KW Graphics and Web partners with Quickwatch to provide your hsting. These terms and conditions (the “Terms” or “Agreement”) govern your use of QuickWatch products and technology support services provided either online at https://www.quickwatch.support/ (“Site”) and/or by remote access, chat, telephone or other media by Integrity and Technology, LLC d/b/a QuickFix, its software providers, vendors, affiliates and contractors and/or subcontractors (“QuickFix”, “We”, “Our”, or “Us”).
QUICKWATCH SOFTWARE SERVICES
Subject to the terms and conditions herein, QuickFix shall (1) by its Site provide the QuickWatch software (“Product” or “QuickWatch Software”) and through the Product shall provide the QuickWatch Software Services; and (2) by its employees and agents provide additional remote support services as described at the Site (“QF Remote Services”). The QuickWatch Software Services include services performed by the Product including any updated, upgraded, improved, modified or corrected version(s), and any other software We provide, and consist of regular monitoring of subscribing computers, websites or other devices (collectively “Seats” or “Devices”), reporting of any exceptions via email, SMS and the Dashboard, asset tracking, reporting and all other automated services provided by the Product or through QF Remote Services. The scope of QuickWatch Software Services depends upon Your Product selection(s) during the Product set-up and upon your payment for the Product and adherence to these Terms. The Product scope may cover websites and may include Unlimited Backup and Anti-Malware Protection and may be adjusted from time to time by You via the Dashboard provided with the Product, via a QuickFix Geek or online via the Site. The Site, the QuickWatch Software Services and the QF Remote Services described herein are collectively referred to as the “Services”)
Use of Software
The Product is the property of QuickFix’s licensor and is protected by copyright laws and international treaties.
While You will not own the Product, You will have certain rights to use the Product after acceptance of these Terms. Except as may be modified in writing Your rights and obligations with respect to the use of this Product are as follows:
i. use this Product on the number of computers, websites and other devices for which You are subscribing to the service (collectively “Seats” or “Devices”);
You may not:
i. make any copies of all or part of the Product or any documentation of it other than as expressly permitted in this Agreement;
ii. sublicense, rent or lease any portion of the Product or host the Product on your computer for others to use;
iii. install or use the Product on any computers, websites or devices other than those owned or authorized and licensed by You, or provide access to the Dashboard except to the end users of those Seats or employees of QuickFix;
v. reverse engineer, decompile, disassemble, modify, translate, make any attempts to discover the source code of the Product or create derivative works from the Product;
vi. use the QuickFix trademarks (including the QuickFix, QuickWatch, QuickFixGeek trademarks) as part of a product name, trademark or business name, without prior written approval from QuickFix;
vii. create, market or distribute add-ons or enhancements to the Product without the prior written consent of QuickFix; or
viii. copy any portion of the QuickWatch product graphical user interface for incorporation into or use for any software or other product or use the QuickFix trademark as part of a product.
You acknowledge and agree that:
i. While a QuickWatch subscriber, You will receive no fee-based problem resolution and repair services on Computers serviced by the QuickWatch Software other than those QF Remote Services or other Services provided by QuickFix. The Customer shall supply QuickFix with all information and access required to enable QuickFix to provide the QuickWatch Software Services and/or the QF Remote Services.
ii. Should an Internet connection or electrical supply not be provided to Your Seats, or be too slow or unreliable to permit the Product to operate properly, or if You have installed the Product on an unsupported platform, QuickFix will not be able to monitor and thus report on those Seats. It is Your responsibility to ensure that an Internet connection and electrical power are available at all relevant times.
iii. You will comply with all of these Terms.
v. Any violation by You of this Agreement will cause QuickFix irreparable harm entitle QuickFix to immediate and permanent injunctive relief in addition to all other available remedies.
If You subscribe to a Product and related Services or enroll in a Free Trial, QuickFix grants to You, and You accept, the non-assignable, nontransferable, non-sublicensable, and non-exclusive right to access and use the Product you have selected only as authorized in these Terms and related documentation as described on the Site for the duration of the subscription term and for the number of Seats or access points purchased through the Site. For the avoidance of doubt, “Seats” and “Devices” mean the total number of personal computers, websites or devices on which the Product is licensed and installed, or for networks, Internet connected users that may have access to the Product.
License Grant for Installed Software.
If the Product or Service You purchase or subscribe to includes downloading any related software that is required to be installed on Your systems, including but not limited to client software (e.g. for Max Backup) or a virtual appliance, then subject to these Terms, QuickFix grants you a limited, non-transferable, non-exclusive right to install and use the object code version of the Software in conjunction with the Services solely for your internal use. Customer acknowledges that all right, title and interest in the Product, including but not limited to copyrights, patents, trade secrets, and other proprietary rights, shall remain with QuickFix’s licensors, except for the limited rights granted to Customer herein. Also, this software is only available via online download and cannot be obtained from any physical media.
Term of Agreement.
The term of this Agreement will commence on the Effective Date set forth above and will continue until terminated by either party as provided below. In the event that a separate agreement provides for a different term, such agreement will control for that specific agreement only. Either party shall have the option to terminate this Agreement, without cause, by providing one hundred twenty (120) days’ notice of its intent to terminate the Agreement without cause. These Terms can be terminated for cause, at any time provided the alleged breaching party is provided a reasonable opportunity not longer than 30 days to cure the alleged breach. Excluding Free Trials and online purchases, your subscription to the applicable Product will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate the subscription.
FEES AND PAYMENT TERMS.
In exchange for Product and the Services performed, You agree to compensate Us at the rates identified in Our published fee schedule. Such rates are exclusive of any federal, state, or local sales or use taxes, or any other taxes or fees assessed on, or in connection with any of the Services rendered hereunder. You will pay all undisputed invoices within fifteen (15) days of receipt thereof.
In addition, You shall reimburse QuickFix its actual out-of-pocket expenses as reasonably incurred by QuickFix in connection with the performance of Services. Additional expenses for materials, services, training and hardware may only be incurred by QuickFix and charged to You if prior written approval from You has been obtained.
A late charge of one and one-half percent (1½%) per month, or the legal maximum if less, shall accrue on past due billings unless You notify QuickFix of a billing dispute in writing prior to the payment due date. You shall be responsible for any costs incurred by QuickFix in the collection of unpaid invoices including, but not limited to, collection and filing costs and reasonable attorney’s fees of not less than fifteen percent (15%) of the outstanding balance due.
If you purchase Product(s) online: You expressly agree that QuickFix is permitted to invoice and charge your credit card or accepted payment account the applicable fees, any applicable taxes and any other charges that you may incur with QuickFix in connection with your use of the Product(s) and that such fees, taxes and related charges will be billed to the credit card or accepted payment account that you provide at the time a fee or charge is due and payable.
i. You agree to allow QuickFix, or our payment affiliates or services providers, to process/or store your payment information.
ii. If payment is not received or cannot be charged to your credit card or accepted payment account for any reason in advance of the applicable subscription period, QuickFix reserves the right to either suspend or terminate your access to the Product, and at QuickFix’s sole discretion, terminate these Terms.
iii. All fees are payable in U.S. Dollars and are based on Product(s) purchased and not on actual usage. All fees are non-refundable.
iv. The prices do not include any taxes and you shall pay any applicable sales use, excise, withholding or other taxes applicable to sale or furnishing of the Product(s) or related Software. If sales tax is applicable, unless we collect and remit such tax to the relevant State authority, you are responsible for paying this tax directly to the relevant authority.
You acknowledge and agree that QuickFix will charge your credit card or accepted payment account on record with QuickFix for the then-current subscription period upon the commencement of any renewal period.
You shall be charged monthly or yearly for each individual Product or Service provided on any computer which has an active agent installed during month for which a charge is imposed. An Active Agent is defined as an agent installed on any computer which is actively being monitored by the Product. You agree to pay the monthly or yearly fee for each Product or Service performed during the month and to pay for any applicable one-off charges. You shall be provided 30 days’ notice of any price change.
QF REMOTE SERVICES
QuickFix may also provide as described at the Site, access to certain live remote support services provided by QuickFix’s remote support staff based in the USA, via telephone, by chat, and by remote access to Your computer and/or other media. The composition, scope, means, methods and sources of such services and the QuickWatch software through which they are delivered may vary from time to time as described at the Site. If services beyond the scope of QuickWatch are requested by You and are agreed to by QuickFix, QuickFix will use commercially reasonable efforts to answer Your technology questions and resolve Your technology problems for a fee as set forth at the Site or as quoted. QuickFix may provide certain portions of the QF Remote Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain services may have minimum system requirements as QuickWatch or QuickFix may determine from time to time in their sold discretion.
QF Remote Services may include QF Remote Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription QF Remote Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).
If, at Your request, We agree to send Our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by Us in order to provide You with technology support services, then these Terms shall govern such provision of services as well.
Authorization to Access Your Computer; Monitoring of the QuickWatch Software Services and QF Remote Services and Phone Calls
You acknowledge that by Your use of the QuickWatch Software Services and QF Remote Services You are authorizing QuickFix and its software service partner(s) to access and control Your computer or device (collectively “Device”) for the purposes of diagnosis, service and repair. In connection with delivering the Services, QuickWatch or QuickFix may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these Terms, You hereby grant QuickFix the right to connect to Your Device, download and use QuickWatch software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that QuickFix has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services. We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research.
If you use QuickWatch Data Backup, Your backed-up data will be encrypted for its security. Sound management of access to the encryption key is essential to your data’s security and restoration. You are responsible to determine by whom the encryption key will be maintained. You may designate QuickFix to manage your encryption key. If QuickFix manages your encryption key, it will be responsible for providing the key and restoring your data. You may also elect to manage your encryption key yourself. If you do not provide QuickFix with access to the key and lose access to the key, QuickFix will be unable to restore your data.
The subscription Product services may not be successful because a problem may be beyond Our Product’s ability to resolve remotely. If you have purchased a subscription and a malfunction exceeds the capability of our software to generate a remote correction whether automated or personalized, we may agree to provide additional services at your location (“Individual Service”) for which you agree to pay any quoted fee. You have purchased an Individual Service from QuickFix, then the following warranty applies: if Your Device is not damaged or out of date due to its age and capacity, and continues to experience a hardware or firmware malfunction, and is not We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within five (5) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful and You are not at fault, We will refund the fees that You paid for the Individual Service.
As set forth below, there are no other warranties for the Services. QuickFix makes no warranties or representations with respect to advice, guidance, information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.
DISCLAIMER OF OTHER WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUICKFIX DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. QUICKFIX MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES NOT PROVIDED BY QUICKFIX IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL QUICKFIX, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR DEVICE AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF QUICKFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF QUICKFIX, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00 WHICHEVER IS THE LESSER.
SOFTWARE AND TOOL USE FOR QF REMOTE SERVICES
QuickFix may need to download and/or run QuickWatch branded third-party software on one of Your Seats or a Device to help diagnose and resolve Your technology problem. QuickFix uses several types of software: the first type provides Device system information which helps to diagnose and resolve Your technology problem, the second type allows QuickFix to remotely control Your Seat or Device and modify its settings or software, and the third type generally consists of utilities and other tools to improve Seat or Device performance and help resolve Your technology problem. You acknowledge and agree that use of all such software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that We may download and utilize Software from third party Web sites and accept any applicable license agreements on Your behalf. You acknowledge and agree that We may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You may use the QuickFix branded software or other provided by or through QuickFix or the Services only in connection with the Services and for no other purpose. You agree that We may, but are not obligated to, remove any Software downloaded to Your Device during the Services after We have completed or terminated the Services.
You shall have responsibility regarding the following if applicable:
i. To ensure that the necessary application knowledge is available and conveyed from You to Our support team.
ii. Provide ready access to all appropriate computing platforms, documentation (e.g., program source, copybooks, tables, subroutines) necessary to fully understand the current customer systems and environments throughout the life of the engagement.
iii. Provide external communications capability and/or access any on-site project team to access Your information technology system for after hours or weekend Services as required.
iv. Provide passwords and job numbers to Our employees as needed.
v. Cooperate with Us and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve Your technology issue, You may be required to consent to the downloading and use of Product on Your Seats and accept all applicable license agreements for such software.
Registration, Passwords and Security
In order to use certain Product or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify QuickFix immediately upon learning of any unauthorized disclosure or use of Your password or other account information. QuickFix has no liability for any unauthorized use of the Services under Your account or on Your Device.
Fees and Payment for QF Remote Services
The applicable fees for the QF Remote Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the QF Remote Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected QF Remote Services, as well as any applicable taxes. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless You have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one-time set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is one (1) month. Unless You have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, You may cancel any monthly Subscription charge within five (5) days following Your purchase of the Subscription Service, by contacting QuickFix. Fees for the installation of a Product are not refundable. By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize QuickFix to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs QuickFix that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact QuickFix if You do not wish to renew Your Subscription Service; if You do not contact QuickFix, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at QuickFix’s then-applicable fees. If for any reason we are not able to charge your credit card, we reserve the right immediately to terminate the Services. You agree to indemnify and hold harmless QuickFix for any resulting harm to You, your Device, software, data or its functioning.
Service Availability and Limitations
The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to obtain Subscription Services, You must at all times have current and functional antimalware software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, Your covered Seat(s) must be malware free (as determined by Us) at the time that You purchase the Subscription Service. If We determine that it is infected, We may require that You purchase a Service to clean Your Device prior to obtaining Subscription Services. QuickFix reserves the right to terminate Your Subscription Service, upon notice, if QuickFix determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that Your Subscription Service is terminated, QuickFix will refund to You on a per diem basis any unused portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
Use of the Services
Your use of the Services is only for disclosed and approved purposes at your Seats and on Your Devices, and is not resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services.
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) QuickFix’s trademarks and copyright symbol if applicable and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. QuickFix reserves the right to revoke the authorization to view, download, use, copy and save or print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from QuickFix. Except as expressly provided herein, You may not use, download, upload, copy, save, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of QuickFix. Any rights not expressly granted herein are reserved by QuickFix.
You shall not: (a) “mirror” any Content on the Site on any other server without QuickFix’s prior express written permission, (b) use the Product(s) for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of QuickFix or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.
If You have purchased Personal Subscription Services, the subscription applies to all peripheral Devices (e.g. printers, cameras, home networks) that are attached to Your personal computer Seats at the time that You purchase the Subscription Services. Activation or troubleshooting of other peripheral Devices (e.g. Devices that are acquired after the date of Your Subscription Services purchase) may require an additional fee.
Modifications to the Services
We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.
While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet is guaranteed and none can be fully secure, and in any event, We cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.
All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to QuickFix (“Submissions”) shall be considered non-confidential and QuickFix’s property. By providing such Submissions to QuickFix, You agree to assign to QuickFix, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. QuickFix shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that QuickFix may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.
You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You represent, warrant and agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
• restrict or inhibit anyone from using and enjoying the Site or the Site’s services;
• are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
• constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
• violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
• contain a virus, spyware, malware or other harmful component;
• contain embedded links, advertising, chain letters or pyramid schemes of any kind;
• constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
• contain sensitive, proprietary or confidential information about Yourself or others.
Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through Your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of Your activities and You submit Submissions at Your own risk.
By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our licensors or affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and We may delete or destroy any such Submissions at any time.
QuickFix respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws.
QuickFix is the licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
QuickFix, QuickFixGeek and QuickFix, and all Our other product names, service names, slogans, and related logos are common law or registered trademarks or trademarks of Integrity and Technology, LLC in the United States and other countries. You are not permitted to use these trademarks, or any other QuickFix trademarks, without the prior written consent of QuickFix.
All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of QuickFix and its products, and (2) an endorsement of the company or its products by QuickFix.
Links from and to the Site
This Site may contain hyperlinks to Web sites that are not controlled by QuickFix. QuickFix is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
You may not provide any type of link to the Site without the express written permission of QuickFix. We reserve the right, however, to deny any request or rescind any permission granted by Us to link through such other type of link, and to require termination of any such link to the Site, at Our discretion at any time.
Dealings with Third Parties
In the course of delivering the Services to You, We may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although We may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services.
We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that QuickFix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by QuickFix.
QUICKFIX RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, QUICKFIX WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION QUICKFIX MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
The information communicated on the Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that QuickFix, on behalf of itself an others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to You by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
DISPUTE RESOLUTION AND BINDING ARBITRATION
As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between You and Us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute.
If a dispute arises between You and QuickFix, You should first attempt to resolve it by contacting Our Customer Service Center at (434) 326-5087 or by sending the details of Your complaint, including Your contact information for a response, to the QuickFix Customer Service Center address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
We also participate in informal dispute resolution services offered by the Better Business Bureau. As a Better Business Bureau Accredited Business, We have made a commitment to follow the BBB Code of Business Practices. Further information about this program is available at www.bbb.org/us/Business- Accreditation/. You may seek to have the Better Business Bureau help resolve a Claim by submitting a complaint using their free online complaint system at www.bbb.org/us/Business-Complaints/.
Agreement to Arbitrate; Right to Opt Out
If informal efforts to resolve Claims fail or are not used, You agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) You may assert Claims in a small claims court in the City of Charlottesville or County of Albemarle, Virginia, unless We agree to another such small claims court in the United States. if Your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD.
ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE PROHIBITED BY THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY QUICKFIX IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH QUICKFIX, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that Your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, We agree to reimburse You the amount of all filing, administration and arbitrator fees You are required to pay for the arbitration.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if You are a resident of the United States; if Your use of the Services has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If You are a resident of a country other than the United States, the arbitration will be conducted by the AAA under its rules for international arbitration, and You and We agree to submit to the personal jurisdiction of the U.S. District Court in the Western District of Virginia, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If You and We can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.
To begin an arbitration proceeding, You must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.
YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location selected by the Arbitrator in Charlottesville or Albemarle County, Virginia if You are from Virginia or an adjacent state, or if you are more distant, then at a location designated by the AAA or arbitrator that is reasonably convenient to both parties or by video or teleconference.
The arbitration can only decide Claim(s) between You and Us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of Virginia (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the
Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
Recovery and Attorneys’ Fees
If the arbitrator rules in Your favor on the merits of any Claim You bring against Us and issues You an award that is 25% greater in monetary value than Our last written settlement offer made to You before written submissions are made to the arbitrator, then We will (i) pay You 150% of Your arbitration damages award, up to $1,000 over and above Your damages award; and (ii) pay Your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that You or Your attorney reasonably incurred for investigating, preparing, and pursuing Your Claim in arbitration. If the arbitrator rules in Our favor on the merits of any Claim You bring against Us and issues You an award that is 25% less in monetary value than Our last written settlement offer made to You before written submissions are made to the arbitrator, then We will (i) pay You 50% of Your arbitration damages award.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses You may have under applicable law, although You may not recover duplicative awards of attorneys’ fees or costs. If Your use of the Services was principally for personal or household use, QuickFix waives any right it may have to seek an award of attorneys’ fees and expenses from You in connection with any arbitration of Claims between Us.
You and We shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to Your or Our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability
This Arbitration Provision shall survive termination of Your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
QuickFix/QuickFix Customer Service Center Address:
660 Hunters Place, Ste B12
Charlottesville, VA 22911 U.S.A.
Fax: +1 (434) 220-5433
The substantive laws of the State of Virginia, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
Notices and communications to QuickFix must be sent to the applicable address given in these Terms or to:[email protected]
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of QuickFix is currently located at 660 Hunters Place, Ste. B12, Charlottesville, VA 22911, phone (434) 326-5087. The charges for the Services are specified on the Site. If You have a complaint regarding the Services or want to request a paper copy of these Terms, please contact QuickFix by writing to the address above, or by e-mail [email protected], or by calling (434) 326-5087.
Currently, the Services are only available for residents of the United States. QuickFix may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that You are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.