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Welcome to the
QuickBookAgency.com
website (the "Website")
for its QuickBook Agency
services.
QuickBookAgency.com
("QuickBook", "we", "us" or
"our") provides the
services available on the
Website to you subject to
the following terms and
conditions (the "Terms and
Conditions"). By accessing
or using the Website, you
are acknowledging that you
have read, understand, and
agree, without limitation
or qualification, to be
bound by these Terms and
Conditions.
1.
Privacy
Please review our Privacy
Policy, which also governs
your visit to the Website,
so that you may understand
our privacy practices.
2.
Accuracy of Information
We
attempt to be as accurate
as possible when
describing our services on
the Website; however, to
the extent permitted by
applicable law, we do not
warrant that the service
descriptions or other
content, set forth or
available on the Website
are accurate, complete,
reliable, current, or
error-free.
3.
Intellectual Property
All
content available on the
Website, including, but
not limited to, text,
graphics, logos, button
icons, images, audio
clips, data compilations,
and software, and the
compilation thereof
(collectively the
"Content") is and remains
the property of
QuickBookAgency.com, our
affiliates, our partners
or our licensors, and is
protected by United States
and international
copyright and other
intellectual property
laws.
The
trademarks, logos, and
service marks displayed on
the Website (collectively,
the "Trademarks") are and
remain the registered and
common law marks of
QuickBookAgency.com, our
affiliates, our licensors
or our partners, in the
United States and other
countries, and are
protected by United States
and international
trademark laws. All other
Trademarks not owned by
us, our affiliates, our
partners or our licensors
that appear on the Website
are the property of their
respective owners, who may
or may not be affiliated
with, connected to, or
sponsored by us.
Except as set forth in the
limited license in Section
4 below, or as required
under applicable law,
neither the Content, the
Trademarks, nor any other
portion of the Website may
be used, reproduced,
duplicated, copied, sold,
resold, distributed,
leased, accessed,
modified, or otherwise
exploited, in full or in
part, for any purpose
without our prior written
consent. All rights not
expressly granted herein
are reserved by us.
4.
Limited License
We
grant you a limited,
revocable, and
non-exclusive license to
access and make
individual, private and
non-commercial use
("Personal Use") of the
Website subject to these
Terms and Conditions.
Please note that you may
not frame or utilize
framing techniques to
enclose the Website or any
portion thereof without
our prior written consent.
The
limited license set forth
in this Section 4 does not
include the right to: (i)
modify or download the
Website or any Trademarks
or Content or any other
portion of the Website
(except caching or as
necessary to view any of
the foregoing); (ii) make
any use of the Website or
any Trademarks or Content
or any other portion of
the Website other than
Personal Use; (iii) create
any derivative work based
upon either the Website or
any Trademarks or Content
or any other portion of
the Website; (iv) collect
account information for
your benefit or the
benefit of another party;
(v) use any meta tags or
any other "hidden text"
utilizing our name or any
Trademarks or Content or
any other portion of the
Website without our
express written consent;
or (vi) use software
"robots", "spiders",
"crawlers", or similar
data gathering and
extraction tools, or take
any other action that may
impose an unreasonable
burden or load on our
infrastructure.
We
grant you a limited,
revocable, and
nonexclusive right to
create a hyperlink to only
the home page of the
Website for Personal Use
only. A website that links
to our Website (i) may
link to, but not
replicate, any Trademarks
or Content or any other
portion of the Website;
(ii) may not expressly
state or imply that we are
endorsing such website or
its content or services or
products; (iii) may not
represent or imply that
any relationship exists
with us or misrepresent
its relationship with us;
(iv) may not contain
content that could be
construed as distasteful,
obscene, pornographic,
offensive or
controversial, and may
contain only content
appropriate for all ages;
(v) may not refer to us or
any Trademarks or our
products or services
without our prior written
approval, or portray us or
our products or services,
in a false, misleading,
derogatory, or otherwise
offensive or objectionable
manner, or associate us
with undesirable products,
services, or opinions;
(vi) may not use any
Trademark without our
prior express written
permission; and (vii) may
not link to any page of
the Website other than the
home page. We may, in our
sole discretion, and at
any time request that you
remove any link to the
Website, and upon receipt
of such request, you shall
immediately remove such
link.
Any
unauthorized use by you of
the Website or any
Trademarks or Content or
any other portion of the
Website terminates the
limited license set forth
in this Section 4 without
prejudice to any other
remedy provided by
applicable law.
5.
Third Party Links
We
are not responsible for
the content or operation
of any product or service
referred to on any
off-Website pages or any
other websites linked to
or from the Website. Links
appearing on the Website
are for convenience only
and are not an endorsement
by us, our affiliates or
our partners of the
referenced content,
product, service, or
supplier. Your linking to
or from any off-Website
pages or other websites is
at your own risk. We are
in no way responsible for
examining or evaluating
and do not undertake to
examine or evaluate, and
we do not warrant the
offerings of, off-Website
pages or any other
websites linked to or from
the Website, nor do we
assume any responsibility
or liability for the
actions, content,
products, or services of
such pages and websites,
including, without
limitation, their privacy
statements and terms and
conditions. You should
carefully review the terms
and conditions and privacy
policies of all
off-Website pages and
other websites that you
visit and/or to which you
link.
6.
Submissions
We
welcome inquiries or
feedback on the services
you use or might like to
purchase, however it is
our policy to decline
unsolicited suggestions
and ideas. Notwithstanding
our policy with regard to
unsolicited suggestions
and ideas, any inquiries,
feedback, suggestions,
ideas, concepts, know how
or other information you
provide us (collectively,
"Submissions") will be
treated as non-proprietary
and non-confidential.
Subject to the terms of
our Privacy Policy, by
transmitting or posting
any Submission, you hereby
grant us a nonexclusive,
royalty-free, perpetual,
transferable, irrevocable,
and fully sub-licensable
right to use, reproduce,
modify, adapt, publish,
sell, assign, translate,
create derivative works
from, distribute, and
display any Submission in
any form, media,
jurisdiction, or
technology, whether now
known or hereafter
developed, alone or as
part of other works. You
also acknowledge that your
Submission may not be
returned and we may use
your Submission, and any
ideas, concepts or know
how contained therein, for
any purpose including,
without limitation,
developing, manufacturing,
distributing and marketing
products.
If
you make a Submission, you
represent and warrant that
you own or otherwise
control the rights to your
Submission and that your
Submission is an original
work of authorship. You
further represent and
warrant that such
Submission does not
constitute or contain
software viruses,
commercial solicitation,
chain letters, mass
mailings, or any form of
"spam." You may not use a
false e-mail address,
impersonate any person or
entity, or otherwise
mislead us as to the
origin of any Submission.
You agree to indemnify us
for all claims arising
from your claims to any
rights in any Submission
or any claims that your
Submission violates any
third party rights.
7.
Representations and
Warranties; Limitation of
Liability
THE
WEBSITE IS PRESENTED "AS
IS." WE MAKE NO
REPRESENTATIONS OR
WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION
WITH THESE TERMS AND
CONDITIONS OR THE WEBSITE,
ITS CONTENT OR ANY OTHER
PORTION OF THE WEBSITE,
INCLUDING BUT NOT LIMITED
TO WARRANTIES OF
MERCHANTABILITY,
NON-INFRINGEMENT, TITLE OR
FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH
REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY
EXCLUDABLE UNDER
APPLICABLE LAW.
YOU
AGREE THAT WE WILL NOT BE
RESPONSIBLE OR LIABLE,
UNDER ANY CIRCUMSTANCES,
FOR ANY (a) INTERRUPTION
OF BUSINESS; (b) ACCESS
DELAYS OR ACCESS
INTERRUPTIONS TO THE
WEBSITE; (c) DATA
NON-DELIVERY,
MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER
MODIFICATION; (d) LOSS OR
DAMAGES OF ANY SORT
INCURRED AS A RESULT OF
DEALINGS WITH OR THE
PRESENCE OF OFF-WEBSITE
LINKS ON THE WEBSITE; (e)
COMPUTER VIRUSES, SYSTEM
FAILURE OR MALFUNCTION
WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE
OF THE WEBSITE, INCLUDING
DURING HYPERLINK TO OR
FROM THIRD PARTY WEBSITES;
OR (f) EVENTS BEYOND OUR
REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM
EXTENT PERMITTED BY
APPLICABLE LAW WE WILL NOT
BE LIABLE FOR ANY
INDIRECT, SPECIAL,
INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING LOST
PROFITS) OR ANY DAMAGES
WHATSOEVER RELATED TO OR
ARISING FROM THE WEBSITE
REGARDLESS OF THE FORM OF
ACTION WHETHER IN
CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE,
EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO
EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS
($100.00).
8.
Indemnification
You
agree to defend, indemnify
and hold us harmless for
any loss, damages or
costs, including
reasonable attorneys'
fees, resulting from any
third party claim, action,
or demand resulting or
arising from your use of
the Website. You also
agree to indemnify us for
any loss, damages, or
costs, including
reasonable attorneys'
fees, resulting from your
use of software "robots",
"spiders", "crawlers", or
similar data gathering and
extraction tools, or any
other action you take that
imposes an unreasonable
burden or load on our
infrastructure.
9.
Disputes
With respect to any
dispute regarding the
Website, your rights and
obligations and all
actions contemplated by
these Terms and Conditions
shall be governed by the
laws of AL, AK, AZ, AR,
CA, CO, CT, DE, FL, GA,
HI, ID, IL, IN, IA, KS,
KY, LA, ME, MD, MA, MI,
MS, MO, MT, NE, NV, NH,
NJ, NM, NY, NC, ND, OH,
OK, OR, PA, RI, SC, SD,
TN, TX, UT, VT, VA, WA,
DC, WV, WI, WY, AB, BC,
MB, NL, NS, NT, NU, ON,
PE, QC, SK and YT, as if the
Terms and Conditions were
a contract wholly entered
into and wholly performed
within AL, AK, AZ, AR, CA,
CO, CT, DE, FL, GA, HI,
ID, IL, IN, IA, KS, KY,
LA, ME, MD, MA, MI, MS,
MO, MT, NE, NV, NH, NJ,
NM, NY, NC, ND, OH, OK,
OR, PA, RI, SC, SD, TN,
TX, UT, VT, VA, WA, DC,
WV, WI, WY, AB, BC, MB,
NL, NS, NT, NU, ON, PE,
QC, SK and YT. Any dispute
relating in any way to
your visit to or use of
the Website shall be
submitted to confidential
arbitration in AL, AK, AZ,
AR, CA, CO, CT, DE, FL,
GA, HI, ID, IL, IN, IA,
KS, KY, LA, ME, MD, MA,
MI, MS, MO, MT, NE, NV,
NH, NJ, NM, NY, NC, ND,
OH, OK, OR, PA, RI, SC,
SD, TN, TX, UT, VT, VA,
WA, DC, WV, WI, WY, AB,
BC, MB, NL, NS, NT, NU,
ON, PE, QC, SK and YT,
except that, to the extent
you have in any manner
violated or threatened to
violate our intellectual
property rights, we may
seek injunctive or other
appropriate relief in
AL, AK, AZ, AR, CA, CO,
CT, DE, FL, GA, HI, ID,
IL, IN, IA, KS, KY, LA,
ME, MD, MA, MI, MS, MO,
MT, NE, NV, NH, NJ, NM,
NY, NC, ND, OH, OK, OR,
PA, RI, SC, SD, TN, TX,
UT, VT, VA, WA, DC, WV,
WI, WY, AB, BC, MB, NL,
NS, NT, NU, ON, PE, QC, SK
and YT, and you consent to
exclusive jurisdiction and
venue in such courts.
Arbitration under this
agreement shall be
conducted under the rules
then prevailing of the
American Arbitration
Association. The
arbitrator's award shall
be binding and may be
entered as a judgment in
any court of competent
jurisdiction. To the
fullest extent permitted
by applicable law, no
arbitration under this
Agreement shall be joined
to or consolidated with an
arbitration involving any
other party subject to
this Agreement, whether
through class arbitration
proceedings or otherwise.
10.
General
You
acknowledge and agree that
these Terms and
Conditions, together with
our Privacy Policy,
constitute the complete
and exclusive agreement
between us concerning your
use of the Website, and
supersede and govern all
prior proposals,
agreements, or other
communications relating to
the subject matter herein.
Approved selections for
representation have the
option to choose the
advertising services
offered and related
services - they are not
required. If agency
advertising and client
assurance services are
accepted, desired and
established; and an
account number is
generated, it is no longer
an option at that time to
receive a refund - as 3rd
party services, printing
and marketing would have
been paid for by the
agency and are not
refundable.
We
reserve the right, in our
sole discretion, to change
these Terms and Conditions
at any time by posting the
changes on the Website.
Any changes are effective
immediately upon posting
to the Website. Your
continued use of the
Website constitutes your
agreement to all such
terms and conditions. We
may, with or without prior
notice, terminate any of
the rights granted by
these Terms and
Conditions. You shall
comply immediately with
any termination or other
notice, including, as
applicable, by ceasing all
use of the Website.
Nothing contained in these
Terms and Conditions shall
be construed as creating
any agency, employment
relationship, joint
venture, partnership, or
other form of joint
enterprise between us. Our
failure to require your
performance of any
provision hereof shall not
affect our full right to
require such performance
at any time thereafter,
nor shall our waiver of a
breach of any provision
hereof be taken or held to
be a waiver of the
provision itself or of any
other provision hereof. In
the event that any
provision of these Terms
and Conditions shall be
unenforceable or invalid
under any applicable law
or be so held by any
applicable court decision,
such unenforceability or
invalidity shall not
render these Terms and
Conditions unenforceable
or invalid as a whole. We
will amend or replace such
provision with one that is
valid and enforceable and
which achieves, to the
extent possible, our
original objectives and
intent as reflected in the
original provision.
If
you have any questions
regarding these Terms and
Conditions, please contact
our legal department.
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