Terms of Service

Welcome to Quickable, a service of QUICK Technologies LLC! Before you begin using our service, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, “terms”). In these terms, “we” and “our” refer to QUICK Technologies LLC.

Although we may attempt to notify you when major changes are made to these terms, you should periodically review the most up-to-date version (http://www.quickable.com/terms-of-service). We may, in our sole discretion, modify or revise these terms at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by these terms, you may not use Quickable.

• 1. Description of Service. Quickable is described on our home page at http://www.quickable.com/. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that Quickable is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of Quickable and any other software we or our affiliates may provide. We also reserve the right to modify, suspend or discontinue your use of Quickable with or without notice at any time and without any liability to you whatsoever.

  We reserve the right to lawfully refuse service to anyone at any time without notice for any reason.

• 2. Proper Use. You are responsible for any use of your Quickable account, for any posts made using your account, and for any consequences of such use and postings. You will use Quickable in compliance with all applicable local, state, national, and international laws, rules and regulations.

  You agree to abide by our Content Policy (http://www.quickable.com/content-policy) and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to our Content Policy, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise our Content Policy at any time, and you agree to be bound by such modifications or revisions.

  You also agree to abide by all rules, requirements, terms of services, terms of use, privacy or other policies, legal notices, developer agreements, license agreements or other similar requirements of third party websites, services or content accessed by Quickable, including without limitation those of eBay, PayPal, Craigslist, Amazon, Google, Bing, Facebook and Twitter. We are not affiliated with these services.

  Violation of any of the foregoing, including our Content Policy, may result in immediate termination of your access to 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 these terms has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

  You are responsible for all of the content you post using Quickable. Although we reserve the right to monitor content, we have no obligation to do so. Therefore, we take no responsibility for any content. Instead, we merely provide you with access to such content as a service to you.

  Although our Content Policy prohibits users from posting unlawful, offensive, harmful, inaccurate or otherwise inappropriate material, sometimes that might occur. You must use caution and common sense and exercise proper judgment when using Quickable.

  We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via Quickable or endorse any opinions expressed via Quickable. You acknowledge that any reliance on material posted via Quickable will be at your own risk.

  You must be 18 years old or older to use Quickable.

• 3. Privacy. We may access or disclose your personal or business information, including the content of your postings and information relating to your use of Quickable, if we are required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these terms. Personal and business information that we collect may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using Quickable, you consent to any such transfer of information outside of your country.

• 4. General Practices Regarding Use and Storage. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Quickable. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

• 5. Content. We take no responsibility for third-party content (including, without limitation, postings for products or services, or any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. We reserve the right at all times to remove or refuse to distribute any content on Quickable, such as content that violates these terms. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect our rights, property or safety and the rights, property or safety of users and the public. We will not be responsible or liable for the exercise or non-exercise of our rights under these terms.

• 6. Intellectual Property Rights. You acknowledge that we own all right, title and interest in and to Quickable, including all intellectual property rights (the “IP Rights”). Our IP Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Quickable. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from Quickable. As described immediately below, our IP Rights do not include third-party content used as part of Quickable, including the content of communications appearing on Quickable.

  We claim no ownership or control over any Content submitted, posted or displayed by you on or through Quickable. You or a third party, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Quickable. You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Quickable that is intended to be available to the public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Quickable. We furthermore reserve the right to refuse to accept, post, display or transmit any Content in our sole discretion.

  You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to any Content submitted.

• 7. No Resale of Quickable. Unless expressly authorized in a signed writing by us, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of Quickable, (b) use of Quickable, or (c) access to Quickable.

• 8. Support. If you have any questions about Quickable, please read our FAQs at http://www.quickable.com/frequently-asked-questions. If you have further questions, please contact our support team at support@quickable.com.

• 9. Refunds and Returns. If you purchased a product or service though a website or service that has a published refund or returns policy, you must comply with that policy. Quickable is not responsible for refunds, returns or similar matters under any circumstances.

• 10. Publicity. Any use of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including “Quickable”, “QUICK Technologies”, “Quickable Marketplace”, “quickable.com” and “theQUICKapp.com”, must be in compliance with these terms.

• 11. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to us in connection with Quickable is correct and current; and (b) you have all necessary right, power and authority to agree to these terms and to perform the acts required of you under these terms.

  We do not guarantee that Quickable will be free of problems or errors. Quickable is provided to you on an AS IS and AS AVAILABLE BASIS. WE MAKE NO WARRANTIES, CONDITIONS OR PROMISES TO YOU OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, OR ARISING BY STATUE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE.

• 12. Termination; Suspension. We may, in our sole discretion, at any time and for any reason, terminate your access to Quickable, or suspend or terminate your account. In the event of suspension or termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for back-up purposes. These terms of service shall survive suspension or termination (for any reason or no reason) of your use of Quickable.

• 13. 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.

• 14. 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.

• 15. Entire Agreement. These terms constitute the entire agreement between us and govern your use of Quickable, superseding any prior agreements between us. You also will be subject to additional terms and conditions that may apply when you use or purchase or access additional or affiliate services, third-party content or third-party software. These terms do not confer any third-party rights or benefits.

• 16. Waiver; Severability. Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms 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 these terms remain in full force and effect.

• 17. 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 these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

• 18. Governing Law; Forum; No Juries. These terms 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 these terms 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.

• 19. Headings; Construction. The section headings used in these terms are inserted for convenience only and shall not affect the meaning or interpretation of these terms. The language used in these terms 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.

• 20. Agreement. By using Quickable you agree with these terms which are binding on you and us.

The Quickable app is built using open source software.