Terms And Conditions of Service Agreement
Welcome to QuickConnect. By using the services on the QuickConnect website, you are agreeing to the following terms. If you reside outside of the United States, you are contracting with one of our international QuickConnect companies: In countries within the European Union, your contract is with QuickConnect Europe, Reading, Berkshire, United Kingdom; in all other countries, your contract is with QuickConnect International Ltd.. If you have any questions, please contact us.
Before you may become a member of QuickConnect, you must read and accept all of the terms and conditions in this User Agreement and the our Privacy Policy. By accepting this User Agreement, you also agree that your use of QuickConnect products and/or services may be governed by separate user agreements and privacy policies with other parties.
This Agreement is effective on January 1st, 2009, for current and new users.
This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions by which we, QuickConnect, provide the QuickConnect LIVE communications Tools and Services to site visitors, users, registered members and account holders. By visiting our site and using any of the tools and services provided on our site, and / or registering an account, you agree to be bound by each of the terms and conditions of this Agreement.
We may automatically amend this Agreement at any time without informing you unless you have an active account with us and then we will notify you of the amended terms via email to a working email address you register with us, if you are a registered account holder. Such amendments will be effective when sent to your last known email address. It is the account holder's / registered users duty to keep their email addresses up to date, to maintain a valid email address and to ensure that emails we send you are not filtered or blocked by spam filters or other types of email blocking functionalities. Alternatively, we may also post the amended terms and make them available for online reading by current account holders. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.
For visitors and users of QuickConnect who have not yet registered as users, or whose memberships have elapsed, it is your responsibility to read this Terms and Conditions of our Services and their use, each time you access any portion of our site. Any usage of this site, including viewing our home page or any page published on our site, as an unregistered QuickConnect user, means that you agree to be bound by each and every one of the terms and conditions in this Terms and Conditions of Service Agreement.
Using QuickConnect
While using QuickConnect Communication Tools, you may not:
- Use our products or Web site or other services if you are not able to form legally binding contracts, are under the age of 18, or suspended from our site;
- Promote, sell, or advertise items that are deemed inappropriate, restricted, or illegal (see list of Prohibited Items);
- Violate any laws whether state, federal, or International including third party rights;
- Fail to make payment for products or services purchased by you;
- Interfere with other member's listings;
- Transfer your QuickConnect account and User ID to another party without our consent;
- Distribute or post spam emails, marketing chain letters, or pyramid or matrix schemes;
- Post any personal information about any other party including celebrities;
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Copy, make modifications, disclose, or distribute content including QuickConnect's copyrights and trademarks; or
- Collect information about users, including email addresses, without their consent.
Abusing QuickConnect
QuickConnect and its Member's Community work together to keep our products and services working properly and meet the safety regulations to protect the public and the community. Please report problems, offensive content, and policy violations to us at Report Violations.
Fees and Services
We may choose to temporarily change our fees or fee structure of our products and services for promotional events or for new members, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our products and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 60 days past due).
Content
Members who display product description grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of members and users, we allow descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. Members must ensure and accept all responsibilities for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold us responsible for any inaccuracies. Users agree that our communication devices may only be used for informational purposes and only in connection with your QuickConnect listings.
Liability
You will not hold QuickConnect responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are cannot monitor chat sessions or chat content or intentions. Instead, the communication tools that we offer are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues decided by the buyer and sellers, in any format. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
Further, we cannot guarantee continuous or secure access to our communications services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our products and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $50.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the QuickConnect Privacy Policy. We view protection of members' privacy and user's privacy as a very important corporate policy.
No Partnership
No partnership, alliance, agency, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by Terms and Conditions outlined here.
Notices
Except as explicitly stated otherwise, legal notices shall be served on QuickConnect's by email to our corporate officers at contact us.
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and QuickConnect, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to alternative resolution methods, we strongly encourage you to first contact us directly to seek a resolution by contacting us for help. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Accordingly, you and QuickConnect agree that we will resolve any claim or controversy at law or equity that arises out of this Terms and Conditions of our services in accordance with reasonable normal practices of dispute resolution, arbitration, and proper filing of claims.
Additional Terms
Each of these policies may be changed from time to time. Changes take effect when we post them on the QuickConnect site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into our Web site.
General
QuickConnect Inc. is located at 111 N. Market Street., San Jose, CA 95113. If you reside outside of the United States and registered on QuickConnect, the services are offered in countries within the European Union by QuickConnect Europe Ltd., located at 400 Thames Valley Park Drive, Thames Valley Park,
Reading RG6 1PT
UK, and in all other countries by QuickConnect International in London, Marble Arch, United Kingdom. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the email. This Agreement may not be otherwise amended except in a writing signed by you and by QuickConnect. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
If you have any other questions regarding our Terms and Conditions that aren't answered above, please contact us. If you have any complaints, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services. |