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By using Headquest Inc. services, you agree to these conditions. Please read them carefully.
Welcome to Headquest.com. Headquest Inc. and its affiliates ("Headquest, HQ Magazine, HQ Mag") provide website shopping cart features and other products and services to you when you visit or shop at Headquest.com or HQMag.com and/or use Headquest Inc. vendor’s products or services, mobile applications, or software in connection with any of the foregoing (collectively, "Headquest Inc. Services"). Headquest Inc. provides services subject to the following conditions.
By using Headquest Inc. services, you agree to these conditions. Please read them carefully.
We offer a wide range of Headquest Inc. Services, and sometimes-additional terms may apply. When you use a Headquest Inc. Service you also will be subject to the guidelines, terms and agreements applicable to that Headquest Inc. Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Headquest Inc. Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Headquest Inc. Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Please review our Privacy Notice, which also governs your use of Head quest Inc. Services, to understand our practices
All content included in or made available through any Headquest Inc. vendors, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Headquest Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Headquest Inc. Service is the exclusive property of Headquest Inc. or its vendors and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Headquest Inc. Service are trademarks or trade dress of Headquest Inc. or its vendors in the U.S. and other countries. Headquest Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Headquest Inc.'s or vendors advertising through Headquest.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Headquest Inc. All other trademarks not owned by Headquest Inc. that appear in any Headquest Inc. Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Headquest Inc.
One or more patents owned by Headquest Inc. vendors apply to the Headquest Inc. Services and to the features and services accessible via the Headquest.com Services. Portions of the Headquest.com ’s Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Headquest Inc. or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Headquest Inc. Services, except those authorized by the vendors selling on the site. This license does not include any resale or commercial use of any Headquest Inc. Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Headquest Inc. Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Headquest Inc. or its licensors, suppliers, publishers, rights holders, or other content providers. No Headquest Inc. Service, nor any part of any Headquest Inc. Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Headquest Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Headquest Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing Headquest Inc.'s name or trademarks without the express written consent of Headquest Inc. You may not misuse the Headquest Inc. Services. You may use the Headquest Inc. Services only as permitted by law. The licenses granted by Headquest Inc. terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Headquest Inc. Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Headquest Inc. does sell products, but it’s vendors sell them to adult commercial businesses only, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Headquest Inc. Services only with involvement of a parent or guardian. All tobacco or vaping products are bound to the laws related to these items in the country the purchaser resides and must be purchased by an adult of legal age. Headquest Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Headquest Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Headquest Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Headquest Inc. and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Headquest Inc. for all claims resulting from content you supply. Headquest Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Headquest Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Headquest Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow your state or countries claim submission guidelines as applicable by law.
RISK OF LOSS
All items purchased from Headquest Inc. are made with our vendors pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Headquest Inc. is not responsible for any damage or losses due to unfilled orders, back orders, shipping fees, or related losses. Headquest Inc. is not affiliated with any of its’ Wholesale Vendors and is only providing an environment for our vendors to promote and sell their products using our provided shopping carts.
RETURNS, REFUNDS AND TITLE
Headquest Inc. does not take title to returned items and should never be sent any returned or defective items under any circumstances, unless authorized electronically in advance. At our vendor’s discretion, a refund may be issued without requiring a return. In this situation, Headquest Inc. still does not take title to the refunded item, nor should be sent the returned item. For more information about returns and refunds, please see the vendor selling you the product. All problems need to be directed to the vendor where the problem originated from.
Headquest Inc. attempts to be as accurate as possible. However, Headquest Inc. does not warrant that product descriptions or other content of any Headquest Inc. Service is accurate, complete, reliable, current, or error-free. If a product offered by Headquest Inc.’s vendors is not as described, your sole remedy is to return it in unused condition to the vendor after obtaining a return material authorization number (RMA number).
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. With respect to items sold by Headquest Inc. vendors, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our vendor’s advertisement may be mispriced. If the correct price of an item sold by Headquest Inc.’s vendor is higher than the stated price, we will refer you to the vendor for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We do not charge you or your credit card at any time, and the transaction is handled completely by the vendor or vendor’s agent authorized by the vendor.
When you use apps created by Headquest Inc., you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Parties other than Headquest Inc. operate stores, provide services, or sell product lines through the Headquest Inc. Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Headquest Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HEADQUEST INC. SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEADQUEST INC. SERVICES ARE PROVIDED BY HEADQUEST INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEADQUEST INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HEADQUEST INC. SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEADQUEST INC. SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HEADQUEST INC. SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEADQUEST INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEADQUEST INC. DOES NOT WARRANT THAT THE HEADQUEST INC. SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEADQUEST INC. SERVICES, HEADQUEST INC.'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HEADQUEST INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEADQUEST INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HEADQUEST INC. SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HEADQUEST INC. SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Headquest Inc. Service, or to any products or services sold or distributed by Headquest Inc. or through Headquest.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered vendors. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Headquest Inc. Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Mexico, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Headquest Inc.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
9901 Acoma RD SE
Albuquerque NM 87123-3303
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to the merchant selling the product.
If you prefer to submit a report in writing, please provide us with this information:
• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please note that this procedure is exclusively for notifying Headquest Inc. that your copyrighted material has been infringed.
Additional Headquest Inc. Software Terms
1. Use of the Headquest Inc. site Software. You may use Headquest Inc. Software (the “shopping cart”) solely for purposes of enabling you to use and enjoy the Headquest Inc. Services as provided by Headquest Inc., and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Headquest Inc. Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Headquest Inc. Software or otherwise assign any rights to the Headquest Inc. Software in whole or in part. You may not use the Headquest Inc. Software for any illegal purpose. We may cease providing any Headquest Inc. Software and we may terminate your right to use any Headquest Inc. Software and site at any time. Your rights to use the Headquest Inc. Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Headquest Inc. Software that are specifically identified in related documentation may apply to that Headquest Inc. Software (or software incorporated with the Headquest Inc. Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Headquest Inc. Service is the property of Headquest Inc. or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Headquest Inc. Software, whether in whole or in part, or create any derivative works from or of the Headquest Inc. Software.
4. Updates. In order to keep the Headquest Inc. Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Headquest Inc. Software. If you are a U.S. Government end user, we are licensing the Headquest Inc. Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Headquest Inc. Software are the same as the rights we grant to all others under these Conditions of Use.