QuickChore Corp. ("QuickChore") operates its website and mobile site, located at www.quickchore.com and its mobile native application (collectively, “ServiceSite”) in accordance with the following terms of use. Please read the following Terms of Use carefully before using QuickChore or any of its services. For inquiries pertaining to any orders, see our Refund Policy. For information on promoting or advertising your business through QuickChore, visit Merchant Sign-up Form for Merchants (http://www.quickchore.com/merchantsignup/).
I. Acceptance & Applicability of Terms of Use
By viewing, browsing, accessing, submitting, or using any content or material on the ServiceSite, that user agrees to these Terms of Use as a binding legal agreement between you and QuickChore, without limitation or qualification. The term "user” shall refer to any person or entity who uses, views, accesses, browses or submits any content or material to the ServiceSite.
If the user does not agree to these Terms of Use, then that user is prohibited from using the ServiceSite. QuickChore reserves the right to modify these Terms of Use at any time without prior notice.
The user agrees that each visit to the ServiceSite made by the user shall be subject to the then-current Terms of Use, and continued use of the ServiceSite now or future revisions in these Terms of Use confirms that the user have read, agreed, and accepted to be bound by such modifications.
II. User License
i. Scope of Use
QuickChore grants the user permission (which may be withdrawn for any reason at any time or without any reason) to view the ServiceSite and to download, email, print individual pages from the ServiceSite or share via social networking associated with these Terms of Use and solely for the user’s own personal, non-commercial use, provided that the user does not remove any copyright, trademark or any other notice contained on such pages. All other uses are prohibited. The user is prohibited from, for example, incorporating the information, content, or other material in any cache, archive, database or compilation. The user is prohibited from transmitting, modifying, copying, distributing, re-publishing, displaying, performing, reselling, licensing, reproducing, publishing, reusing, creating derivative works from, transferring, or selling any information, content, material, software, products or services obtained from the ServiceSite, except as specifically noted above. Unless specifically approved by QuickChore, the user is prohibited from deep-linking to the ServiceSite for any purpose or access the ServiceSite manually or automatically with any web crawler, extraction software, automated process, robot, spider or device to scrape, copy, or monitor any portion of the ServiceSite or any information, content, or material on the ServiceSite. QuickChore reserves all of its common law and statutory rights against any person or entity who violates this section. The user is prohibited from linking or framing to any pages of the ServiceSite or any content contained therein, whether in part or in whole, without prior written consent from QuickChore. The user may follow or like QuickChore or share links to the ServiceSite using social networking tools displayed on the ServiceSite. Any rights not expressly granted herein are reserved.
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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:
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- 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;
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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;
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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
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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:
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- 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
- is not otherwise in compliance with these Terms of Use.
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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:
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- The user has express permission from the copyright owner to use the Opinion on the ServiceSite;
- The user has the right to grant QuickChore the license disclosed in these Terms of Use;
- 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
- The use of the ServiceSite and Opinions(s) do not violate these Terms of Use.
iii. License Grant to QuickChore By User
The user grants to QuickChore, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, archive, store, publish, transmit, perform, distribute, copy, modify, display, reproduce and create derivative works from all Opinions that the user provides to QuickChore in any form, software, media, or technology of any kind now known in existence or developed in the future. In a non-limiting manner by any statements throughout the Term of Use, the user authorizes QuickChore to include Opinions provided by the user in a searchable format that may be accessed by any user of the ServiceSite. The user also grants QuickChore and its and related entities the right to use any CI (as referred in QuickChore's Privacy Policy) included with any Opinion associated with the reproduction, use or distribution of such Opinions. The user also grants QuickChore the right to use the Opinions and any ideas, concepts, facts, know-how or techniques ("Data") contained in any Opinion or communication that the user sent to QuickChore for any purpose whatsoever, for example, manufacturing, promoting, developing, and/or marketing products and services. The user grant all rights disclosed in this section in consideration of the user’s use of the ServiceSite, without compensation of any sort to that user. QuickChore does not claim ownership of Opinions.
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
The user acknowledges and agrees that the ServiceSite contain content that is protected by intellectual property and other laws and is proprietary information, and may not be used except as provided in these Terms of Use without written permission of QuickChore. All ServiceSite graphics, interfaces, design, text, and images (and the arrangement, variations and selection thereof), and software, scripts, active server pages, hypertext markup language ("HTML") and other related software and content used in the ServiceSite are reserved.
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.
V. Indemnity
The user agrees to indemnify and hold QuickChore, its parents, subsidiaries, affiliates, directors, officers, agents, or other employees harmless from any demand, claim, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone associated with the user’s use of the ServiceSite, with that user’s Opinions, with any alleged infringement of intellectual property or other right of any person or entity relating to the ServiceSite, that user’s violation of these Terms of Use, and any other acts or omissions relating to the ServiceSite.
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.
QuickChore and the user agrees that the liability limitations and warranty disclaimers of the Terms of Use are bargained-for bases of this agreement, material and have been considered by each party for this agreement and each party has entered into this agreement. QuickChore and the user agrees that the liability limitations and warranty disclaimers in this agreement is reasonable and fair.
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.
XI. Consideration for Terms of Use
The user acknowledges and agrees that these Terms of Use are supported by reasonable and valuable consideration. The adequacy and receipt of said consideration are hereby acknowledged. The user acknowledges that such consideration includes, without limitation, the user’s use of the ServiceSite and use or receipt of data, products and/or services and content through the ServiceSite, the likelihood of our review, display or use of that user’s Opinion(s), and the likelihood of promotion and publicity from our use, review or display of that user-generated content.
XII. Applicable Laws and Jurisdiction
This Site is controlled and created by QuickChore in the State of Virginia. The user agrees that these Terms of Use will be construed and governed by the laws of the United States and the State of Virginia, without consideration to conflicts of law provisions. ServiceSite usage is prohibited in any jurisdiction that does not recognize and enforce all provisions of this Terms of Use. QuickChore makes no assurances or claims that the ServiceSite are suitable or may be downloaded outside of the United States. The user agrees that all legal proceedings associated with these Terms of Use, or services available on or through the ServiceSite must be filed in a federal or state court located in Alexandria, VA, within one year of the time in which the events giving rise to such claim occurred, or said claim will be forever waived and barred. The user explicitly submits to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
XIII. General Provisions
i. Enforceability
If any part of these Terms of Use is deemed to be invalid, void or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that reflects the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
ii. Entire Agreement
Unless expressly recited in a particular "Privacy Policy" posting or other announcement on particular pages of the ServiceSite, these Terms of Use, which hereby incorporate by reference the terms of QuickChore's Privacy Policy, constitute the entire agreement between the user and QuickChore, superseding all prior agreements regarding the ServiceSite.
iii. No Waiver
The failure of QuickChore to enforce or exercise any provision or right of the Terms of Use shall not constitute a waiver of said provision or right. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from events or acts beyond the reasonable control of such party and arising without its negligence or fault, without limitation, civil or military authority, interruption of electric or telecommunication services, acts of God, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
iv. Section Headers
The section headers in the Terms of Use have no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
