Terms & Conditions

Web Site Terms & Conditions

Effective Date: 04/07/2025
Site Covered: https://qnest.org

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The following are the terms of an agreement between You and QNEST, a 501(c)(3) charitable organization, whose mission is to provide long-term housing and support to LGBTQ+ minors who experience homelessness.

Please read the terms in full before using our site. By accepting these terms, or by accessing or using this Web Site, You agree to be legally bound by these terms, our Privacy Policy, and any other underlying agreements or terms. If You do not agree to these terms, please do not use this Web Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

 

1) AGE RESTRICTION
You must be at least thirteen (13) years of age to use this Web Site or any Services contained herein. By using this Web Site, You represent and warrant that You are at least 13 years of age and may legally agree to this Agreement. QNEST assumes no responsibility or liability for any misrepresentation of Your age.

2) LICENSE TO USE WEB SITE & INTELLECTUAL PROPERTY

QNEST may provide You with certain information as a result of your use of the Web Site. Such information may include, but is not limited to, documentation, data, or information developed by QNEST, and other materials available via the Web Site (“QNEST Materials”). QNEST grants You a non-exclusive, limited, non-transferable and revocable license to use QNEST Materials solely in connection with your use of the Web Site.

QNEST Materials may only be used for your own personal, non-commercial home use only and may not be used for any other purpose, without QNEST’s express written consent. You may copy or distribute, or republish, or post Material from the Web Site, provided You do not delete or change any copyright, trademark or other proprietary notices and include an attribution to QNEST Web Site. Modification or use of the materials for any other purpose violates the intellectual property rights of QNEST.

Related to your use of this Web Site, You hereby grant QNEST a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any content You publish, upload or otherwise make available to QNEST (“your Content”). QNEST claims no further proprietary rights in your Content. If You feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us.

3) ACCEPTABLE USE

You agree not to use the Web Site, or any contents or services, for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Web Site in any way that could disable, overburden, or impair the Web Site, interfere with any other party’s use and enjoyment of the Web Site, Services or general business of QNEST.

You further agree not to use the Web Site or Services:

a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of QNEST or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may disable, overburden, or impair the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene, or defamatory material;
g) To publish or distribute any material that incites or is liable to incite violence, hate or discrimination towards any group;
h) To encourage or engage in conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Web Site is being used;
i) To unlawfully gather information about others; or
j) To attempt to gain access to any portion of the Web Site, or any of its contents or services, other than those for which You are authorized.

4) PRIVACY INFORMATION

Through your use of the Web Site, You may provide us with certain information. By using the Web Site or the Services, You authorize QNEST to use your information in the United States and any other country where We may operate. QNEST’s use and retention of personally-identifiable information You provide to QNEST through this Web Site, including in connection with any Submission, is governed by the QNEST’s Privacy Policy .

5) MEDICAL INFORMATION AND GENERAL INQUIRY FORM

Do not provide ANY medical information to QNEST.

6) ASSUMPTION OF RISK

The Web Site is provided for communication and educational purposes only. You acknowledge and agree that any information posted on our Web Site is not intended to be legal advice or medical advice, and no fiduciary relationship has been created between You and QNEST. You further agree that your use of this Web Site is at your own risk. QNEST does not assume responsibility or liability for any advice or other information given on the Web Site.

7) REVERSE ENGINEERING, SECURITY & SPAM

You agree not to undertake any of the following actions:
I. Violate the security of the Web Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
II. Use the Web Site or any of QNEST’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

8) THIRD-PARTY LINKS, CONTENT & SERVICES

QNEST Web Site may include links to third party websites or other services that allow you to leave our Web Site. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites. We disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. We provide these links to you as a convenience and QNEST does not endorse these linked website(s). You agree that QNEST is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our Web Site.

If you would like to link to our Web Site, you may only do so on the basis that you link to, but do not replicate, any page of our Web Site, and subject to the following conditions:
(a) You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) You do not misrepresent your relationship with us or present any false information about us;
(c) You do not link from a website that is not owned by you; and
(d) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Web Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

For donations, QNEST may use third-party services such as Stripe In using these services, You agree at all times to all applicable terms and conditions set forth by the third-party service provider, e.g. Stripe services. These terms and conditions may be amended from time-to-time at the sole discretion of the third-party service. Stripe terms can be found on https://stripe.com/legal/ssa

9) MODIFICATION & VARIATION

QNEST may, from time to time and at any time without notice to You, modify this Agreement. You agree that QNEST has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Web Site and that modifications or variations will replace any prior version of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

10) TERM, TERMINATION & SUSPENSION

You or QNEST may terminate this Agreement at any time. You may terminate this Agreement by: (a) ceasing to access the Web Site; and (b) destroying all materials obtained from the Web Site; and (c) destroying all related documentation and all copies. QNEST may terminate this Agreement if, in its sole judgment, You violate any of the terms of the Agreement. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

11) DISCLAIMER OF WARRANTY

USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. QNEST EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, QNEST MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ALL INFORMATION ON OUR WEB SITE IS OF A GENERAL NATURE AND IS FURNISHED FOR YOUR KNOWLEDGE AND UNDERSTANDING AND AS AN INFORMATIONAL RESOURCE ONLY. THE DOCUMENTS AND ANY RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THIS WEB SITE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR USE OF THIS WEB SITE OR RELIANCE ON THE INFORMATION FROM EITHER.

12) LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QNEST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOSSES, OR INJURIES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, OR THE INFORMATION OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF QNEST IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

12) INDEMNIFICATION

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Web Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

13) GENERAL PROVISIONS:

I. JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Web Site or Services, You agree that the laws of the Commonwealth of Massachusetts shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and QNEST, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the Commonwealth of Massachusetts. The Parties agree that this choice of law, venue

, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

II. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@qnest.org.

III. COMPLETE AGREEMENT: These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Web Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Web Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.