Terms & Conditions
TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE INCLUDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SITE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY
This website is intended for use by U.S. residents only. These Terms of Service apply to all persons accessing the website or electronic services and are expressly for the benefit only of QuickSWPPP and authorized users of this website or electronic services. No rights are implied.
SITE OWNERSHIP, IDENTIFICATION OF PARTIES, AND RESERVATION OF RIGHTS
QuickSWPPP reserves the right to periodically, unilaterally and without prior notice change these Terms of Service, and to cancel access, and may permanently ban without notice, any user or other person QuickSWPPP deems to have violated these Terms of Service.
Notices to you (including notices of changes to these Terms of Service) may be made via posting to the website or by e-mail (including in each case via links), or by regular mail, or as otherwise agreed between you and QuickSWPPP. Users should check these Terms of Service periodically. By using the Site after we post changes to these Terms of Service, you agree to accept those changes, whether or not you actually reviewed them.
WAIVER OF LIABILITY FOR MISTAKES AND ERRORS
QuickSWPPP provides this website as a Service for customers, prospective customers and employees of QuickSWPPP to learn about QuickSWPPP, its customer services and for limited contact with QuickSWPPP.
NON-DISCRIMINATION POLICY, AGE REQUIREMENT
QuickSWPPP does not discriminate on the basis of age, race, national origin, ethnicity, gender, sexual orientation or religion.
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
INTELLECTUAL PROPERTY RIGHTS
You agree that all intellectual property, including copyrights (images, logos, etc.), trademarks (words, images, phrases, sounds) and patents (design and utility) are and remain the property of the respective intellectual property owner, including QuickSWPPP. You agree to not copy, sell, license, sublicense to any individual or entity or to any other use of any intellectual property present on this website without express written permission of QuickSWPPP and the intellectual property owner.
INTELLECTUAL PROPERTY INFRINGEMENT
If you are an owner of or agent for any intellectual property you believe is present but not authorized on this website, see our Contact page for the proper contact details, and provide:
(a) identification of the work claimed to have been infringed, or if multiple works are covered by a single notification, a representative list of such works;
(b) identification sufficient of the location (e.g., page title, URL, merchandise or service description, and filename) of the material claimed to be infringing or to be the subject of infringing activity;
(c) information sufficient to allow us to contact the complaining party;
(d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, agent, or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed, and
(f) a physical or electronic signature and title of the person authorized to act on behalf of the owner of the right being infringed.
If you fail to comply with all of these requirements, your Notification may not be valid. You acknowledge and agree that QuickSWPPP is not liable, but upon receipt and notice of a claim of infringement, QuickSWPPP may remove the content as timely feasible.
You may not use our Site or electronic services to do or share anything:
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or violates someone else's rights, including their intellectual property rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our website or electronic services.
You will not attempt to access or collect data from our website or servers by any means.
You may not violate or attempt to violate the security of the QuickSWPPP website or servers including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
You may not reverse engineer or decompile any parts of the QuickSWPPP website or servers.
Violations of system or network security may result in civil and/or criminal liability. QuickSWPPP will investigate occurrences which may involve such violations and may involve cooperation with law enforcement authorities in prosecuting persons who are involved in such violations.
Any signature, including facsimile, telegraphic, computer file, digital signature, public-key cryptography, symmetric-key encryption, and any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record hereto or to any other certificate, agreement or document related to this transaction, including via any QuickSWPPP URL or server portal, and any contract formation or record-keeping through any electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.
LIMITATION OF LIABILITY
You agree that QuickSWPPP will not have to pay you damages relating to your use of this website or of any QuickSWPPP electronic services, but if required, you agree to a maximum payment of $100 as detailed below.
QuickSWPPP is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
your use of or your inability to use our website or electronic services;
delays or disruptions in our website or electronic services;
viruses or other malicious software obtained by accessing, or linking to our website or electronic services;
glitches, bugs, errors, or inaccuracies of any kind in our website or electronic services;
damage to your hardware device from the use of our website or electronic services;
the content, actions, or inactions of third parties’ use of our website or electronic services;
a suspension or other action taken with respect to your Account;
your reliance on the quality, accuracy, or reliability of information, descriptions, ratings, recommendations, and feedback (including their content, order, and display), composite information, or metrics found on, used on, or made available through website or electronic services; and
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL QUICKSWPPP, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF QUICKSWPPP, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $100; OR (B) ANY FEES RETAINED BY QUICKSWPPP WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS PURCHASER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION, JURISDICTION
THIS PROVISION REQUIRES YOU TO SETTLE DISPUTES YOU CANNOT RESOLVE OUT OF COURT WITH A NEUTRAL PARTY IN ALAMEDA COUNTY CALIFORNIA. This Agreement and all claims and disputes will be governed by, construed, and enforced in accordance with California law. All Parties agree and consent for all purposes to personal jurisdiction, forum, and venue in Alameda County, California and waive all rights to asserting contrary personal jurisdiction, forum, and venue. Unresolved claims or disputes will be handled first by mediation with a mediator jointly selected by the parties in Alameda County, California. If a claim or dispute is unresolved after two mediation meetings, the parties will proceed to binding arbitration filed with the American Arbitration Association in Alameda County, California.
ALL MEDIATION AND ARBITRATION IS SUBJECT TO THE RULES OF THE COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION WITH ALL COSTS PAID EQUALLY BY BOTH PARTIES OTHER THAN ATTORNEY FEES FOR WHICH BOTH PARTIES WAIVE ALL CLAIMS AND AWARDS OTHER THAN TORT AWARDS FOR WHICH AWARDS ARE LIMITED TO $100,000.
Each party shall select one arbitrator from the American Arbitration Association. The two arbitrators shall then select a third arbitrator. Issues and Arbitrability of an issue will be arbitrated, other than Patent and Trademark validity issues which will be filed with the appropriate Trial and Appeal Board forum. Both Parties waive all interests and rights in any and all class, representative or consolidated actions or proceedings. Intellectual property infringement disputes will be filed in the appropriate court.