Qwikker.com Terms of Use

Thank you for visiting the Qwikker™ website, located at www.qwikker.com (the “Website” ). The Website is owned and operated by Qwikker, Inc. (“Qwikker™,” “we”, “us” or “our”). By visiting the Website, you are agreeing to comply with and be bound by the following terms of use (the “Agreement”). This Agreement is inclusive of any operating rules, policies or documents expressly incorporated herein by reference and/or published from time-to-time. Please review this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and Qwikker™ with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website.

Minors

The Website is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”) and Canada (excluding Quebec). This Website is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18) and/or not a citizen of the U.S. or Canada (excluding Quebec), you do not have permission to use and/or access the Website and should discontinue using the Website immediately.

Description of Service

The Website provides information regarding Qwikker™ and its available products and services. In addition, Qwikker™ clients may utilize the password protected client area of the Website in order to review and manage client accounts. Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to this Agreement. You understand and agree that Qwikker™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for any Qwikker™ product or services and/or any associated functionality. You understand and agree that Qwikker™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion. If Qwikker™ terminates this Agreement for any of the reasons set forth in this Agreement, Qwikker™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute with Qwikker™ arising out of or relating to the Website. This Agreement only governs your use of the Website. To access the Qwikker™ Privacy Policy please click here. www.qwikker.com

License Grant

As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content, and download product and/or service information or other materials made available for download for your personal use, in accordance with this Agreement. We may terminate this license at any time for any reason. You may use the Website on one computer for your own non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, any content featured therein or any portion thereof. We reserve any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Unless otherwise agreed in writing, you are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website; (b) the links only incorporate text and do not use any of our trademarks; (c) you do not replicate Website content; (d) the links and related content on your site do not suggest any affiliation with Qwikker™ or cause confusion among consumers; (e) the links and related content on your site do not portray Qwikker™ or its products or services in a false, misleading, derogatory, or otherwise offensive manner; (f) the links and related content on your site are not operated for any commercial purposes; and (g) links to our sites are not embedded into or otherwise contained within frames representing your website.

Proprietary Rights

Qwikker™ owns the Website. We own or have rights to all of the wallpaper, icons, characters, artwork, design, images, graphics, music, text, software, databases and all copyrightable or otherwise legally protected elements of the Website including, without limitation, the selection, sequence and “look and feel” and arrangement of items and all trademarks, service marks and trade names (“Qwikker™ Content”), and all HTML, CGI and other code and scripts in any format used to implement the Website (“Code”). The Qwikker™ Content and Code comprising the Website are protected by copyright and other intellectual property rights. Except for the uses permitted above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Qwikker™ Content from the Website without our prior written agreement. You may not use the Qwikker™ Content or Code for any purposes other than those set forth above. All names, logos and trademarks which appear on the Website are our property or are used by us under license. You may not use any of them for any purpose without our prior express written permission. Your failure to comply with this Agreement will constitute breach of contract, may violate our copyright, trademark and other proprietary and industrial property rights and may subject you to liability for damages. We require users to respect our copyrights, trademarks, and other intellectual property rights.

Third Party Content and Websites

In addition to the Qwikker™ Content, the Website may contain references, URLs or hyperlinks to other content or websites owned by third parties. The appearance, availability, or your use of references, URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Qwikker™ or any of its affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party content or websites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such content or website, whether Qwikker™ or any of it affiliates’ logo or sponsorship identification is use in connection with the third party content or website as part of a co-branding or promotional arrangement. If any third party providing such content or operating such website obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. We make no warranties of any kind regarding any third-party non-Qwikker™ sites to which you may be directed or hyperlinked from the Website. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-Qwikker™ sites.

Indemnification

You agree to indemnify and hold Qwikker™ and its affiliates, or any of their successors and assigns, and each of their respective members, officers, directors, employees, agents, licensors, suppliers, operational service providers, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. Qwikker™ reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Qwikker™ in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Qwikker™. The provisions of this paragraph are for the benefit of Qwikker™ and its affiliates, or any of their successors and assigns, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer

THE WEBSITE AND/OR ANY OTHER PRODUCTS, INFORMATION AND/OR SERVICES THAT MAY BE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (A) THE WEBSITE AND/OR ANY OTHER PRODUCTS, INFORMATION AND/OR SERVICES THAT MAY BE AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE AND/OR ANY OTHER PRODUCTS, INFORMATION AND/OR SERVICES THAT MAY BE AVAILABLE ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR ANY OTHER PRODUCTS, INFORMATION AND/OR SERVICES THAT MAY BE AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR ANY OTHER PRODUCTS, INFORMATION AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Modifications to the Website and these Terms of Use

This Agreement is effective until revised or terminated by Qwikker™. You may terminate your acceptance of this Agreement after you discontinue any further use of this Website. Qwikker™ may also terminate this Agreement at any time and may do so immediately without notice. We reserve the right to deny you access to the Website or to revise the services, information and products available at the Website at any time without notice. Such revisions will be effective as soon as we make them. Upon any termination of the Agreement by either you or Qwikker™, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under this Agreement or otherwise. Any rights you give Qwikker™ prior to your cessation or termination of the use of the Website shall continue unaffected.

We may at any time revise this Agreement without specific notice to you. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Website. Your continued use of this Website following the posting of changes to this Agreement will mean that you accept those changes and agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

Privacy Policy

Use of the Website, and all comments, feedback, information or materials that you submit through or in association with the Website, is subject to our Privacy Policy, which is hereby incorporated into and made a part of this Agreement. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy.

Legal Warning

Any attempt by any individual, whether or not a Qwikker™ user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

General

Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. The invalidity of any term, condition or provision of this Agreement shall not affect the enforceability of those portions of this Agreement deemed enforceable by applicable courts of law. You may be subject to additional terms and conditions that may apply when you use or purchase certain other Qwikker™ products, services or third-party services, content or software. In the event of any inconsistency between any additional terms and this Agreement, the additional terms shall govern as to their particular subject matter. The failure of Qwikker™ to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Qwiker™’s rights with respect to such breach or any subsequent breaches.

Choice of Law

This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in a state or federal courts sitting in the City of New York, County of New York, State of New York, and you consent to the exclusive personal jurisdiction of such courts. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with this Agreement or your use of any part of the Website must be asserted individually.

Contact Us

If you have any questions regarding this Agreement, or would like more information from us, please contact us at .

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