Legal - Terms of Use

Last updated: February 1, 2022

These Terms of Use (this “Agreement” or the “Terms”) govern the agreement between QuickFee, Inc., including any of our affiliates such as QuickFee Group LLC, QuickFee Finance LLC and QuickFee GCI LLC (“QuickFee”, “we”, “us”, “our” or words of similar import) and you (alternatively, a “User”) regarding your use of (a) quickfee.com or any other QuickFee related websites (collectively, the “Website”), (b) the QuickFee platform, applications, mobile applications (including mobile versions of the Website) and any related services (collectively, the “Apps”), and (c) any software we make available through the Website or Apps and any other tools, modules, remote services, servers or other offerings or services of any kind owned, provided or otherwise operated by QuickFee (together with the Website and Apps, the “Services”).

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICES.  BY CLICKING “I AGREE,” “SUBMIT,” “LOG IN,” CREATING AN ACCOUNT (AS DEFINED BELOW) OR THE LIKE INDICATING ACCEPTANCE ELECTRONICALLY, OR BY ACCESSING OR USING THE SERVICES OR ANY CONTENT OFFERED THROUGH THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS, AS THEY MAY BE UPDATED FROM TIME TO TIME IN OUR SOLE DISCRETION.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES.

Use of the Services is also governed by our privacy policy, the current version of which can be found at quickfee.com/privacy (the “Privacy Policy”), which is incorporated herein by reference.

Services

License

Subject to your agreement and compliance with these Terms and any other relevant QuickFee policies, including the Privacy Policy, we hereby grant you a non-exclusive, non-transferable, revocable and limited right and license to access and use the Services through a web browser or, as and if applicable, through use of Apps.  You agree that you will only use the most recent versions of any Services made available by us if we communicate that only the most recent version(s) can be used by you and you acknowledge that certain features or elements of the Services may not operate properly if an older version of any Service is being used by you.  As used in these Terms, “Other User” means another licensee or user of the Services.

 Minimum Age Requirement

A User may only use the Services if such User is at least eighteen (18) years of age.  If you are under the age of eighteen (18), you understand that you must receive permission from a parent or legal guardian to use any of these Services, and by your use of any Services you and your parent or legal guardian represent you have received permission from such parent or legal guardian to enter into these Terms.

Accounts and Access  

In the event you register and join certain applicable Services offered by QuickFee, you become an Account Holder (as defined below).  As an Account Holder, you must register for an account through the Website or, as applicable, any App (an “Account”).  You may only register for one Account.  An “Account Holder” means the person or entity in whose name an Account is registered.  A “Third Party Account” means an Account not registered by you.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any Service; (c) you shall not access any Service in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) without first obtaining our written permission, you shall not use any of the Services if we have notified you that you may not use any such Services; and (f) you shall not use any of the Services to engage in any illegal conduct. All copyright and other proprietary notices on any Service content must be retained on any copies.

Activity Prohibitions 

In addition, you agree not to use any of the Services to: (a) act in any way we deem to be in conflict with the spirit or intent of the Services, including, but not limited to, circumventing or manipulating these Terms; (b) use any Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; (c) modify or cause to be modified any files or content that are used to offer any Service, without our express prior written consent; (d) disrupt, overburden or aid or assist in the disruption or overburdening of any computer or server used to offer or support any Service (each a “Server”) or the use or enjoyment of any Service by any other person; (e) institute, assist or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon any Service or other attempts to disrupt any Service or any other person’s use or enjoyment of any Service; (f) gain, or attempt to gain, unauthorized access to any Service, third party accounts, Servers or networks connected to any Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of any Service); (g) post any content that is abusive, threatening or that a reasonable person understands could cause substantial harm or is obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive; (h) post any content that contains what we reasonably deem, in our sole discretion, to be excessive violence or offensive subject matter or that contains a link to such content; (i) harass, abuse, harm, bully, intimidate or advocate, threaten or incite harassment, bullying, intimidation, abuse or harm of another person or group of persons, including our employees, customer service representatives, our independent contractors or other users; (j) post, distribute or make available through any Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy or any other intellectual property right of any person or entity; (k) transmit unauthorized communications through any Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; (l) interfere or attempt to interfere with the proper functioning of any Service in any way not expressly permitted by these Terms; (m) use any offline reader, robot, tool, process or any other device or method of any kind to data mine, reproduce or circumvent any Service or content in any Service in any way; (n) intercept, examine or otherwise observe any proprietary communications used by a client, other user, Server or any Service, whether through the use of a network analyzer, packet sniffer or other device; (o) make any automated use of any Service or take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (p) bypass any robot exclusion headers or other measures we take to restrict access to any Service or use any software, technology or device to send content or messages, scrape, spider or crawl any Service or harvest or manipulate data from, through or relating to any Service; (q) use, facilitate, create or maintain any unauthorized connection to any Service, including, without limitation: any connection to any unauthorized server that emulates, or attempts to emulate, any part of any Service, or any connection using programs, tools or software not expressly approved in writing by us; (r) copy, modify or distribute rights or content from any of our Services, including, but not limited to, content that contains or is protected by our copyrights, trademarks or other intellectual property rights, or use any method to copy or distribute the content of our Services, except as specifically allowed in these Terms; (s) solicit or attempt to solicit personal information from other users; (t) collect, harvest or post anyone’s private information (including personally identifiable information, whether in text, image, video or other form), identification documents or financial information through any of our Services; or (u) upload or transmit (or attempt to upload or to transmit), without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).  Any use of any Service in violation of any of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted under these Terms and may subject you to liability for violations of applicable laws.

Modification

We reserve the right, at any time, to modify, suspend or discontinue any Service or any part thereof (including modifying any URL link) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or any part thereof. Any future release, update or other addition to functionality of any Service shall be subject to these Terms.

User Content

“User Content” means any and all communications, materials, data and other information and content that you create, upload, post, send, share or otherwise transmit through use of any Service, including, without limitation, any information related to your use of any Service or any other third party platform you have authorized to interface with any Service. As between you and us, you are the owner of all rights, title and interest in and to the User Content, and except as otherwise expressly stated in these Terms or the Privacy Policy, you reserve all rights in and to the User Content.  You are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates this Agreement or any applicable laws. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content.

License

You hereby grant us a non-exclusive, perpetual, worldwide, royalty-free, fully paid up license to use your User Content as necessary or otherwise useful to provide any Service or otherwise in accordance with these Terms and the Privacy Policy. To be clear, any personal information included in your User Content may only be used by us in accordance with the Privacy Policy.  Because certain Services are used in conjunction with our partners, the license you grant us for any of your User Content that you elect to share via any of our Services is broader than simple use. In addition to the rights you grant us in connection with other Services, for User Content you elect to share at your sole discretion via our Services, you also hereby grant us a perpetual license to promote, exhibit, broadcast or otherwise display such User Content. You acknowledge and agree that we may display certain sponsored content you select to include with any User Content that you then share at your sole discretion, and that you are not entitled to any compensation for such sponsored content. While we’re not required to do so, we may access, review, screen and delete your User Content at any time and for any reason, including if we think such User Content violates these Terms.

QuickFee Intellectual Property

Ownership

As between you and us, the Services and all of their respective components and contents (including without limitation any computer code, pre-populated content, concepts, artwork, photographs, audio-visual effects, text contained within and patent, copyright, trademark, trade secret and any other intellectual property rights therein) are owned by us.  The Services are protected by copyright, trademark and other laws of both the United States and foreign countries and may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any unauthorized commercial purpose, or used in any manner other than as permitted by these Terms, without our express prior written consent in each instance.  You agree not to engage in any reverse engineering, de-compiling or other activities designed to view the source code for any Service and are prohibited from reverse engineering, de-compiling or otherwise engaging in activities designed to view the source code thereof.

Feedback

In the event you provide us with any feedback about any Service, including, without limitation, any errors, flaws, issues, suggestions or otherwise (collectively, “Feedback”), you hereby assign to us any and all rights, title and interest in and to the Feedback, including, but not limited to, the right to use such Feedback in any manner we deem appropriate.  To the extent any Feedback may not be assigned to us, whether under any applicable law or otherwise, you agree to provide us with an exclusive, royalty-free, fully paid-up, irrevocable, perpetual, transferable, worldwide license to use such Feedback in any manner we deem appropriate.

Third Parties

Third Party Sites & Ads

You understand that our Services may feature advertisements from us or third parties or provide links to third party websites or vendors.  The Privacy Policy addresses our disclosure of information for third party advertising and our policy regarding links to such third parties.

Other Users

We are not responsible for any User Content. We provide User Content only as a convenience and do not review, approve, monitor, endorse, warrant or make any representations with respect to your User Content or the user content of any other users. Your interactions with other Services users are solely between you and such user. If there is a dispute between you and any other Services user, we are under no obligation to become involved. You agree that we will not be responsible for any liability, loss or damage incurred as the result of any such interactions.

Seeking to Take Down Infringing Content 

We reserve the right to terminate without notice your access to any Service if you are determined by us to be a “repeat infringer.”  In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.  Without limiting the foregoing, it is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  If you believe your work has been copied and posted on any of our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on our Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: info@quickfee.com.

Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” AND WE MAKE NO (AND HEREBY DISCLAIM ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICE (IN WHOLE OR IN PART). WE DO NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF ANY SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND OTHER ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Limitation on Liability

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE NOR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (THE “QUICKFEE PARTIES”) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, MISUSE OR INABILITY TO USE ANY SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES. THE MAXIMUM LIABILITY OF QUICKFEE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR ANY SERVICE SHALL NOT EXCEED U.S. $50. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY.

Term and Termination

Failure to Comply

WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCESS TO ANY SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOU USE ANY SERVICE FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR OTHER IMPROPER USE.  WE SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR, AND SHALL HAVE NO LIABILITY TO YOU FOR, ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION OR DELETION OF YOUR ACCESS TO ANY SERVICE.

IP Infringement

WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE ACCESS TO ANY SERVICE, OR ANY PORTIONS THEREOF, INCLUDING ANY CONTENT INCORPORATED THEREIN, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING ANY SERVICE IF WE BELIEVE THAT SUCH USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR OTHER POLICIES.

Right to Cease Service

We reserve the right to stop offering or supporting any Service or part thereof at any time, at which point the license granted hereunder to you to use such Service or any applicable part thereof will automatically terminate.  We shall not be required to provide refunds, benefits or other compensation to Users in connection with any such cessation of any Service.

Indemnification

You agree to defend, indemnify, save and hold us and the other QuickFee Parties harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of (a) your use or misuse of any Service, (b) any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein, (c) your use or access of any third party software or service utilized in connection with any Service, (d) your violation of any applicable laws or any infringement by you, or any third party acting on your behalf, of any intellectual property, real property, privacy or other right of any third party, (e) any intentional misconduct or negligence by you in using any Service, or (f) any User Content provided by you to be used on or through any of the Services.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and the other QuickFee Parties and you agree to cooperate with our defense of these claims.  We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  You agree that the provisions in this paragraph will survive any termination of your allowed use of the Services.

General

Changes to Terms

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Services.  You may also be given additional notice, such as an email message or messaging within the Services, of any changes.  You will be deemed to have accepted such changes by continuing to use the Services.  If we revise these Terms or the Privacy Policy and seek your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Services again, then notwithstanding anything to the contrary, we reserve the right to terminate your Account and use of the Services. If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other QuickFee policy, rule or code of conduct relating to your use of the Services, your right to use the Services will immediately terminate, and you must immediately stop using the Services. Except as otherwise stated, all amended terms shall automatically be effective when they are posted.  We may also revise other policies, codes or rules at any time and the new versions will be available on the Website or otherwise through the Services.  No amendment to the Terms or Privacy Policy shall apply to any dispute of which we had actual notice before the date of the amendment.

Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to us are of a unique and irreplaceable nature, the loss of which may irreparably harm us and which cannot be replaced by monetary damages alone, so that we shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  

Force Majeure  

QuickFee shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond our control, such as acts of god, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law

This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Los Angeles, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Contact Information

We welcome your comments or questions regarding these Terms or our practices. Please e-mail us at info@quickfee.com.

Entire Agreement

This Agreement (including the Privacy Policy and any of our other policies incorporated by reference herein) constitutes the entire agreement between you and us regarding use of any Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2022, QuickFee. All rights reserved. All trademarks, logos and service marks (“Marks“) displayed on any of our Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.