Effective Date: This Terms of Use Agreement was last updated on August 24, 2009.
This Terms of Use Agreement sets forth the standards of use of the
www.QQSolutions.com Web site, which is owned by QQ Solutions, Inc. By using the
www.QQSolutions.com Web site, you (the "Member") agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this Web site. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective immediately
upon being posted on the www.QQSolutions.com Web site. Your continued use of the
web site after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
Description of Service
QQ Solutions is providing Member with a Web site
for information purposes. Member must provide (1) all equipment necessary for
their own Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees related to such
connection.
Disclaimer of Warranties
The Web site is provided by QQ
Solutions on an "as is" and on an "as available" basis. To the fullest extent
permitted by applicable law, QQ Solutions makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this Web
site in terms of its correctness, accuracy, reliability, or otherwise. QQ
Solutions shall have no liability for any interruptions in the use of this Web
site. QQ Solutions disclaims all warranties with regard to the information
provided, including the implied warranties fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied
warranties; therefore, in such cases, the above-referenced exclusion is
inapplicable.
Limitation of Liability
QQ SOLUTIONS SHALL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR QQ SOLUTIONS SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR
LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS
WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN
CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN
IF QQ SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE
INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold QQ
Solutions, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Member’s use of the Web
site, the violation of this Agreement, or infringement by Member, or other user
of the Service using Member’s computer, of any intellectual property or any
other right of any person or entity.
Modifications and Interruption to Service
QQ Solutions
reserves the right to modify the Web site with or without notice to the Member.
QQ Solutions shall not be liable to Member or any third party should QQ
Solutions exercise its right to modify the Web site. Member acknowledges and
accepts that QQ Solutions does not guarantee continuous, uninterrupted or secure
access to our Web site and operation of our Web site may be interfered with or
adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our Web site may include links to other
Web sites on the Internet that are owned and operated by third parties. You
acknowledge that QQ Solutions is not responsible for the availability of, or the
content located on or through, any third-party site. You should contact the site
administrator or Webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those
third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members to review
said privacy policies of third-parties' sites.
Governing Jurisdiction of the Courts
Our Web site is
operated and provided in the State of Florida. As such, we are subject to the
laws of the State of Florida, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make no representation that
our web site or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our Web site you agree to
do so subject to the internal laws of the State of Florida.
Compliance with Laws
Member assumes all knowledge of
applicable law and is responsible for compliance with any such laws. Member may
not use the Web site in any way that violates applicable state, federal, or
international laws, regulations or other government requirements. Member further
agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included
or available on this Web site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is Copyright © 2009 QQ
Solutions, Inc. with All Rights Reserved. Any use of materials on the Web site,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written permission of
an authorized officer of QQ Solutions is strictly prohibited. Member agrees that
they will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our Web pages or the content contained therein
without prior written permission of an authorized officer of QQ Solutions, Inc.
QQ Solutions, QQ WebRater, QQWebRater.com QQ Evolution, QQEvolution.com,
QuickQuote and QuickFile are proprietary marks of QQ Solutions, Inc. (QQ
Solutions' trademarks may not be used in connection with any product or service
that is not provided by QQ Solutions in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits QQ
Solutions). All other trademarks displayed on QQ Solutions' www.QQSolutions.com
Web site are the trademarks of their respective owners, and constitute neither
an endorsement nor a recommendation of those vendors. In addition, such use of
trademarks or links to the web sites of vendors is not intended to imply,
directly or indirectly, that those vendors endorse or have any affiliation with
QQ Solutions.
Notification of Claimed Copyright Infringement
Pursuant to
Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, QQ Solutions designates the following individual as
its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Attn: Chief Operating Officer
QQ Solutions, Inc.
350 Fairway Drive, Suite 101
Deerfield Beach, FL 33441
Phone: 800.940.6600
Fax: 800.940.3299
Other Terms
If any provision of this Terms of Use
Agreement shall be unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum possible extent.
Member agrees that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by QQ Solutions in our sole discretion, to a
third party in the event of a merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member. Member
agrees that by accepting this Terms of Use Agreement, Member is consenting to
the use and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement.