THE FOLLOWING DESCRIBES THE TERMS ON WHICH QQ SOLUTIONS OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to QQ Solutions' Insurance Marketplace Classified Ad Agreement. This Agreement describes the terms and conditions applicable to your use of
this service at QQSolutions.com.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms
shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise
amended except in a writing signed by you and QQ Solutions. This agreement was last revised on
December 24, 2008.
1. Membership Eligibility.Our services are available only to individuals who
can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to
minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or
indefinitely suspended QQ Solutions members.
2. QQonline is Only a Venue.
2.1 Overview. Our site acts as the venue for sellers and employers to list items (or,
as appropriate, solicit offers to buy) and buyers to respond to such items. We are not involved in the actual transaction
between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot
ensure that a buyer or seller will actually complete a transaction.
2.2 Safe Trading. Because user authentication on the Internet is difficult, QQ Solutions
cannot and does not confirm each user's purported identity. You may wish to consider using a third party service that provide
additional user verification.
2.3 Release. Because we are not involved in the actual transaction between buyers and
sellers, in the event that you have a dispute with one or more users, you release QQ Solutions (and our officers, directors,
agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such
disputes.
2.4 Information Control. We do not control the information provided by other users
which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution, common sense when using our site. Please note that there are also risks of dealing with foreign
nationals, underage persons or people acting under false pretense.
3. Listing and Selling.
3.1 Listing Description. Listings may only include text descriptions, graphics and
pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for
which are soliciting offers to buy). All listed items must be listed in an appropriate category.
3.2 Fraud. Without limiting any other remedies, QQ Solutions may suspend or terminate
your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in
fraudulent activity in connection with our site.
4. Your Information.
"Your Information" is defined as any information you provide to us or other users
in the registration or listing process, in any public message are or through any email feature. You are solely responsible for
Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With
respect to Your Information:
4.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate
or misleading; b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not
violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer
protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain
any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall
not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.
4.2 Solely to enable QQ Solutions to use the information you supply us with, so that we
are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but
no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
QQ Solutions will only use Your Information in accordance with our Privacy Policy.
5. Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or
the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c)
if we believe that your actions may cause legal liability for you, our users or us.
6. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also
have other legal rights which vary from state to state.
7. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE).
8. Indemnity.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your
breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
9. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our
service and your listing, purchase, solicitation of offers to purchase, and sale of items.
10. No Agency.
You and QQ Solutions are independent contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this Agreement.
11. Notices.
Except as explicitly stated otherwise, any notices shall be given by
postal mail to QQ Solutions, 350 Fairway Drive, Suite 101, Deerfield Beach, Fl 33441 (in the case of QuickQuote) or to the email
address you provide to QQ Solutions during the registration process (in your case). 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 notice by certified mail,
postage prepaid and return receipt requested, to the address provided to QQ Solutions during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
12. Arbitration.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by
binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Ft. Lauderdale, Florida, and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Either you or QQ Solutions may seek any interim or preliminary relief from a court of competent
jurisdiction in Broward County, Florida necessary to protect the rights or property of you or QQ Solutions pending the completion of
arbitration.
13. General.
This Agreement shall be governed in
all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within
Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our
site may be interfered with by numerous factors outside of our control. 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. Headings are for reference purposes only
and in no way define, limit, construe or describe 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. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter hereof.
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