Welcome to QuickPrix ("we," "us," "our", or "QuickPrix"). We provide a digital platform (the "Platform") accessible via our website, mobile application, and other online services and products (collectively, the "Services"). By using our Services, you, as the user ("you," "your," or "user"), agree to comply with and be legally bound by these Terms of Use ("Terms"). If you do not agree with these Terms in their entirety, you are not authorized to use our Services.
Please read these Terms carefully, and also review our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information. Both the Terms of Use and Privacy Policy are integral parts of our legal agreement with you.
By using our Services, you affirm that you are at least 13 years of age or older, and fully able and competent to enter into and comply with these Terms. If you are under the age of 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a minor, you agree to and accept full responsibility for that child's use of the Services, including all financial charges and legal liability that he or she may incur.
We reserve the right, in our sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional rules, policies, terms or conditions on your use of the Service, at any time. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Additional Terms") will be posted on the Service and will be effective immediately after such posting and thereafter incorporated into these Terms. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms.
All content, trademarks, service marks, logos, and other intellectual property displayed on or available through our Services are either owned by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws. Unless expressly permitted in writing by QuickPrix, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Services.
You may be able to upload, store, publish, display, and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, reproduce, communicate, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content for the purpose of allowing you to edit and display such User Content using the Services and archiving or preserving User Content for disputes, legal proceedings or investigations.
You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading and publishing your User Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and our users to use and distribute your User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by us and these Terms; and (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
You agree not to engage in any of the following activities via the Services:
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination, all rights and obligations will be extinguished except that any rights or obligations which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If you wish to terminate your account, you may do so by following the process on the Services.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, and we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. You acknowledge that the entire risk arising out of your use of the Services remains solely with you, to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services remains with you. Neither QuickPrix nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not QuickPrix has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Our Services may include or reference content, materials, information, or links to websites and services provided by third parties. These third-party materials are not under our control, and we are not responsible for their content or performance. Your dealings with any third parties, including third-party websites and services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. Your use of these third-party materials is at your own risk and is subject to the terms and conditions of use for such materials.
You agree to indemnify, defend, and hold harmless QuickPrix, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions and/or your use of the Services, including, but not limited to, your User Content, third-party sites, any use of the Services' content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Services.
These Terms and any action related thereto will be governed by the laws of the United States of America without regard to its conflict of laws provisions.
You agree that any dispute or claim relating in any way to your access or use of the Services, to any products or services sold or distributed through the Services, or to any aspect of your relationship with QuickPrix, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify; and (b) you or QuickPrix may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.