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The QVC Copyright Agent for notice of claims of copyright infringement can be
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Legal Department Mail Code 207
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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. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
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 ON AN "AS IS" AND “AS AVAILABLE” BASIS, 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, ACCURACY OR THOSE ARISING OUT OF A COURSE OF DEALING
OR USAGE OF TRADE. THE "AS IS" AND “AS AVAILABLE” CONDITIONS OF CONTENT ARE
EXPRESSLY MADE CONDITIONS OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF
THE QVC SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL QVC OR ITS AFFILIATES 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.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY
MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
QVC SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM QVC OR THROUGH THE QVC SERVICES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, QVC’S TOTAL CUMULATIVE LIABILITY TO
YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL
THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PRICE YOU PAID
FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM PROVIDED, HOWEVER,
THAT THE LIMITATION SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE
LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE
FROM QVC.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NOTICE
OF ANY DISPUTE OR CLAIM MUST BE PROVIDED TO QVC WITHIN ONE (1) YEAR OF ITS
ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
12. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and
hold harmless QVC, QVC's vendors, and their affiliates and related entities, and
its and their respective directors, officers, employees, and agents from and
against all claims, proceedings, demands, losses, damages, liabilities, and
costs (including without limitation reasonable attorneys' fees and court costs),
arising out of or relating to your actual or alleged 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.
13. Text Message Services and Communications
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"). Your voluntary provision of a mobile number to QVC constitutes your
consent that we, or someone acting on our behalf, may contact you by phone or
text message at that phone number, and your consent to receive such
communications for transactional, operational, or informational purposes. When
you provide your phone number to us, you warrant that you are the current
subscriber or customary user of that phone number. You understand and agree that
such calls and/or messages may be sent using automated technology, including but
not limited to an automatic telephone dialing system or artificial or
prerecorded voice. You understand and agree that you may not revoke your consent
to be contacted in this manner, though QVC may elect to honor such requests. You
agree to immediately contact us if any number you have provided to QVC is no
longer associated with you. Your failure to provide and update your accurate
information is a breach of these Terms. You agree that any telephone calls or
other communications between us and/or our agents and you and/or your agents may
be monitored and/or recorded.
Although QVC does not charge you for 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 acknowledge that our text message
platform may not recognize and respond to unsubscribe requests that do not
include the STOP keyword command and agree that QVC and its service providers
will have no liability for failing to honor such requests. If you unsubscribe
from one of our text message programs, you may continue to receive text messages
from QVC through any other programs you have joined until you separately
unsubscribe from those programs.
You may receive a final text confirming your opt-out. To receive help
information, text "HELP" to QVCGO (78246).
14. 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.
15. Electronic Communications
When you access or use the QVC Services, send e-mails to QVC, or receive
electronic communications from QVC, you are, and consent to, communicating with
QVC electronically. QVC may communicate with you by e-mail at any time of day or
by posting notices on one or more of the QVC Services. You agree that all
notices, disclosures, agreements, policies, and other communications that QVC
provides to you electronically satisfy any requirement that such communications
be in writing.
16. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver,
Jury Trial Waiver)
Please read this section carefully. It affects your legal rights. It provides
for resolution of most disputes through individual arbitration instead of court
trials and class actions. Arbitration is more informal than a lawsuit in court,
uses a neutral arbitrator instead of a judge or jury, and discovery is more
limited. Arbitration is final, binding and subject to only very limited review
by a court. This section also contains a jury trial waiver and a waiver of any
and all rights to proceed in a class, collective, consolidated, private attorney
general or representative action in arbitration or litigation to the fullest
extent permitted by law.
As referenced above, this Dispute Resolution section (including the arbitration
agreement, class action waiver, and jury trial waiver) shall survive termination
of the Terms.
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 through 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.
16(a) Arbitration Agreement
· Binding Arbitration. This provision is intended to be interpreted
broadly. Any dispute or claim arising out of or relating to these Terms, your
use of the QVC Services, or your relationship with QVC or any past, present, or
future subsidiary, parent or affiliate company or companies, whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory
(“Dispute”), will be resolved through binding individual arbitration, except
that either you or we may take a Dispute to small claims court so long as it
isn’t removed or appealed to a court of general jurisdiction. Dispute shall
include, but not be limited to: (1) any dispute or claim that arose before the
existence of these or any prior Terms (including, but not limited to, claims
relating to advertising); (2) any dispute or claim that is currently the subject
of purported class action litigation in which you are not a member of a
certified class; and (3) any dispute or claim that may arise after termination
of these Terms. Dispute, however, does not include disagreements or claims
concerning patents, copyrights, trademarks, trade secrets and claims of piracy
or unauthorized use of intellectual property. You and QVC retain the right to
apply to any court of competent jurisdiction for provisional relief, including
pre-arbitral attachments or preliminary injunctions, and any such request shall
not be deemed incompatible with these Terms, nor a waiver of the right to have
disputes submitted to arbitration as provided in these Terms. The arbitrator
shall decide all issues except the following (which are for a court of competent
jurisdiction to decide): (1) issues that are reserved for a court in these
Terms; (2) issues that relate to the scope, validity, and enforceability of the
arbitration agreement, class action waiver, or any of the provisions of this
Dispute Resolution section; and (3) issues that relate to the arbitrability of
any Dispute. These Terms and this arbitration agreement do not prevent you from
bringing a Dispute to the attention of any government agency. You and QVC agree
that these Terms evidence a transaction in interstate commerce and that this
arbitration agreement will be interpreted and enforced in accordance with the
Federal Arbitration Act and federal arbitration law.
· Mandatory Informal Dispute Resolution Process. For any Disputes, whether
pursued in small claims court or arbitration, the party initiating the Dispute
must first give the other party an opportunity to resolve the Dispute by sending
a written description of the claim to the other party (“Notice”). The Notice
shall be personally signed by the party submitting the Notice (and the party’s
counsel, if represented) and include: (1) a detailed description of the claims;
(2) a detailed description of the relief sought, including a calculation for it;
and (3) information sufficient to identify any transaction at issue. If you
submit a Notice, you shall send it to QVC, Inc., Attn.: General Counsel, 1200
Wilson Drive, West Chester, Pennsylvania, 19380. If we submit a Notice, we shall
send it to the mailing address and/or email address we have on file for you.
Upon receipt of a fully completed Notice, the parties agree to negotiate in good
faith for a period of sixty (60) days in an effort to informally resolve the
Dispute. At times, a telephone conference might be helpful to facilitate the
resolution of a Dispute. If the party receiving the Notice requests a telephone
settlement conference, you agree to personally participate (with your counsel if
you are represented) and we agree that a QVC representative will personally
participate (with our counsel if we are represented). If the parties are unable
to resolve the claim within sixty (60) days after receipt of a fully completed
Notice, you or we may then pursue a claim in arbitration or in small claims
court. Compliance with this Mandatory Informal Dispute Resolution Process is a
condition precedent to initiating any formal proceeding in arbitration or in
small claims court. Any applicable limitations periods (including statutes of
limitations) shall be tolled while the parties complete this Mandatory Informal
Dispute Resolution Process. A court of competent jurisdiction shall have the
authority to enforce this Mandatory Informal Dispute Resolution Process and to
enjoin the filing, prosecution of arbitrations, the assessment, and collection
of any arbitration fees. Notwithstanding the foregoing, a party may also elect
to raise non-compliance with this provision in arbitration, including with a
process arbitrator or merits arbitrator if applicable.
· Arbitration Process. Either you or we may start an arbitration proceeding
after completion of the Mandatory Informal Dispute Resolution Process set forth
above. If you are initiating arbitration, you must send a letter requesting
arbitration and describing the Dispute and relief sought consistent with the
requirements below 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): QVC, Inc., Corporation Service Company, 2704 Commerce Drive, Suite B,
Harrisburg, PA 17110, Attn: Legal Department. If we are initiating arbitration,
we must send a letter requesting arbitration and describing the Dispute and
relief sought consistent with the requirements below to the mailing address
and/or email address we have on file for you. The arbitration of any Dispute
shall be administered by and conducted in accordance with the rules of the
American Arbitration Association (“AAA”), including the AAA’s Consumer
Arbitration Rules and Supplementary Rules (as applicable) (“AAA Rules”), as
modified by this arbitration agreement. The AAA Rules are available online at
www.adr.org. You and we understand and agree that the AAA’s administrative
determination that this arbitration agreement comports with the Consumer Due
Process Protocol is final and that neither a court nor an arbitrator has the
authority to revisit it. If the AAA is unavailable or unwilling to administer
the arbitration consistent with this arbitration agreement, the parties shall
agree on an administrator that will do so. If the parties cannot agree, they
shall petition a court of competent jurisdiction to appoint an administrator
that will do so. An arbitration demand must be accompanied by a certification of
compliance with the Mandatory Informal Dispute Resolution Process and be
personally signed by the party initiating arbitration (and counsel, if
represented). By submitting an arbitration demand, the party and counsel
represent that, as in court, that they are complying with the requirements of
Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose
any sanctions available under Federal Rule of Civil Procedure 11 on represented
parties and their counsel. You may request to have the arbitration conducted by
a phone, video, or in-person hearing, or through written submissions, except any
Dispute seeking $10,000 or more, or injunctive relief, shall have a video or
in-person hearing unless the parties agree otherwise. You and a QVC
representative will personally appear at any hearing (with counsel, if
represented). Any in-person hearing will be held in the county or parish in
which you reside or at another mutually agreed location. An arbitrator may award
on an individual basis any relief that would be available in a court, including
injunctive or declaratory relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that
party’s individual claim. To the fullest extent permitted by law, you and we
agree that each may bring claims against the other only in your or our
individual capacity and not as a plaintiff or class member in any purported
class, collective, consolidated, private attorney general, or representative
proceeding. Further, unless both you and we agree otherwise, an arbitrator may
not consolidate more than one (1) person’s claims and may not otherwise preside
over any form of class, collective, consolidated, private attorney general, or
representative proceeding. An arbitrator must follow and enforce these Terms as
a court would. If, after exhaustion of all appeals, any of these prohibitions on
non-individualized injunctive or declaratory relief and class, collective,
consolidated, private attorney general, or representative proceedings are found
to be unenforceable with respect to a particular claim or request for relief
(such as a request for public injunctive relief), then such a claim or request
for relief will be decided by a court of competent jurisdiction, after all other
claims and requests for relief are arbitrated. The arbitrator shall issue a
reasoned written decision sufficient to explain essential findings and
conclusions. The arbitrator shall apply the cost-shifting provisions of Federal
Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration
award may be entered in any court of competent jurisdiction, except an award
that has been satisfied may not be entered. An award shall have no preclusive
effect in any other arbitration or proceeding in which you are not a named
party.
· Arbitration Fees. Payment of arbitration fees will be governed by the AAA
Rules and fee schedule. You and we agree that the parties have a shared interest
in reducing the costs and increasing the efficiencies associated with
arbitration. Therefore, you or we may elect to engage with the AAA regarding
arbitration fees, and you and we agree that the parties (and counsel, if
represented) will work together in good faith to ensure that arbitration remains
cost-effective for all parties.
· Additional Procedures for Mass Arbitration. You and we agree that these
Additional Procedures for Mass Arbitration (in addition to the other provisions
of this arbitration agreement) shall apply if you choose to participate in a
Mass Arbitration. If twenty-five (25) or more similar Disputes (including yours)
are asserted against QVC by the same or coordinated counsel or are otherwise
coordinated, you understand and agree that the resolution of your Dispute might
be delayed and ultimately proceed in court. The parties agree that as part of
these procedures, their counsel shall meet and confer in good faith in an effort
to resolve the Disputes, streamline procedures, address the exchange of
information, modify the number of Disputes to be adjudicated, and conserve the
parties’ and the AAA’s resources. If your Dispute is part of a Mass Arbitration,
any applicable limitations periods (including statutes of limitations) shall be
tolled for your Dispute from the time that your Dispute is first submitted to
the AAA until your Dispute is selected to proceed as part of a staged process or
is settled, withdrawn, otherwise resolved, terminated, or opted out of
arbitration pursuant to this provision.
o STAGE ONE. If at least one hundred (100) Disputes are submitted as part of
the Mass Arbitration, counsel for the claimants and counsel for QVC shall each
select fifty (50) Disputes to be filed and to proceed as cases in individual
arbitrations as part of this initial staged process. The number of Disputes to
be selected to proceed in Stage One can be increased by agreement of counsel for
the parties (and if there are fewer than one hundred (100) Disputes, all shall
proceed individually in Stage One). Each of the one hundred (100) (or fewer)
cases shall be assigned to a different arbitrator and proceed individually. If a
case is withdrawn before the issuance of an arbitration award, another claim
shall be selected to proceed as part of Stage One. The remaining Disputes shall
not be filed or deemed filed in arbitration nor shall any arbitration fees be
assessed or collected in connection with those claims. After this initial set of
proceedings, counsel for the parties shall participate in a global mediation
session with a retired federal or state court judge jointly selected by counsel
in an effort to resolve the remaining Disputes (as informed by the adjudications
of cases in Stage One), and QVC shall pay the mediator’s fee.
o STAGE TWO. If the remaining Disputes have not been resolved at the
conclusion of Stage One, counsel for the claimants and counsel for QVC shall
each select one hundred (100) Disputes per side to be filed and to proceed as
cases in individual arbitrations as part of a second staged process. The number
of Disputes to be selected to proceed as part of this second staged process can
be increased by agreement of counsel for the parties (and if there are fewer
than two hundred (200) Disputes, all shall proceed individually in Stage Two).
No more than five (5) cases may be assigned to a single arbitrator to proceed
individually. If a case is withdrawn before the issuance of an arbitration
award, another claim shall be selected to proceed as part of Stage Two. The
remaining Disputes shall not be filed or deemed filed in arbitration nor shall
any arbitration fees be assessed or collected in connection with those claims.
After this second set of staged proceedings, the parties shall engage in a
global mediation session of all remaining Disputes with a retired federal or
state court judge jointly selected by counsel in an effort to resolve the
remaining Disputes (as informed by the adjudications of cases in Stages One and
Two), and QVC shall pay the mediator’s fee.
o Upon the completion of the mediation set forth in Stage Two, each
remaining Dispute (if any) that is not settled or not withdrawn shall be opted
out of arbitration and may proceed in a court of competent jurisdiction
consistent with the remainder of the Terms. Notwithstanding the foregoing,
counsel for the parties may mutually agree in writing to proceed with the
adjudication of some or all of the remaining Disputes in individual arbitrations
consistent with the process set forth in Stage Two (except Disputes shall be
randomly selected and mediation shall be elective by agreement of counsel) or
through another mutually agreeable process. A court of competent jurisdiction
shall have the authority to enforce the Additional Procedures for Mass
Arbitration, including the power to enjoin the filing or prosecution of
arbitrations and the assessment and collection of arbitration fees. The
Additional Procedures for Mass Arbitration provision and each of its
requirements are essential parts of this arbitration agreement. If, after
exhaustion of all appeals, a court of competent jurisdiction decides that the
Additional Procedures for Mass Arbitration apply to your Dispute and are not
enforceable, then your Dispute shall not proceed in arbitration and shall only
proceed in a court of competent jurisdiction consistent with the remainder of
the Terms.
· Future Changes to Arbitration Agreement. If we make any future changes to
this arbitration agreement (other than a change to contact information), you may
reject any such change by sending your personally signed, written notice to the
following address within thirty (30) days of the change: QVC, Inc., Attn.:
General Counsel, 1200 Wilson Drive, West Chester, Pennsylvania, 19380. Such
written notice does not constitute an opt out of arbitration altogether. By
rejecting any future change, you are agreeing that you will arbitrate any
Dispute between you and QVC in accordance with this version of the arbitration
agreement.
16(b) Class Action Waiver; Jury Trial Waiver
You and QVC each agree that any proceeding, whether in arbitration or in court,
will be conducted only on an individual basis and not in a class, collective,
consolidated, private attorney general, or representative action. You and we
agree to waive any right to bring or to participate in such an action in
arbitration or in court to the fullest extent permitted by law. Notwithstanding
the foregoing, the parties retain the right to participate in a class-wide
settlement.
To the fullest extent permitted by law, you and QVC waive the right to a jury
trial.
17. Governing Law and Venue
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. If any claim or action proceeds in court rather
than through arbitration or for any action that seeks to enforce or challenge
the enforceability of the Dispute Resolution section (including the arbitration
agreement, class action waiver, or jury trial waiver) or any provision of the
Terms, 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. You and QVC
consent to the jurisdiction of those courts and waive any objections as to
personal jurisdiction or as to the laying of venue in such courts due to (1)
inconvenient forum or (2) any other basis or any right to seek to transfer or
change venue of any such action to another court. Notwithstanding the above, in
any claim or action alleging personal injury or property damage caused by
products you purchase from QVC, QVC reserves the right to apply the product
liability law (including any product liability defenses) of your state of
residence.
18. Miscellaneous
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 except as otherwise
provided herein. 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.
Except as otherwise provided herein, if any provision of these Terms is found to
be unlawful or unenforceable, then that provision will be deemed severable from
these Terms and will not affect the enforceability of any other provisions.
QVC may assign its rights and obligations under these Terms, including in
connection with a merger, acquisition, sale of assets or equity, or by operation
of law.
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, public health emergencies, 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 or other causes beyond QVC’s
reasonable control, whether similar or dissimilar to any of the foregoing.
Please print a copy of these Terms for your records and PLEASE check the website
frequently for any changes to these Terms.
Revised: August 7, 2024
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