II. User License
i. Scope of Use
ii. Expected Conduct of User
The user agrees that the use of the ServiceSite and/or services on the ServiceSite is subject to all applicable local, state and federal laws and regulations. The user also agrees to the following terms:
- to obey all US laws and local laws or rules pertaining to online conduct and acceptable material;
- not to copy any content such as third-party reviews and merchant content and other displayed content for republication online or in print;
not to create blog entries or merchant reviews for any commercial or other purpose or intent that does not in good faith conform with the purpose or spirit of the ServiceSite;
- not to try to gain unauthorized access to other computer systems through or from the ServiceSite;
- not to obstruct another user's use and enjoyment of the ServiceSite or another entity's use and enjoyment of the ServiceSite;
- not to transmit or upload viruses or other destructive, disruptive or harmful files; and/or
- not to disrupt, interfere with, or otherwise violate or harm the security of the ServiceSite, or any accounts, passwords, servers, services, system resources, or networks connected to or accessible through the ServiceSite or affiliated or linked ServiceSite (including those of our merchant participants).
- not to use the ServiceSite or their services or submit content to the ServiceSite if you are under the age of 13;
- not to use the ServiceSite for illegal purposes;
- not to access the ServiceSite or services using a third-party's registration /account without the express consent of the account holder;
- not to commit any acts of infringement on the ServiceSite or with respect to content on the ServiceSite;
- not to use the ServiceSite to engage in commercial activities apart from authorized use of QuickChore services;
iii. Misuse by User for Commercial Purpose
The user agrees that the misuse of QuickChore services for a commercial purpose by the re-publication of content or information from the ServiceSite may be so egregious that monetary compensation may not be an appropriate remedy and that QuickChore will be entitled to temporary and permanent injunctive relief to prohibit such use.
III. Content of Site
i. User Material
Various services offered by QuickChore on its ServiceSite allow users to display, publish, distribute, post, transmit, or otherwise submit user generated material such as merchant reviews and blog entries, to the ServiceSite (collectively, "Opinions"). The user agrees not to create any Opinions that:
- unfairly obstructs with any third party's uninterrupted use and enjoyment of the ServiceSite;
- disparages, promotes, advertises, or offers to trade any services in any manner that does not comply with the purpose or spirit of the ServiceSite such as negative reviews posted by competing merchants or any other disparaging remarks;
- is intended primarily to promote a movement or cause of a political or religious nature or the like;
- contains copyrighted content (copyrighted images, text, articles, illustrations or other related content) without the express permission of the copyright owner;
- encourages, constitutes or promotes illegal acts, including the violation of any right of any entity or individual, the violation of any state, state, local or international law, guideline, regulation, rule or any way forms liability;
- releases any personal identifying information such as images of a minor without consent of a guardian, parent or educational supervisor;
- includes abusive, hateful, vulgar, profane, or sexually explicit epithets, language, or slurs, text in poor taste, inflammatory attacks of a sexual, racial, personal, or religious nature, or expressions of racism, discrimination bigotry, or hate;
- is misleading, deceptive, fraudulent, defamatory, threatening, disparaging, inflammatory, false, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the right of publicity of any third party or the privacy rights , is unreasonably offensive or harmful to any community or individual, contains any actionable statement, or tends to mislead or reflect unfairly on any other business, person or entity;
- infringes any patent, trade secret, copyright, trademark, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- harms or is unsuitable for minors to view;
- links to any commercial or other website; and/or
ii. Representations and Warranties
Each time a user provides an Opinion to the ServiceSite, that user represents and warrants that the user agrees to the following for that Opinion:
- The user has express permission from the copyright owner to use the Opinion on the ServiceSite;
- For merchant review Opinion(s), the user has first-hand knowledge and experience with the merchant’s services;
- The user is the author of the Opinion;
- The Opinion is not protected by copyright law; and
iii. License Grant to QuickChore By User
iv. Responsibility for Material Disclaimer
Opinions are not endorsed by QuickChore, and do not exemplify the views of QuickChore or its parents, affiliates, subsidiaries, officers, directors, or agents. The user acknowledges and agrees that QuickChore does not control all Opinions, and disclaims any responsibility for such Opinions. QuickChore specifically disclaims any responsibility, obligation or duty, to screen, refuse to post, review, remove, or edit any Opinions. Further, QuickChore does not warrant or represent that any other information or content accessible via the ServiceSite is complete, reliable, accurate, current or error-free such as pricing, services description, hours of operation or other related content from its merchant participants. Pricing, services description, product/service availability, and other related merchant information are subject to change without notice. QuickChore assumes no liability or responsibility for any omissions or errors in the content of the ServiceSite. The merchants control the pricing of their services. Prices of services may vary by merchant and be different on merchant’s site, storefront or through any media used to advertise merchant services. The price shown on the ServiceSite may include a markup by those services.
v. Proprietary Rights for Content
IV. Future Modifications and Termination to the ServiceSite
QuickChore reserves, solely and with absolute discretion, the right to discontinue, suspend or modify at any time, with or without notice, the ServiceSite and/or services offered on or through the ServiceSite (or any portion thereof), for example, the ServiceSite' features, look and feel, and functional elements and related services.
VI. Warranties Disclaimers
The information products, services, materials and content available through the ServiceSite (whether provided by QuickChore, users, or other third parties) including without limitations regarding: orders, text, photos, Opinions, graphics, audio files, video files, links are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, implied or either expressed.
To the fullest extent permitted by law, QuickChore disclaims all warranties and representations, implied or express, without limitations regarding warranties of: noninfringement, freedom from computer viruses and malware, merchantability, implied warranties arising from course of dealing or course of performance and fitness for a particular purpose.
VII. Liability Limitations
Under no circumstances shall QuickChore shall be liable for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages or any loss damages in any manner, whether notified of the likeliness of such damages by QuickChore, whether in action arising due to negligence, contract or other claims in pertaining to the use, inability to use, performance of, or services provided on or through the ServiceSite. QuickChore assumes no responsibility and shall not be liable for any damages or malware that may infect a computer system or other related property by virtue of a user using, downloading, accessing content from the ServiceSite. Similarly, QuickChore assumes no responsibility and shall not be liable for any damages for any content, services, products, information, or material provided by its ServiceSite or related third parties for any falsehood, danger, profanity, error, defamation, slander, libel, omission, obscenity, pornography contained on the ServiceSite or harm caused thereby to person or property. Notwithstanding any failure of essential purpose of any limited remedy, these limitations shall apply unless the jurisdiction does not recognize exclusion of limitations of liability.
VIII. Security and Account
For ServiceSite services, a user must create an account ("Account") or use the ServiceSite as a guest. To create an Account, the user must select a username and password and provide certain personal information. To take advantage of the ServiceSite' services, the user agrees to: (i) provide accurate, true, current and complete information about that user as requested by the registration form, and (ii) maintain and update the information provided earlier to ensure that the information is current, accurate and complete. If the user provides any information that is inaccurate, incomplete, or not current, or QuickChore has the right to investigate whether such information is inaccurate, incomplete, or not current. For any reason, QuickChore has the right to deny all and any existing or future use of the ServiceSite (or any part thereof).
The user is responsible for preserving the confidentiality and security of that user’s Account and password, and the user is fully responsible for all activities pertaining to that password or Account, and for any other activities related to the Account or password. The user agrees to: (i) immediately inform QuickChore of any suspected or known breach of security, including theft, loss, or unauthorized disclosure of his or her password or credit card information or any suspected or known unauthorized use(s) of his or her password or Account; and (ii) ensure that he or she will exit from his or her Account at the end of each session. QuickChore will not be liable for any damage, loss, or injury of any kind associated with that user’s failure to comply with (i) and (ii) or for any omissions or acts by the user or someone else using the user’s Account and/or password.
IX. Links to Other Websites
The ServiceSite may contain links to other website. These websites may or may not be affiliated with QuickChore. QuickChore is not responsible for the web page content provided by third parties independent of QuickChore. Visiting any third-party website pages is at the user’s own risk. QuickChore does not control these third-party website pages, nor does it assure the completeness, accuracy or timeliness of information provided by third-party website pages. The user’s use of such information is voluntary, and the user’s reliance on such information should be made only after independent review. Commercial services or products displayed on third-party website pages are not necessarily endorsed by QuickChore. The user agrees and acknowledges that QuickChore is not responsible for: the availability of and the content located on or through any third-party website pages.
X. Use of Trademarks
QuickChore℠ (word and design) and The Routines Made Simple℠ (word and design) are QuickChore trademarks and service marks. Such trademarks and other marks, logos, and names of QuickChore or the ServiceSite, displayed on or associated with the ServiceSite may not be used pertaining to any service or product that is not under QuickChore's control or ownership. Additionally, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that discredits or disparages QuickChore. All other trademarks not owned by QuickChore or its affiliates that is displayed on the ServiceSite are the property of their respective owners, who may or may not be connected to, affiliated with, or sponsored by QuickChore or its affiliates.
XII. Applicable Laws and Jurisdiction
XIII. General Provisions
ii. Entire Agreement
iii. No Waiver
iv. Section Headers