Welcome to Quickable, a service of QUICK Technologies LLC! Before you begin using our service, you must read and agree to our content policy, including any future amendments (collectively, this “policy”). In this policy, “we” and “our” refer to QUICK Technologies LLC.
Although we may attempt to notify you when major changes are made to this policy, you should periodically review the most up-to-date version (http://www.quickable.com/content-policy). We may, in our sole discretion, modify or revise this policy at any time, and you agree to be bound by such modifications or revisions. If you do not agree to abide by this policy, you may not use Quickable.
1. Acceptance of Terms. By using Quickable, you agree to comply with this policy. If you object to any part of this policy or any subsequent modifications to this policy or become dissatisfied with Quickable in any way, your only recourse is to immediately discontinue use of Quickable. We may strictly enforce this policy in any lawful manner, including investigation, litigation and prosecution.
2. Content. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from Quickable, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via Quickable.
You understand that we do not control, and are not responsible for, Content made available through Quickable, and that by using Quickable, you may be exposed to Content that is offensive, inaccurate, misleading, or otherwise objectionable. We make no representation or warranty as to the accuracy, completeness or authenticity of any information accessed using Quickable, including information retrieved from third party sites.
You must evaluate, and bear all risks associated with, the use of any Content. Under no circumstances will we or our affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Quickable. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via Quickable, for violating the letter or spirit of this policy or for any other reason.
3. Third Party Content, Sites and Services. Quickable and Content available through Quickable contain features and functionalities that link you or provide you with access to third party content that is completely independent of us, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through Quickable, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these organizations and/or individuals.
We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on or via this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. If you have a dispute with one or more other users, whether users of Quickable or websites accessed through Quickable, you hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
4. Conduct. You agree not to post, email, or otherwise make available Content that:
- a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, pornographic, or is harmful to minors in any way;
- b) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- d) impersonates any person or entity, including, but not limited to, our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- e) includes personal or identifying information about another person without that person's explicit consent; for example, you may not post someone else's credit card numbers, Social Security numbers, unlisted phone numbers, or driver's license numbers;
- f) is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- g) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- h) constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or Content unrelated to the mission of Quickable;
- i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- j) disrupts Quickable with an excessive amount of Content (flooding attack) to Quickable, or that otherwise negatively affects other users' ability to use Quickable;
- k) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Quickable;
- l) collects personal data about users for unlawful purposes;
- m) uses automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Quickable;
- n) repeatedly posts the same or similar Content or otherwise imposes an unreasonable or disproportionately large load on our infrastructure; or
- o) involves any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Quickable.
5. Termination of Service. If you violate this policy, we may immediately terminate your access to and use of Quickable, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of Quickable in order to (a) determine whether a violation of this policy has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
We, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Quickable (or any part thereof), immediately and without notice, and remove and discard any Content within Quickable, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of this policy. Further, we shall not be liable to you or any third-party for any termination of your access to Quickable. Further, you agree not to attempt to use Quickable after said termination.
This policy shall survive the termination of your use of Quickable for any reason or no reason.
6. Indemnification. You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, and employees from and against any claim arising from or in any way related to your use of Quickable, including your use of services that Quickable may access, including without limitation eBay, PayPal, Craigslist, Amazon, Google, Bing, Facebook and Twitter. Your hold harmless and indemnity covers, without limitation, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. We will provide you with written or electronic notice of such claim, suit or action.
7. Collection Expenses. You agree to pay all expenses, including reasonable attorneys' fees and disbursements, reasonably incurred by us in endeavoring to collect any amounts payable by you to us that are not paid when due.
8. Waiver; Severability. Our failure to exercise or enforce any right or provision of this policy shall not constitute a waiver of such right or provision. If any provision of this policy is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this policy remain in full force and effect.
9. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Quickable or this policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Governing Law; Forum; No Juries. This policy and your use of Quickable will be governed by and construed in accordance with the laws of Massachusetts, without giving effect to its conflict of law provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising under or in connection with Quickable or this policy will be brought exclusively courts in Boston, Massachusetts, and you consent to the jurisdiction of such courts. We and you waive all rights to a trial by jury in connection with any action or judicial proceeding.
11. Headings; Construction. The section headings used in this policy are inserted for convenience only and shall not affect the meaning or interpretation of this policy. The language used in this policy is the language chosen by you and us to express our mutual intent. No rule of strict construction shall be applied against you or us.
12. Electronic Signatures. By clicking “I agree”, we accept that you agree with this policy with the intent to be bound by all of its terms and conditions. This policy is binding on you and us.
13. Reporting Violations of this policy. Please report any violations of this policy by email to firstname.lastname@example.org.