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Terms of Services

Terms of Service

TERMS OF USE Lastupdated August 27, 2020   AGREEMENT TO TERMS These Terms of Useconstitute a legally binding agreement made between you, whether personally oron behalf of an entity (“you”) and Quickworx, LLC, doing businessas QuickInspect ("QuickInspect", “we”, “us”,or “our”), concerning your access to and use of the http://www.quickinspect.net websiteas well as any other media form, media channel, mobile website or mobileapplication related, linked, or otherwise connected thereto (collectively, the“Site”). You agree that by accessing the Site, you have read, understood, andagreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALLOF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITEAND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms andconditions or documents that may be posted on the Site from time to time arehereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms of Use at anytime and for any reason. We will alert you about any changes by updating the“Last updated” date of these Terms of Use, and you waive any right to receivespecific notice of each such change. It is your responsibility to periodicallyreview these Terms of Use to stay informed of updates. You will be subject to,and will be deemed to have been made aware of and to have accepted, the changesin any revised Terms of Use by your continued use of the Site after the datesuch revised Terms of Use are posted. The informationprovided on the Site is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use wouldbe contrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiativeand are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable. The Site is nottailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected tosuch laws, you may not use this Site. You may not use the Site in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA). The Site is intendedfor users who are at least 18 years old. Persons under the age of 18 are notpermitted to use or register for the Site.   INTELLECTUAL PROPERTY RIGHTS Unless otherwiseindicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by usor licensed to us, and are protected by copyright and trademark laws andvarious other intellectual property rights and unfair competition laws of theUnited States, international copyright laws, and international conventions. TheContent and the Marks are provided on the Site “AS IS” for your information andpersonal use only. Except as expressly provided in these Terms of Use, no partof the Site and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission. Provided that you areeligible to use the Site, you are granted a limited license to access and usethe Site and to download or print a copy of any portion of the Content to whichyou have properly gained access solely for your personal, non-commercial use.We reserve all rights not expressly granted to you in and to the Site, theContent and the Marks.  USER REPRESENTATIONS By using the Site, yourepresent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration informationas necessary; (3) you have the legal capacity and you agree to comply withthese Terms of Use; (4) you are not a minor in the jurisdiction in whichyou reside; (5) you will not access the Site through automated or non-humanmeans, whether through a bot, script, or otherwise; (6) you will not use theSite for any illegal or unauthorized purpose; and (7) your use of the Site willnot violate any applicable law or regulation. If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).  USER REGISTRATION You may be required toregister with the Site. You agree to keep your password confidential and willbe responsible for all use of your account and password. We reserve the rightto remove, reclaim, or change a username you select if we determine, in oursole discretion, that such username is inappropriate, obscene, or otherwiseobjectionable.  PROHIBITED ACTIVITIES You may not access oruse the Site for any purpose other than that for which we make the Siteavailable. The Site may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by us. As a user of the Site,you agree not to: 1. Systematicallyretrieve data or other content from the Site to create or compile, directly orindirectly, a collection, compilation, database, or directory without writtenpermission from us.2.Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.3.Circumvent, disable, or otherwise interfere with security-related features ofthe Site, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.4.Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.5.Use any information obtained from the Site in order to harass, abuse, or harmanother person.6.Make improper use of our support services or submit false reports of abuse ormisconduct.7.Use the Site in a manner inconsistent with any applicable laws or regulations.8.Use the Site to advertise or offer to sell goods and services.9.Engage in unauthorized framing of or linking to the Site.10.Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, ormaintenance of the Site.11.Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.12.Delete the copyright or other proprietary rights notice from any Content.13.Attempt to impersonate another user or person or use the username of anotheruser.14.Sell or otherwise transfer your profile.15.Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).16.Interfere with, disrupt, or create an undue burden on the Site or the networksor services connected to the Site.17.Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Site to you.18.Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.19.Copy or adapt the Site’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.20.Decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site.21.Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offlinereader that accesses the Site, or using or launching any unauthorized script orother software.22.Use a buying agent or purchasing agent to make purchases on the Site.23.Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.24.Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.  USER GENERATED CONTRIBUTIONS  The Site does notoffer users to submit or post content. We may provide you with the opportunityto create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limitedto text, writings, video, audio, photographs, graphics, comments, suggestions,or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theSite and through third-party websites. As such, any Contributions you transmitmay be treated in accordance with the Site Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that: 1.  The creation,distribution, transmission, public display, or performance, and the accessing,downloading, or copying of your Contributions do not and will not infringe theproprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses,rights, consents, releases, and permissions to use and to authorize us, theSite, and other users of the Site to use your Contributions in any mannercontemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each andevery identifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated by the Siteand these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, orabuse anyone.
8.  Your Contributions do not advocate the violent overthrow of anygovernment or incite, encourage, or threaten physical harm against another.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights ofany third party.
11.  Your Contributions do not contain any material that solicits personalinformation from anyone under the age of 18 or exploits people under the age of18 in a sexual or violent manner.
12.  Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors;
13.  Your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, or physicalhandicap.
14.  Your Contributions do not otherwise violate, or link to material thatviolates, any provision of these Terms of Use, or any applicable law orregulation. Any use of the Site inviolation of the foregoing violates these Terms of Use and may result in, amongother things, termination or suspension of your rights to use the Site.  CONTRIBUTION LICENSE You and the Site agreethat we may access, store, process, and use any information and personal datathat you provide following the terms of the Privacy Policy and your choices(including settings). By submittingsuggestions or other feedback regarding the Site, you agree that we can use andshare such feedback for any purpose without compensation to you.  We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site.You are solely responsible for your Contributions to the Site and you expresslyagree to exonerate us from any and all responsibility and to refrain from anylegal action against us regarding your Contributions.  SUBMISSIONS You acknowledge andagree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.  SITE MANAGEMENT We reserve the right,but not the obligation, to: (1) monitor the Site for violations of these Termsof Use; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion andwithout limitation, notice, or liability, to remove from the Site or otherwisedisable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned to protect our rights and property and to facilitate the properfunctioning of the Site.  PRIVACY POLICY We care about dataprivacy and security. By using the Site, you agree to be bound by ourPrivacy Policy posted on the Site, which is incorporated into these Terms ofUse. Please be advised the Site is hosted in the United States. If you access the Site from any other regionof the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site,you are transferring your data to the United States, and you agree to have your data transferred to and processedin the United States.  TERM AND TERMINATION These Terms of Useshall remain in full force and effect while you use the Site. WITHOUT LIMITINGANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FORNO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAWOR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE ORDELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED ATANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. Inaddition to terminating or suspending your account, we reserve the right totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.  MODIFICATIONS AND INTERRUPTIONS We reserve the rightto change, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We also reserve the right to modify ordiscontinue all or part of the Site without notice at any time. We will not beliable to you or any third party for any modification, price change,suspension, or discontinuance of the Site.   We cannot guaranteethe Site will be available at all times. We may experience hardware, software,or other problems or need to perform maintenance related to the Site, resultingin interruptions, delays, or errors. We reserve the right to change, revise,update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability toaccess or use the Site during any downtime or discontinuance of the Site.Nothing in these Terms of Use will be construed to obligate us to maintain andsupport the Site or to supply any corrections, updates, or releases inconnection therewith.  GOVERNING LAW These Terms of Use andyour use of the Site are governed by and construed in accordance with the lawsof the State of Texas applicable to agreements made and to beentirely performed within the State of Texas, without regard to itsconflict of law principles.  DISPUTE RESOLUTION Binding Arbitration If the Parties areunable to resolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusivelyresolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitrationshall be commenced and conducted under the Commercial Arbitration Rules of theAmerican Arbitration Association ("AAA") and, where appropriate, theAAA’s Supplementary Procedures for Consumer Related Disputes ("AAAConsumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share ofarbitrator compensation shall be governed by the AAA Consumer Rules and, whereappropriate, limited by the AAA Consumer Rules. The arbitration may beconducted in person, through the submission of documents, by phone, or online.The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by either Party. The arbitrator mustfollow applicable law, and any award may be challenged if the arbitrator failsto do so. Except where otherwise required by the applicable AAA rules orapplicable law, the arbitration will take place in Travis, Texas.Except as otherwise provided herein, the Parties may litigate in court tocompel arbitration, stay proceedings pending arbitration, or to confirm,modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, aDispute proceeds in court rather than arbitration, the Dispute shall becommenced or prosecuted in the state and federal courts locatedin Travis, Texas, and the Parties hereby consent to, and waive alldefenses of lack of personal jurisdiction, and forum non conveniens withrespect to venue and jurisdiction in such state and federal courts.Application of the United Nations Convention on Contracts for the InternationalSale of Goods and the the Uniform Computer Information Transaction Act (UCITA)are excluded from these Terms of Use. In no event shall anyDispute brought by either Party related in any way to the Site be commencedmore than one (1) years after the cause of action arose. If thisprovision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt. Restrictions The Parties agree thatany arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class actionprocedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons. Exceptions to Arbitration The Parties agree thatthe following Disputes are not subject to the above provisions concerningbinding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party;(b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctiverelief. If this provision is found to be illegal or unenforceable, then neitherParty will elect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.  CORRECTIONS There may beinformation on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Site at any time,without prior notice.  DISCLAIMER THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OURSERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKENO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.  LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OROUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTPAID, IF ANY, BY YOU TO US DURINGTHE FOUR (4) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  INDEMNIFICATION You agree to defend,indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from andagainst any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: (1)use of the Site; (2) breach of these Terms of Use; (3) any breach of yourrepresentations and warranties set forth in these Terms of Use; (4) yourviolation of the rights of a third party, including but not limited tointellectual property rights; or (5) any overt harmful act toward any otheruser of the Site with whom you connected via the Site. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.  USER DATA We will maintaincertain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solely responsiblefor all data that you transmit or that relates to any activity you haveundertaken using the Site. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right ofaction against us arising from any such loss or corruption of such data.  ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site,sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Site, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirement sunder any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.   CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint AssistanceUnit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112,Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.  MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or in respect to theSite constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of theseTerms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of theSite. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.  CONTACT US  In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:  Quickworx, LLC 9466 Singing Quail DriveAustin, TX 78758United State sPhone: 5126950589 finance@quickworx.net