Terms of Use

Definitions

The following terms have the meanings shown:

“Quigley Oats” is an assumed name of Quigley Oats, LLC, the parent of all Quigley properties (websites), including Quigley Shores, Quigley Beach, Quigley Sands, Quigley Pines and Quigley Island. Additional properties may be added at a later date. The use of “Quigley Oats, LLC” and/or “Quigley Oats” shall include and mean any Quigley property owned and/or controlled by Quigley Oats, LLC

“Property” - a website owned and managed by Quigley  Oats, LLC which shall bear the “Quigley” moniker.

“Originator” - a member who uploads photos and videos to be viewed by members of the opposite sex through monthly subscriptions;

"Member" - any person who comes to a Quigley property and, through the payment of a monthly membership fee, ‘joins’ the property, and as such gains the services and uses offered only to members;

"Member Content" or “Originator Content” - any and all photos, videos, blogs, video-logs and other material uploaded to the profile by an Originator/member;

“Subscriber” - a person who subscribes to one or more Private Vault of a member of the opposite sex (the Originator) to view that Originator’s content maintained in that Originator’s Private Vaults;

“Subscription Fee” - an amount charged to a subscriber for each subscription that subscriber makes. The fee is deposited into a Quigley Oats bank account. The Originator receives 80% of the fee, and 20% of such fee is retained by Quigley;

“Chargeback” - a bona fide demand by a credit-card provider for Quigley  Oats, LLC to make good the loss that the credit card provider has incurred because a Subscriber or member has with or without justification disputed a purchase for which the Member paid using a credit or debit card;

“Payment Provider” - any third party or gateway which Quigley properties uses to take membership payments, and to enable a member to subscribe to an Originators content, which payment providers include but are not limited to PayPal, Square (including CashApp), Venmo, Zelle, GooglePay, ApplePay, AmazonPay and SamsungPay;

“Payout Options” - the financial service options available to an Originator for receiving payments for subscriptions;

“Refund” - the return of monies paid to a disputant after a bona fide dispute, often issued prior to a chargeback;

“Revenue” - the monies paid by a member to Quigley Oats, LLC to join one of its properties, as well as monies paid by a Subscriber to view an Originator’s Content or to use any interactions which requires payment;

“Q/Account” – an account into which any earnings for the member from Subscriptions are deposited;

“Website(s)/Properties” https://QuigleyOats.com and https://QuigleyShores.com

1. About
1.1 1.1 This website is a dating website that provides a way for persons of the opposite sex to meet and engage through social connections. We offer a service that allows any member to create a Public Profile and upload photos and videos accessible for view by members of the opposite sex, an Originator can receive a monthly subscription fee that gives those paying subscribers access to whichever or both Private Vault to which that member is/are paying a subscription, thereby generating revenue for the Originator.

1.2 These Terms govern your use of the Website, including any content, functionality, and services offered on or through the website, directly or through a third-party website. By registering with and using any Quigley property, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use any Quigley property or Quigley website.

1.3 Information on the website, including responses to “frequently answered questions”, is not legally binding on Quigley  Oats, LLC or any of its properties, and is for information purposes only and does not form part of the Terms.

1.4 The Website is only offered and available to members who are 18 years of age or older. By using the website, you represent and warrant that you are at least 18 years of age and of legal age to form a binding contract with Quigley Oats, LLC. If you do not meet all of these conditions, you must not access or use the website. The Privacy Policy outlines in greater detail how we use third-parties to verify your eligibility.

1.5 Quigley  Oats, LLC  and its properties reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately from the time Quigley Oats, LLC posts them, and apply to all access to and use of the Website thereafter. By continuing to use Quigley Shores, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1.6 By using any Quigley property,  you consent to receiving communications from Quigley  Oats, LLC or from any Quigley Property, electronically, including emails and messages posted to your Quigley Shores  account, all as more fully detailed in the Privacy Policy. You acknowledge and agree that all communications that any representative of Quigley Oats, LLC, such as the Resort Manager or Guest Relations Manager sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications, please email support@QuigleyOats.com and notify Quigley of the withdrawal of your consent.

1.7 Quigley  Oats, LLC  and its properties do not own any Content that appears on an Originator’s Private Vault, and all such content is the sole property of the Originator.

1.8 Views expressed by a Member on any Quigley property do not represent the views of Quigley Oats, LLC, it management, employees or representatives, or any of its properties. Communications and transactions and interactions regarding Member Content on any of our properties are between members. Except when a Quigley property acts as the agent of an Originator to receive a monthly subscription fee that gives those paying subscribers access

1.8 Where Quigley Oats, LLC receives payment from a Subscriber to view Member Content uploaded by an Originator, Quigley Oats, LLC receives such payment on behalf of the Originator and not the Subscriber. On receipt of payment by Quigley Oats, LLC the Originator shall have no right of action against the Subscriber for non-payment and the Originator shall be obliged to allow the Subscriber to view the Member Content or to use Subscriber Interaction. Section 4 further describes the payment process. 

1.9 Quigley Oats, LLC reserves the right at any time and without notice to:

1.9.1 modify, suspend or terminate Quigley Shores or any portion thereof;

1.9.2 restrict, limit, suspend or terminate your access to Quigley Shores or any portion thereof;

1.9.3 delete any content you post on Quigley Shores as an Originator if in Quigley’s reasonable opinion it does not comply with these Terms and/or any applicable law;

1.9.4 monitor your use of Quigley Shores (including any content or message you post or broadcast on Quigley Shores) to verify compliance with these Terms and/or any applicable law;

1.9.5 investigate any suspected or alleged misuse or unlawful use of Quigley Shores and cooperate with law enforcement agencies in such investigation;

1.9.6 disclose information about your use of Quigley Shores in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or

1.9.7 change the Payment Providers. If Quigley Oats, LLC does this then Quigley Oats, LLC will use its reasonable endeavors to verify the bona fides and good standing of the new Payment Provider and notify the Member and applicable details will be uploaded to the Member Account.

1.10 From time to time, Quigley Oats, LLC may restrict access to some parts of the Website, or the entire Website, to Users.

 

2. How It Works

2.1 Quigley Shores  is a social media platform that lets you create a Member profile, which in turn allows you to:

2.1.1 upload Member Content to be viewed by other Users or Subscriber Interaction to be used by other Members; and/or

2.1.2 pay to view another User’s Member Content or use another User’s Subscriber Interaction.

3. Account Registration
   3.1 To become a Member you must register and create a Member Account on QuigleyShores.com. You must provide a valid email address, your real name, your real telephone number, a username that cannot be your email address, and a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

3.2 You agree that all information you provide as a Member or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by the Privacy Policy found on our website(s), and you proceed on the basis that you are aware of how and why Quigley Oats, LLC processes your personal data as set out in our Privacy Policy.

3.3 If you wish to become a subscriber in order to view a Private Vault of an Originator, you will need to provide details of a payment card to a Payment Provider, your Social Security Number, and a real physical or mailing address. Your payment card information is stored by the Payment Provider, not by Quigley Oats, LLC or any of its properties.

3.4 If you elect to be an Originator and wish to receive payment of Subscriptions from members of the opposite sex, you will need to include additional information on your Member Account by filling out the ‘Subscription Program’ form on your Private Profile. The form asks for you to upload a recent scan of a valid form of government issued ID (driver’s license, state ID, U.S. passport), your Social Security Number (necessary for end-of-the-year income reporting to the IRS), a current, valid email address, as well as a valid and verifiable physical or mailing address so we can email or mail you a Form 1099.  Any amounts due to you as an Originator from Quigley Oats, LLC will be paid to you by depositing your earned subscription fees into your personal Q/Account. You will be able to withdraw those funds as soon as they appear in your Q/Account, and you may set up a way to transfer those funds from your Q/Account into your bank account. Quigley Oats, LLC  will store data disclosed by you in a separate off-line memory bank. Section 4 further describes the payment processes.

3.5 By registering on Quigley Shores, you confirm that:

3.5.1 all Member Account registration and profile information is truthful and accurate and that any Member Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party;

3.5.2 if you previously had a Member Account on any Quigley property, your prior Member Account was not terminated or suspended by Quigley Oats, LLC for violation of the Terms of Service;

3.5.3 you register on any Quigley property for your own personal use and you will not sell, rent or transfer your Membership to any third party;

3.5.4  Quigley Oats, LLC reserves the right, at any time, to verify the information which you provide to Quigley Oats, LLC as well as your compliance with any Terms of Use. If Quigley Oats, LLC is unable to verify this, then Quigley Oats, LLC reserves the right to suspend or terminate your account.

3.5.5 you will not use any third-party payment processors or any other service to accept payments for subscriptions.

3.6 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify Quigley Oats, LLC at support@QuigleyShores.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

3.7 Quigley Oats, LLC reserves the right to disable any Member name, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in the opinion of Quigley Oats, LLC, you have violated any provision of the Terms.

4. Subscriptions, Purchases and Payment of Revenue
   4.1 Quigley Oats, LLC will procure from Subscribers the Subscription fees agreed to, and will pay Originators 80% of those fees, with 20% management and service fee withheld by Quigley Oats, LLC. If a Subscriber disputes a charge and the bank refunds his or her fees, 100% of those fees will be deducted from the Originator’s Q/Account and recovered by Quigley Oats, LLC.

4.2 In order to view content in a Private Vault of a member of the opposite sex, you must first click the 'Subscribe' button on the Originator’s relevant vault profile, at which point you will be taken to the Subscriber’s Payment Page where you must choose a payment provider. Click on that provider’s link. Enter your payment card of choice, and when prompted to do so, permit that payment provider to save it as your default payment method for the future.  That will add that payment card to your Account with that payment provider.  Your payment card details will be maintained confidentially by that Payment Provider which will take payment from your payment card and pay it into a Quigley account.

4.3 The Payment Provider will automatically take monthly payments for subscriptions until you cancel. You may cancel at any time by clicking ‘Stop my subscription’ in the relevant private vault.  You can turn off the 'Auto-Renew' switch located under the relevant Originator’s Member Content profile or by contacting Quigley Oats, LLC at support@Quigley Shores.com. If you cancel your monthly payments you will continue to be permitted to view the Originator's Member Content until the end of the existing billing period, after which no further payments will be taken from your payment card and you will no longer be able to view the relevant Originator’s private content. You may renew that subscription at any time.

4.4 Quigley Oats, LLC receives the Revenue and holds the Commission on behalf of the relevant Originator, and not on behalf of you, as a Member. Once Quigley Oats, LLC has received payment from you as a Subscriber you have no further liability to the relevant Originator and the Originator shall allow you as a Subscriber to view that Member’s Content.

4.5 Quigley Oats, LLC will take payment of the Revenue from the Subscriber and hold the Commission as the agent for the Originator only long enough to confirm payment from you the Subscriber, and then transfer the Originator’s share to his or her Q/Account.

4.6 All payments to view Member Content or utilize Subscriber Interactions are final and non-refundable unless the Member terminates a connection to you by ‘blocking’ you within 10-days of the date you subscribed.  If Quigley Oats, LLC is alerted that a Subscriber has sought and received a Refund or Chargeback, then that Subscriber’s access to the relevant private vault will terminate, and Quigley Oats, LLC may take additional actions at our sole discretion.  Any purchase of the right to view Member Content or to use Subscriber Interaction which is subsequently subject to a Refund or Chargeback may result in the User’s account being immediately and permanently terminated from any and all Quigley properties. The Refund or Chargeback amount will also be removed from the earning Originator's income. The Originator may be alerted to the Subscriber Refund or Chargeback.

5. Twitter
5.1 Quigley Shores  allows Users to connect a Twitter account and to post any Quigley posts to Twitter. By using this feature, you must fully comply with and respect Twitter's Terms of Service.

6. Account Deactivation
6.1 Should you wish to deactivate your Quigley Shores membership then you may do so through your My Profile section in your Profile.

6.2 If you are a Subscriber, then any account deactivation will take place when your latest subscription term ends, or when your Membership term ends, whichever comes first. You will no longer be charged or have access to Originator Content or Subscriber Interaction when your Account closes. Any subscriptions will end for each Originator when an Account is terminated.

6.3 If you are an Originator then you can only deactivate your membership when your last Subscriber Subscription has expired, whichever is latest, and you have withdrawn any balance on your account.

6.4 If a Member is both an Originator and a Subscriber then the account will be deactivated in two stages (first as a Subscriber, and then as an Originator).

6.5 You will receive an email confirmation upon the successful deletion of your account. 

7. Intellectual Property Rights
7.1 Content

7.1a Other than Member Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Quigley Oats, LLC as licensor, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.1b Member Content, including Username, personal information, photos, images and videos are the sole property of the member who joins as a member and creates a Profile, and/or uploads photos, images and videos. By joining, the Member transfers to Quigley Oats, LLC the exclusive right to reproduce any or all of it on a Quigley website in order to promote the Member or Quigley Oats, LLC.  

7.2 Although we have included in our software code a restriction for any member to print, copy, paste, download, or take a screenshot of any page on the website, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, store, or transmit any of the material on any Quigley property or Website, except as you may store files that are automatically cached by your Web browser for display enhancement purposes; and

7.3 If you use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at Quigley Oats, LLC option, return or destroy any copies of the materials you have made.

7.4 Other than Member Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Quigley Oats, LLC. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7.5 The Quigley Shores name, logo and all related Quigley names, logos, product and service names, designs, and slogans are the sole property and/or trademarks of Quigley Oats, LLC or its affiliates or licensors. You must not use such marks without Quigley Oats, LLC prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

8. License
8.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by Quigley Oats, LLC at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Quigley Shores  other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by Quigley Oats, LLC.

8.2 Quigley Oats, LLC does not warrant that any Quigley website is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not a Quigley property is compatible with your device.

9. Acceptable Use
9.1 Quigley Oats, LLC requires that all Users respect and comply with these Terms below, at all times, when using Quigley Shores or any other Quigley property.

9.2 You may not:

9.2.1 use Quigley Shores  other than for your own lawful and personal use in accordance with these Terms;
9.2.2 impersonate Quigley Oats, LLC or any other Quigley property, or one of its managers or employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and Quigley Oats, LLC and/or any other person or entity;
9.2.3 falsify account registration information, or make unauthorized use of another's information or content;
9.2.4 use any Quigley property in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
9.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of any Quigley property without the express written permission granted by Quigley Oats, LLC;
9.2.6 use any Quigley property for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
9.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
9.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the property, or which, as determined by us, may harm Quigley Oats, LLC or Users of the Website or expose them to liability;

9.3 You shall not create, upload, post, display, publish or distribute Member Content that:

9.3.1 is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or dissention, or violates any of the aforementioned prohibitions;

9.3.2 violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);

9.3.3 promotes or advertises escort services or anything of a comparable nature;

9.3.4 promotes or advertises firearms or other weapons, drugs, or drug paraphernalia;

9.3.5 promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

9.3.6 causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;

9.3.7 involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;

9.3.8 gives the impression that it emanates from or is endorsed by Quigley Oats, LLC or any of it properties, or of any other person or entity, if this is not the case.

9.4 You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any Member Content that you do not own.

9.5 You shall not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

9.6 You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of any Quigley property.

9.7 You shall not interfere in any way with the operation of a Quigley property or any server, network or system associated with Quigley Oats, LLC or any of its properties, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.

9.8 You shall not use any Quigley property for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes;

9.9 You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access Quigley Oats, LLC or any server, network or system associated with Quigley Oats, LLC, or to extract, collect, harvest or gather content or information from Quigley Oats, LLC or any Quigley property.

9.10 You shall not make any other use of Quigley Shores  that violates these Terms or any applicable law.

9.11 Any content posted that we identify or that is reported by another Member as being unacceptable by us, at our sole discretion, will be deleted and the Member notified via notification, message, email and/or chat. Users who repeatedly violate Quigley Oats, LLC Acceptable Use policy may be deactivated at our sole discretion. If Quigley Oats, LLC becomes aware that a Member is underage, Quigley Oats, LLC will promptly deactivate that User's account and delete all information and content of that Member from all Quigley properties . If you are a parent or legal guardian and become aware that your minor-child has registered on any Quigley property, please immediately notify Quigley Oats, LLC at MinorsProhibited@QuigleyShores.com.

9.12 By registering an account with Quigley Shores, you represent and warrant that:

9.12.1 you are at least 18 years of age;

9.12.2 you will fully comply with these Terms;

9.12.3 you accept full responsibility for the use of Quigley Shores on any device, whether or not it is owned by you;

9.12.4 you accept full responsibility for any Member Content created or provided by you; and

9.12.5 your use of Quigley Shores  will not violate these Terms or any applicable law.

9.13 If you are using Quigley Shores  on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in or entailed by these Terms and that you are authorized to bind the business or other entity to these Terms.

10. User Content

10.1 By creating and publishing Member Content on any Quigley property, you authorize members of the opposite sex to access and view (without downloading or copying) your Member Content for their own lawful and personal use. You also represent, warrant and undertake that:

10.1.1 you own, have a valid license to, or otherwise control all rights in and to your Member Content;

10.1.2 to the extent your Member Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your Member Content; and

10.1.3 your Member Content is non-confidential and will be made available to those members who subscribe to it on Quigley Shores .com.

10.2 You grant Quigley Oats, LLC and our properties, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.

10.3 You understand and acknowledge that you are responsible for any Member Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

10.4 You shall indemnify Quigley Oats, LLC, all Quigley properties, management, employees, staff, licensees, successors, assigns and heirs against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your Member Content.

10.5 Quigley Oats, LLC is not responsible or liable to any third party for the content or accuracy of any Member Content posted by you or any other Member of the Website.

10.6 Upon becoming a member of any Quigley property, you also agree to act as custodian of records for the content that you upload.

10.7 Any questions regarding Member Content can be addressed by emailing HouseCleaning@QuigleyShores.com.  https://Quigley Shores .com/dmca

11. DMCA
11.1 Quigley Shores  respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA) (HouseCleaning@QuigleyShores.com).  Click to see our full DMCA Notice and Takedown Policy. Quigley Oats, LLC has implemented a policy to terminate repeat copyright infringers. A copy of our repeat infringer policy (RIP) is available upon request to our users.

11.2 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

12. Linking to the Website and Social Media Features
    12.1 You may link to Quigley Oats, LLC or any Quigley property, provided you do so in a way that is fair and legal and does not damage Quigley Oats, LLC or any Quigley property, or our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Quigley Oats, LLC.

12.2 The Website may provide certain social media features that enable you to:

12.2.1 link from your own or certain third-party websites to certain content on the Website;

12.2.2 send emails or other communications with certain content, or links to certain content, on the Website;

12.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

12.3 You may use these features solely as they are provided by Quigley Oats, LLC solely with respect to the content they are displayed with. However, you must not:

12.3.1 establish a link from any website that is not owned by you;

12.3.2 cause any Quigley property or portion of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

12.3.3 link to any part of any Quigley property other than the homepage; or

12.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

12.4 You agree to cooperate with Quigley Oats, LLC in causing any unauthorized framing or linking immediately to stop. Quigley Oats, LLC reserves the right to withdraw linking permission without notice.

12.5 Quigley Oats, LLC may disable all or any social media features and any links at any time without notice in Quigley Oats, LLC discretion.

13. Links from the Website
13.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. Quigley Oats, LLC has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. Referral Program
14.1 Quigley Oats, LLC offers a referral program which incentivizes members to introduce Quigley Oats, LLC or any Quigley property to people who are interested in becoming members or user.  This clause sets out when Quigley Oats, LLC will pay an Incentive Payment. Quigley Oats, LLC reserves the right to change how it pays Incentive Payments, but no change will deprive any Member of Incentive Payments already earned under before the changes came into effect:

14.1.1 Users with a valid Member Account with any Quigley property can participate;

14.1.2 each Member Account has a unique referral URL which allows Users to earn Incentive Payments;

14.1.3 the referred Member must use the referring User’s URL and then register with a Quigley property using the same browser that they used to click the referral link;

14.1.4 the referred Member has to be someone who has never held a Member Account. If the referred Member has been or is an existing Member of any Quigley property, then Quigley Oats, LLC will not pay Incentive Payments to the referring User;

14.1.5 Quigley Oats, LLC will not pay Incentive Payments if the referred Member does not join Quigley Shores  using the correct referral link within 5 days of having received the referral;

14.1.6 if the referred Member then sets up more than one new Member Account then the obligation to pay Incentive Payments shall only apply to Commissions earned from the first Member Account, and the additional membership account(s) will be terminated.

14.1.7 Users may not use confusing business practices to impersonate Quigley Oats, LLC with the intention to refer other Users to receive Incentive Payments.

More information on how the Referral Program works can be found at: https://QuigleyOats.com/referrals

14.2 If it transpires that Incentive Payments have been made incorrectly then Quigley Oats, LLC reserves the right to recover those monies from the referring User.

14.3 In order to ensure that the referral program is not abused Quigley Oats, LLC reserves the right to verify the credentials and identity of referred Users and referring Users claiming to have introduced the referred Users.

14.4 The Incentive Payment will be processed on the last calendar business day of each month and paid in accordance with the Payment Provider’s terms.

14.5 The Incentive Payment is deducted from the monies that Quigley Oats, LLC would retain from the transaction and not from the monies earned by the referred User.

15. Disclaimer of Warranties; Limitations of Liability

15.1 By using any Quigley property, you acknowledge and agree as follows:

15.1.1 Quigley Oats, LLC and all services and features it provides are without warranties of any kind, express or implied. To the fullest extent permitted by law, Quigley Oats, LLC disclaims any and all warranties, express or implied, with respect to Quigley properties and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. Quigley Oats, LLC does not warrant or guarantee the accuracy, usefulness, completeness or reliability of any Quigley property, or the results of your use of any Quigley property.  Quigley Oats, LLC 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.  Quigley Oats, LLC also does not warrant or guarantee that any Quigley property or its services and features will be available at any particular time or location; that Quigley Oats, LLC and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Quigley Oats, LLC and its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, Quigley Oats, LLC will 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 improper downloading of any material posted on it, or on any website linked to it. Your use of any Quigley property and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
15.1.2 Quigley Oats, LLC does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since Quigley Oats, LLC may need to carry out maintenance of the Website from time to time. However, Quigley Oats, LLC will use its reasonable endeavors to carry out any such maintenance of the Website outside of business hours (between 8:00am and 5:00pm Easter Standard time), and Quigley Oats, LLC will endeavor to give reasonable notice, however this may not always be possible;
15.1.3 in no event shall Quigley Oats, LLC be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) any Quigley property or its services or features, nor shall Quigley Oats, LLC be held liable in the event your Member Content is illegally distributed by another User, however where such distribution does occur please contact Quigley Oats, LLC at support@QuigleyOats.com and Quigley Oats, LLC will seek to prevent continuance of such distribution where Quigley Oats, LLC is reasonably able to do so; and
15.1.4 in no event shall Quigley Oats, LLC total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Quigley Shores  or any of its services or features, exceed one hundred dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.

15.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) any Quigley property or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred dollars ($100.00).

16. User indemnification
16.1 By using any Quigley property, you agree to indemnify and hold harmless Quigley Oats, LLC and all of its properties, including officers, directors, managers, employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:

16.1.1 your use of Quigley Shores  or any of its services or features;
16.1.2 any Member Content created, published, or otherwise made available on any Quigley property by you;
16.1.3 any transaction or interaction between you and any other Member of any Quigley property; and/or
16.1.4 your violation of the Terms or any applicable law.

16.2 Notwithstanding Quigley Oats, LLC’s appointment as the Originator’s agent to pay the Originator Commission, Quigley Oats, LLC, the Subscriber and Originator are independent contractors and are responsible for meeting all of their respective legal or statutory obligations.  This extends to the payment of any taxes or other payments properly demanded by a regulatory authority.  Should a Member fail to meet those obligations then the Member shall indemnify Quigley Oats, LLC for any loss or expense, including management time that is as a consequence incurred by us.  

17. Governing Law and Dispute Resolution
17.1 You and Quigley Oats, LLC agree that these Terms shall be governed by and construed in accordance with the laws of  the state of Wyoming (without regard to the conflict of laws provisions thereof) and that any dispute between you and Quigley Oats, LLC concerning any Quigley property or arising out of or related to these Terms shall be resolved exclusively in the courts of Wyoming.
17.2 Except where prohibited by applicable law, any claim or cause of action by you concerning Quigley Oats, LLC or any Quigley property, or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

18. Waiver and Severability
18.1 No waiver of any term or condition set out in these Terms 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18.2 If any provision of these Terms 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 will continue in full force and effect.

19. General
19.1 These Terms, as well as our Privacy Policy and rules related to Posting shall constitute the sole and entire agreements between you and Quigley Oats, LLC regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
19.2 The Contracts (Rights of Third Parties) Act 1999 is excluded.

20. Contact
20.1 If you have any questions, comments, complaints or concerns about Quigley Oats, LLC, please contact our support team at support@QuigleyOats.com.

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