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These General Terms and Conditions of Use ("Terms") are entered into by and between you and QVC, Inc., a Delaware corporation ("QVC"); provided, however, that, notwithstanding anything to the contrary herein or in any linked, incorporated or otherwise referenced document, policy or terms and conditions, sections 7 ("Disclaimer and Limitation of Liability as to the QVC.com Site and Content"), 9 ("Disclaimer and Limitation of Liability as to Products and Services"), and 10 ("Indemnification") of these Terms shall be inapplicable to you if you are a resident of the State of New Jersey. In consideration of your use of and access to this Internet site, QVC's mobile services, QVC's telephone ordering and voice response unit services, QVC's software applications (i.e., widgets) downloaded to your desktop, QVC email addresses, and other websites and services on which these Terms are posted or expressly referenced ("QVC Services"), and the promises and obligations herein, and intending to be legally bound, you and QVC hereby agree as follows:
Your access to and use of the QVC Services is subject to these Terms, which incorporate the separately posted Privacy Statement and QVC Community – Standards for Participation, and other policies, and modifications issued by QVC. If any of the QVC Services, such as QVC's widgets, set forth separate or additional Terms and Conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that QVC Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE QVC SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the QVC Services. These Terms do not govern your use of any websites of QVC's affiliates based outside the United States or of any other services offered by QVC's affiliates outside the United States.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND QVC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT THERE WILL BE LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT AND THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE. YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING PROCEEDINGS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, OR REPRESENTATIVE, ACTION OR ARBITRATION; AND WAIVE YOUR RIGHT TO A JURY TRIAL.
Among other things, the QVC Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the QVC Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the QVC Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
QVC shall have the right at any time and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the QVC Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation posting the revised or additional Terms and Conditions on the QVC Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. ANY ACCESS OR USE OF THE QVC SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than QVC shall be valid or enforceable against QVC unless expressly agreed to by QVC in a writing signed by a duly authorized officer of QVC.
These Terms are effective until terminated by QVC. QVC may terminate these Terms without notice and at any time in connection with any of the QVC Services. In the event of termination, you are no longer authorized to access those QVC Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
QVC shall also have the right without notice and at any time to terminate some or all of the QVC Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the QVC Services or any feature or portion thereof.
3. Compliance with Laws
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the QVC Services and your purchase of products or services through them. You must be at least 18 years old to use the QVC Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by QVC on or through the QVC Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. QVC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on QVC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by QVC or by third parties that have licensed their use to QVC. You may view and use the Content only for your personal information and for shopping and ordering on or through the QVC Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, QVC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the QVC Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by QVC, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the QVC copyright agent the written information specified below:
The QVC Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
email: CopyrightAgent@QVC.com or
Attn: Copyright Agent
Mail Code 207
1200 Wilson Drive
West Chester, PA 19380
5. Third Party Sites and Content
Links to other Internet sites operated by third parties, including QVC vendors, do not constitute sponsorship, endorsement, or approval by QVC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by QVC, and QVC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
To the extent any Content is provided by third parties, QVC includes it for informational purposes only. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
6. Prices; Orders; Shipping and Handling
All prices displayed in the QVC Services are quoted in U.S. dollars. QVC may restrict delivery to addresses within the United States. QVC will add shipping and handling fees and applicable sales/use tax. QVC reserves the right to discontinue or change specifications and prices on products and services offered through the QVC Services without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the QVC Services do not imply endorsement of that product or service, or constitute a warranty, by QVC.
Your receipt of an order confirmation does not constitute QVC's acceptance of an order. Prior to QVC's acceptance of an order, verification of information and approval of the order may be required, including without limitation approval of Easy Pay® terms. Please note: certain payment methods, including prepaid cards, may not be available for items purchased with Easy Pay. QVC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from QVC, for any reason. QVC reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, QVC shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, QVC shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by QVC or one of QVC’s vendors pass to you upon delivery to the carrier for shipment.
QVC will refund any overcharged sales or use tax to a customer up to three years from the date of the customer's request for a refund.
The shipping and handling fee includes, among other things, labor costs to receive, select and package the item for shipment, the costs of packaging and other supplies, internal (overhead) costs to process the order and fees paid to carriers who ship the item and deliver the item to you, so the shipping and handling fee may exceed the actual fee paid by QVC to its carriers to send the item to you. Sales tax may be assessed on the shipping and handling fee in certain states, where applicable.
7. Disclaimer and Limitation of Liability as to the QVC.com Site and Content
QVC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE QVC SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. QVC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE QVC SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QVC SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE QVC SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE QVC SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL QVC, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE QVC SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF QVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. QVC Return Policy
QVC wants you to be completely satisfied with your purchase through the QVC Services. If for any reason you are not entirely pleased with a product you purchased through the QVC Services, simply return it within 30 days of receipt for an exchange, or a refund of the purchase price minus the shipping and handling and Q Return Label fee. For exchanges, an additional merchandise cost may apply, which cost will be charged to the credit card used for the original order or deducted from any merchandise credit on your account for checks. If you paid by check and there is an additional merchandise cost for the exchange exceeding the amount of any merchandise credit on your account, an additional form of payment will be required. If an item is returned as defective or because QVC was in error, QVC will refund the shipping and handling and will not deduct the Q Return Label fee. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
9. Disclaimer and Limitation of Liability as to Products and Services
ALL PRODUCTS AND SERVICES SOLD BY QVC ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, QVC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, QVC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE QVC SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL QVC, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE QVC SERVICES, EVEN IF QVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QVC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless QVC, QVC's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the QVC Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the QVC Services or any product or service provided to you arising out of or relating to your use of the QVC Services.
Except as otherwise expressly provided herein or in QVC's separately posted Privacy Statement, any communication or material you transmit to QVC through the QVC Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and you grant to QVC, QVC vendors, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. QVC has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
You may post or upload content created by you, including but not limited to, photographs, videos, images, and comments ("User Submissions") to your social media accounts. By posting and uploading User submissions with the tag #LoveQVC or other QVC brand hashtags, you grant QVC, Inc. its subsidiaries and affiliates ("QVC"), as well as its third-party service providers who provide content management services ("Third-Party Licensees") a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use your QVC-tagged User Submissions in any manner and in all means and media at QVC's sole discretion, including but not limited to on its web pages, social media accounts operated by QVC, in email campaigns and in other marketing, promotional, and advertising initiatives. QVC may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner and without notification or obligation to you. By use of the #LoveQVC or QVC brand hashtags, you grant QVC and its Third-Party Licensees the right to use your username, real image, likeness, caption, location, and/or other identifying information in connection with any use of your User Submissions. By utilizing the #LoveQVC or other QVC brand hashtags, you hereby represent and warrant that (i) you own all rights in and to your User Submissions; (ii) that all necessary permissions or consents were obtained by you for the individuals or content contained in your User Submissions; (iii) you are not a minor; and (iv) QVC's use, or that of its Third-Party Licensees will not violate any laws or rights of any third parties. You release and discharge QVC, its Third-Party Licensees, and any person acting on QVC's behalf, from any liability related in any way related to the permitted use of your User Submissions.
12. Text Message Services
If you have subscribed to a QVC text message program, the QVC Services will include text message services, including the ability to use text messaging to receive and reply to messages from QVC (collectively the "Text Message Services"). Such text messages may be sent using an automatic telephone dialing system and may be sent using SMS, MMS or other technology. Consent to receive such text messages is not required as a condition of purchasing any goods or services.
Although QVC does not charge you for these Text Message Services, standard message and data rates may apply. Certain Text Message Services may be prohibited or restricted by your mobile carrier, and not all Text Message Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Text Message Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Text Message Services, and how much they will cost you. By signing up for the Text Message Services, you agree to receive a single text message or multiple text messages from QVC, as noted at the time you sign-up (whether you receive a single text message or multiple text messages will depend upon the text message program for which you have enrolled). You will receive a confirmation text message and you may need to reply "Y" or "yes" (or similar reply) to complete your sign-up. In the event you change or deactivate your mobile telephone number, you agree promptly to update your text message subscription account information to ensure that the text messages QVC sends you are not sent to another person who acquires your former mobile telephone number. Your use of the Text Message Services is subject to our Privacy Statement.
To opt out of Text Message Services, text "STOP" to QVCGO (78246).You may also reply "STOP" to any text message received. You may receive a final text confirming your opt-out. To receive help information, text "HELP" to QVCGO (78246).
13. Mobile Services
In addition to the Text Message Services, the QVC Services may include certain other services that are available to you via your mobile phone or other mobile device (e.g., the QVC for iPhone® app and the QVC for Android™ app) (collectively, the "Mobile Services"). (For the avoidance of doubt, the Mobile Services do not include the Text Message Services.) The Mobile Services may include the ability to use your mobile device to place orders, receive and reply to electronic communications from QVC, and access certain other features. Although QVC does not charge you for these Mobile Services, your mobile carrier's standard data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that QVC may communicate with you by electronic means including, without limitation, push notifications to your mobile device (if you elect to receive them), and that certain information about your usage of the Mobile Services may be communicated to QVC. Your use of the Mobile Services is subject to our Privacy Statement.
You agree that any Dispute between You and QVC shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. "Dispute" shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any products or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. "Dispute" shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.
Notwithstanding anything in this arbitration provision to the contrary, either You or QVC may bring an individual action in small claims court if the claim is within the jurisdiction of that court.
For all Disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to QVC, Inc., Attn.: General Counsel, 1200 Wilson Drive, West Chester, Pennsylvania, 19380. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable). We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue though any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company (CSC), to begin arbitration. Please find below the Pennsylvania address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
Corporation Service Company
2704 Commerce Drive, Suite B
Harrisburg, PA 17110
Attn: Legal Department
You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. The Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Corporation Service Company, the Dispute will be arbitrated by JAMS arbitration services. Unless we agree to use a different set of rules, the arbitrator will use the applicable JAMS arbitration rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.
Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs regardless of whether they would have been available in a court.
WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. WE EACH MAY SEEK RELIEF ONLY ON BEHALF OF OURSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. IF A CLAIM OR ACTION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
15. Governing Law
Access to or use of the QVC Services shall not be construed as QVC's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. These Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions; provided, however, that if you are a resident of the State of New Jersey, these Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New Jersey, without regard to conflicts of law provisions. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the Commonwealth of Pennsylvania for the County of Chester and the federal courts for the Eastern District of Pennsylvania; provided, however, that if you are a resident of the State of New Jersey, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the State of New Jersey for the County of Gloucester and the federal courts for the District of New Jersey.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by QVC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
QVC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Revised January 1, 2018