Acceptance of Terms
By registering for and/or using the Services in any manner, including but not limited to visiting, browsing and using the Services to create a webpage, bundle weblinks, shorten & edit weblinks (“URL”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Services by sendquik, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by sendquik from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
sendquik reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice or by sending you notice through the Services or by e-mail. sendquik may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. sendquik may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.4. Fees and Payment
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available. To the extent sendquik has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
* The primary Fee to use sendquik shall be the Subscription Fee, which is payable in advance (after any free trial period has expired) by the Customer for each Paid User Account (or a batch of Paid User Accounts, as applicable). * The Subscription Fee applies to each Paid User of sendquik (or a batch of Paid User Accounts, as applicable) associated with a Customer Account in accordance with the pricing plans described on the Site. * The Customer agrees to pay all Fees monthly in advance by credit card through sendquik. Without provision of a valid credit card, the Company reserves the right to refuse the Customer access to sendquik. * The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days’ written notice. Any new or changed Fees will apply to the next billing period after the Customer has been given such notice. * If a Customer does not accept a change to any Fees, then it can simply terminate its Account.
In order to access certain areas of or participate in certain activities contained on the Websites and/or the Services, we may require you to create an account ("Account"). You acknowledge and agree that you have no ownership or other proprietary interest in the Account. To create an Account, we may ask or require you to provide us with certain personal information (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Websites and/or the Services (or any portion thereof) or your participation in any activity contained on or available through the Websites and/or any Third Party Platform.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
Copyright Infringement and DMCA Policy
As sendquik asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by sendquik violates your copyright, you are encouraged to notify sendquik in accordance with sendquik Digital Millennium Copyright Act (“DMCA”) Policy. Sendquik will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. sendquik will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of sendquik or others. In the case of such termination, sendquik will have no obligation to provide a refund of any amounts previously paid to sendquik.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of sendquik, and you acknowledge that sendquik is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by sendquik or any association with its operators. You further acknowledge and agree that sendquik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless sendquik, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. sendquik reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with sendquik in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL SENDQUIK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of San Francisco County, California.
Data Processing Addendum
If you are a subscriber to the Service, to the extent that sendquik.io processes any Personal Information (as defined in the DPA) contained in User Content that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing addendum at https://sendquik.io/dpa ("DPA"), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
Entire Agreement and Severability
These Terms of Service are the entire agreement between you and sendquik with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and sendquik with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
You hereby agree that Bit may reference You and Your use of the Services in private customer and prospect communications, and on Bit’s website. You also agree that Bit may reference You and Your use of Services in marketing and public relations materials, including a press release announcing You as a customer, inclusion of You as a customer in Bit’s company boilerplate, and, subject to the mutual agreement of the parties, a case study describing Your use of the Services. You hereby grant Bit a nonexclusive, worldwide license, during the Contract Term, to use and display Your trademarks, trade names and logos in connection with the foregoing uses.
* Force Majeure. sendquik shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond sendquik’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. * Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with sendquik’s prior written consent. sendquik may assign, transfer or delegate any of its rights and obligations hereunder without consent. * Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. * Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. * No Waiver. The failure of sendquik to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, sendquik must provide you with written notice of such waiver, provided by one of its authorized representatives. * Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact sendquik: by mail at One Velocity LLC, 340 S Lemon Ave #5114 Walnut, CA 91789; by e-mail at firstname.lastname@example.org.
Effective Date of Terms of Service: August 20, 2019.