials products, logos, web content, webpage designs, webpage layouts images, text, tools, and software that make up the Site, but excluding Content provided by users or Members. The technical procedures, processes, concepts, and methods of operation that are inherent to the Quartz Network constitute trade secrets. Trademarks and logos used in connection with the Services are to be the trademarks of their respective owners. You agree not to sell, license, distribute, copy, publicly display or create derivative works of any information available on our Site.

Prohibited Uses

Sales people and Consultants are not permitted on the Quartz Network. You may not use the Site or the Services to sell goods or services, or solicit Members in any manner. You may not use the Site for any unlawful purpose, or in any manner inconsistent with these Terms of Use or for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to civil or criminal liability. By using the Site or Services you agree that you will not:

Use or access another Member’s account;
Act in an unlawful or unprofessional manner in connection with our Services including being abusive, harassing, or otherwise acting to harm another person or group;
Attempt to re-register with the Quartz Network if we have terminated your account for any reason;
Send or post any unsolicited or unauthorized advertising, junk mail, spam, or unwanted solicitation;
Sell goods or services of any kind:
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer;

Payment

You agree to pay the annual subscription fee and any applicable taxes for the Services associated with your account. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services.

If you purchase a subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.

Termination of Service

The Quartz Network, in our sole discretion, may terminate your use of the Site at any time for any reason including, without limitation, if you violate the Terms of Use or misuse the Site. You agree that termination may be effected without prior notice to you, and you acknowledge and agree that we may immediately deactivate or delete your personal Member account (including the Company subscription), all related information and files in such account, and any further access to such files or to our Service. We will not be liable to you or any third party for any loss or damage of any kind resulting from any termination of your access to our Service.

If you want to terminate your account with us, please contact us at [email protected]

Disclaimer of Representations and Warranties

THE QUARTZ NETWORK DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE QUARTZ NETWORK DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERROR OR ARE 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, SURREPTIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU AGREE THAT THE QUARTZ NETWORK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM OR RELATING TO: (A) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE (B) THE USE OR INABILITY TO USE THE SITE (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY USER, OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE ; AND ANY OTHER MATTER ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE QUARTZ NETWORK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF NINE HUNDRED AND NINETY-FIVE DOLLARS ($995.00).

Governing Law and Dispute Resolution

READ THIS SECTION CAREFULLLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRTE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. California state law governs this Agreement without regard to its conflicts of law provisions. You and the Quartz Network agree that we intend for this section to satisfy the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

ANY AND ALL DISPUTES ARISING OUT OF, OR RELATED TO, THE QUARTZ NETWORK, YOUR USE OF OUR SITE OR THE SERVICES, OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. ALL ARBITRATION DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

The place of arbitration shall be Los Angeles County, California. The Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision, and the arbitrator shall apply California law to all other matters. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.


BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. You can obtain AAA procedures, rules, and fee information at http://www.adr.org.

No Class Action Matters.
YOU AND THE QUARTZ NETWORK AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES 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 OR AS AN ASSOCIATION. All arbitration disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any arbitration dispute to be arbitrated on a class-action basis or on any basis involving arbitration disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the arbitration dispute must be brought exclusively in the appropriate California court, as set forth below. Notwithstanding any other provision of this section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Courts in Los Angeles County, California.
Except to the extent that arbitration is required (as set forth above), we agree that any action or proceeding relating to these Terms of Use may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and the Company agree to the exclusive personal jurisdiction and venue of such courts for such matters, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Other Miscellaneous Terms

Severability; Interpretation
If any provision of these Terms of Use, is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect).

No Waiver.
Except as expressly set forth in these Terms of Use or any other applicable terms or agreements, including our Privacy Policy: (a) no failure or delay by you or the Quartz Network in exercising any of the rights, powers, or remedies under the Terms of Use will operate as a waiver of that or any other right, power, or remedy; and (b) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Indemnity.
You agree to defend, indemnify, and hold the Quartz Network harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from, or are related to any claim (including intellectual property claims), made or brought against the Network arising out of or in connection with: (a) your use of the Site and your activities in connection with the Site or your breach or alleged breach of these Terms of Use or any other applicable terms or agreements, including our Privacy Policy; (b) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (d) any misrepresentation made by you; and (f) the Quartz Network’s use of the Content that you submit to us (collectively, “Claims and Losses”). You will cooperate as fully required by the Quartz Network in the defense of any Claim and Losses. Notwithstanding the foregoing, the Quartz Network retains the exclusive right to settle, compromise and pay any and all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the Quartz Network.

Contact Information

If you have any questions, or need further information as to the Site or Services Provided by Quartz Network please contact us at: [email protected] .