The QEAN Group, LLC

Terms and Conditions

Welcome to QEANGroup.com™ ("Website"), which is owned and operated by The QEAN Group LLC ("QEAN Group"). The QEAN Med™ Blog ("Blog") is owned and operated by The QEAN Group LLC.

The QEAN Group reserves the right to modify these Terms and Conditions without prior notice. The QEAN Group may modify these Terms and Conditions after you submit posts, add content, purchase products, purchase advertising, make requests for service or use the site in any other way. You should review this page whenever you visit our Website to ensure that you are aware of any changes to our Terms and Conditions.

Your use of this Website constitutes your agreement to follow these Terms and Conditions and to be bound by them.

Comment Moderation and Editing

The Blog is moderated by a representative of the QEAN Group who reserves the right to exercise editorial control over any content that appears on the site. By submitting a comment to the Blog, you understand and agree that we may post your comment in its entirety, in an edited version, or not at all. Any editing will be done primarily for purposes of clarity, length or deletion of offensive, inappropriate, harassing or potentially libelous, defamatory or other potentially injurious material.

Comments and Opinions

Comments or opinions expressed as comments on the Blog, in emails, or as responses to queries are solely those of the outside contributors. Any views expressed by contributors do not represent the views of the QEAN Group, its management, employees, contractors, advertisers, or service providers. The QEAN Group is not responsible and disclaims any and all liability for the content of comments written by outside contributors to the Blog.

Inappropriate Uses

You represent that you will not use the Website or any of its services to defame, libel, harass, threaten, abuse, violate the copyright, patent, trade secret or other intellectual property rights, or to compromise trade secrets or the confidential information of any individual, company, organization or entity. You will not use the Services to communicate hateful, racially, ethnically or otherwise objectionable comments or communications. You will not harm minors in any way.

You will not post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

You will not post, email, transmit, upload links or otherwise make available computer viruses, spyware or malicious code. You will not disrupt the Website, Website services, email services or the network or hardware on which it resides.

You will not intentionally or unintentionally violate any applicable local, state, national or international law.

You agree to defend, indemnify and hold the QEAN Group harmless from and against any claims, losses or liabilities based on a violation of the foregoing representation.

Valid Email Address

When you post a comment or contact us you must provide us with a valid email address. It is our business practice not to display contributor email addresses on the website, however we cannot guarantee that a technical issue might not cause an email address to be displayed temporarily. You agree to defend, indemnify and hold the QEAN Group harmless from and against any resulting claims, losses or liabilities.

Links To and From Third-Party Websites

We may link to outside, third-party Web sites that are related to the Blog discussion or Website and that we believe may be of interest to you. Links provided within a Blog post are not provided for the purposes of marketing or advertising. The QEAN Group does not control and is not responsible for the content, practices, usage, activities, accessibility, availability or legality of any other website that may be accessed through a hyperlink from our Website.

Links provided on the QEAN Group Website do not imply an endorsement by us.

The QEAN Group does not control and is not responsible for the content, usage, activities, accessibility, availability or legality of any other website that may contain a hyperlink to our Website.

Disclosure of Content and Personal Information

You acknowledge, consent and agree that the QEAN Group may access, preserve, and disclose your content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: respond to your requests for customer service; comply with legal process; enforce the Terms of Service; respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of the QEAN Group, the users of the Website and its services, and the public.

If you submit a query for inclusion in one of the A-LIST emails, all information that you provide in Section II of the respective A-LIST submission form will be disclosed to A-LIST email recipients.

No Control over Content

The QEAN Group does not control the content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website and associated services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the QEAN Group be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Website and associated services.

Content and Information Rights

The QEAN Group does not claim ownership of content that you submit or make available for inclusion on the Website. However, with respect to content you submit or make available for inclusion on the Service, including without limitation comments you post to the Service, you grant the QEAN Group world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed. Your comment may be reused by the QEAN Group or quoted in other media and might be attributed to you by name.

All content ("Content") included on this website and in any shipment, advertising, promotion, sweepstakes, survey or communication from or about Your Secret Gift is subject to copyright, trademark, service mark, and other intellectual property rights or licenses held by The QEAN Group, or its content suppliers and is protected by US and international copyright laws. The QEAN Group reserves complete title, ownership and full intellectual property rights to such Content. Your unauthorized use of our trademarks, service marks, copyrighted material and intellectual property is strictly prohibited. All software used on this site is the property of The QEAN Group or its software suppliers and is protected by United States and international copyright laws.

You may download, print and store portions of the Content from the Website, under the following conditions: (1) you may use the copies of the Content for your own personal, non-commercial use; (2) you may not copy or post the Content on any network computer or broadcast the Content in any media; (3) you may not change the Content in any way; and (4) you may not delete or alter the copyright or trademark notice. No right, title or interest in the downloaded materials is transferred to you as a result of such downloading.

Except as noted above, you may not download, copy, reproduce, modify, publish, distribute, send, transfer or create derivative works from the Content.

Advertising

The Blog provides opportunities for companies to advertise on the Website. The QEAN Group is not responsible for the content, products, services, practices or actions of these websites or companies, or for the actions of individuals associated with other companies or websites. Advertising placement on the Website does not constitute an endorsement of the advertiser by the QEAN Group.

Indemnification

You agree to indemnify and hold the QEAN Group LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, advertisers and employees harmless from any demand or claim made by any third party due to or arising out of Content you submit, post, transmit or make available through QEAN Group services, your use of such services, your connection to the website and such services, your violation of the Terms of Service, or your violation of any rights of another.

Feedback and Suggestions

We welcome feedback and suggestions regarding our products, services, business and Website. However, any feedback, comments, ideas, suggestions or any other communications or messages (collectively termed "Communications") sent to us regarding our products, services, business and Website are and shall be the exclusive property of the QEAN Group.

The QEAN Group will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Communications that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, service ideas, business ideas, computer code or original artwork.

Electronic Communications

You consent to receive communications from us via e-mail or by our posting notices on this site and acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

Your privacy is important to the QEAN Group and we are committed to ensuring that your privacy is protected. This privacy policy explains how the QEAN Group uses and protects the information that you provide when you visit our Website.

This privacy policy does not apply to the activities and practices of companies that Your the QEAN Group does not own, or to individuals that the QEAN Group does not employ or manage.

We may collect the following information:

• Your name, company name, publication, and your website URL.

• Your contact information including email address and telephone number.

• Additional information including query and job posting information.

• Shipping name, address and telephone number.

• Billing name, address, credit card number, expiration date and authorization code.

• Your PayPal account information.

• Demographic information such as ZIP code.

• Information that you provide in connection with customer surveys, emails, customer service inquiries, market research studies, sweepstakes entries and other related activities.

Whether or not to provide such information is completely your own choice. However, if you choose not to provide the requested information, you may be unable to purchase products or services, or access certain services, offers and content on our Website.

In addition, we may need to contact you via email, phone, or postal mail to address questions or issues specific to your order, use of services, or related activities, even if you have opted to not receive communications from us.

We require this information to understand your needs and provide you with better service, and in particular for the following reasons:

• To maintain our internal record keeping.

• To conduct certain business activities associated with your order, including order fulfillment and shipping; order tracking and notification.

• To process customer service requests.

• To improve our products and services.

• To periodically send promotional emails about new products, special offers or other information that we think you may find of interest (only if you have registered to receive these emails by opting in, using the email address which you have provided).

• To contact you for market research purposes from time to time. We may use the market research information to tailor product offerings, services and the Website according to your interests.

• We will respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

• We will share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.

• We will transfer information about you if the QEAN Group LLC or the Blog is acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.

• If you prefer not to receive new product and promotion information emails from the QEAN Group, you may update your preference by sending an email to us through the form on the Contact Us page, or by clicking on the "unsubscribe" link in an email that you may have received. Please include a valid email address regardless of which method you use to opt out.

Information Retention

The QEAN Group routinely makes temporary copies of its Website and account information in order to prevent accidental loss. These temporary back-up copies are stored in a secure location. Information that we have copied may remain in back-up storage for some period of time after your deletion request. This may be the case even if information about your account is no longer in our active user databases.

Protecting Children

Our Website is targeted toward the general audience of individuals over the age of 18. We do not advertise, email, market to, or promote our products and services to individuals under the age of 18. By making a Blog post, participating in any of the QEAN Group A-LISTS or purchasing a product or service from the QEAN Group, you are certifying that you are age 18 or older. Parents and guardians are encouraged to monitor their child�s activities online and use parental controls and other solutions to limit their child�s access to the Internet.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Computer, Cookie and Email Information

Our Website automatically receives and records information from your computer and browser, including your IP address, cookie information, software and hardware characteristics, and pages that you request. This information is used to improve your usage and shopping experience.

A cookie is a small file that is sent to your browser after you grant permission for it to be placed on your computer's hard drive. The cookie helps us better understand web traffic, tailor product offerings to your needs, estimate the number of visitors to our Website, process your order, track your visits to our Website and manage sweepstakes and surveys. Cookies allow web applications to respond to you as an individual, so that the web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

We may contract with third parties who may use cookies and collect information on our behalf. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our service providers.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please note that this may prevent you from taking full advantage of our Website.

We may send emails for purposes of order or shipping confirmation, to notify you of A-LIST opportunities, or to reply to email, telephone or other communications from you. If you have opted in to receive marketing communications from us, we may send emails for marketing purposes. Our email technology determines whether or not you have set up your email box to accept HTML email messages. In addition, to evaluate the effectiveness of email marketing campaigns, we employ technology that lets us know whether or not you opened the email or clicked on any links contained within the email. This technology only works if you have enabled HTML emails.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, Blog posts, Blog comments and all software used on this site, is the property of The QEAN Group or its content or software suppliers and is protected by United States and international copyright laws.

Trademarks

The QEAN Group graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The QEAN Group LLC in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The QEAN Group. All other trademarks not owned by The QEAN Group that appear on this site are the property of their respective owners.

License

The QEAN Group grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of The QEAN Group. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The QEAN Group.

If you write, post or comment on a blog, forum or other website, you may include a link to the QEAN Group Website (www.qeangroup.com) and/or pages that are part of the Blog (www.qeangroup.com/blog) for informational purposes only; you agree that you will remove the link and reference to the QEAN Group or the QEAN Group Blog if we so request.

Any unauthorized use terminates the permission or license granted by The QEAN Group.

Products and Services

The prices of products and services are displayed or quoted in U.S. currency. While we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Sales Tax

The QEAN Group is required by law to collect sales tax for items shipped to or delivered to addresses within any of the following locations:

• Colorado

• Arapahoe County, CO

• Incorporated Littleton, CO

• Selected special districts within Colorado (RTD, CD, FD)

Errors and Omissions

We strive to make the information on our Website as accurate as possible. On occasion, inaccuracies, errors or omissions may occur. Following written notification, we will endeavor to correct inaccuracies, errors and omissions within a reasonable period of time. Your Secret Gift is not responsible for any liability or damages caused by inaccuracies, errors and omissions that occur before or after you have placed your order.

Indemnity

You will indemnify us against any loss, damage or cost incurred by us arising out of your use of our Website, any of its services or any information accessible over or through the Website, including information obtained from linked sites, your submission or transmission of information or material on or through the Website or your violation of these Terms and Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and you agree to fully cooperate with us in any such defenses.

Applicable Law

By visiting www.qeangroup.com, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and The QEAN Group.

Any action related to the use of the Website or any transaction with The QEAN Group must be brought in the county court located in Arapahoe County, Colorado, or the state or federal courts located in Denver, Colorado.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY YOUR SECRET GIFT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, THE QEAN GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE QEAN GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE QEAN GROUP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM YOUR THE QEAN GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE QEAN GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, 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.

Copyright