IMPORTANT NOTICE
Carrier charges. Although there is no charge to you for Quu Services or the Quumobile Software, normal carrier charges (e.g., Text Message) and taxes may apply to data sent to your mobile phone by Quu, and to data transfers when you download the Quumobile Software, including updates. By choosing to download the Quumobile Software, you expressly agree and consent to such data transfers, including any advertisements included in the Quumobile Software. You can opt out of Quu Services by selecting Menu – Unsubscribe or by sending a Text Message to 77859 with the word STOP in the body of the text. If you opt-out, your Quumobile Software will no longer send or receive any messages. You can reinstate messages by going to Menu – Subscribe.
Specifications. Quumobile Software and Quu Services require that your hardware and software meet the specifications available here. Quu may modify or update such specifications from time to time, in Quu’s sole discretion, effective upon posting to the Quu website. You are solely responsible for ensuring that your hardware, software platforms and Internet connection comply with the specifications for the then-current version of the Quumobile Software and Quu Services. Quu reserves the right to terminate support for any hardware, software or platform at any time, in Quu’s sole discretion.
Support. All support for Quumobile and Quu Services is provided by the Quu support team and is independent of your mobile phone carrier. Your carrier is not responsible for, and will not provide help or support for, issues related to the Quumobile Software or Quu Services. Contact Quu at here or send a Text Message to 77859 with the word HELP in the body of the text for Quu support. Quu uses reasonable efforts to respond promptly to your inquiries, subject to availability of Quu resources and personnel.
QUU SERVICES
Quu Services are not yet available in all locations. Check Quu Service Area for more information. Quu Services are described here, as updated and modified by Quu from time to time in Quu’s sole discretion, effective upon posting to the Quu website. All use of Quu Services is subject to this Agreement, the Quu Privacy Policy and the Quu Website Terms. Quu will use reasonable efforts to store all of your Quu’d data and information for fourteen (14) days. Quu’d data and information is deleted after such period. Quu is not responsible for, and shall have no liability in connection with, any lost or corrupted data, or your inability to access or use your Quu’d data and information.
LICENSE
Subject to your strict compliance with the terms of this Agreement, Quu grants you, and you accept a limited, non-exclusive and non-transferable license to use the Quumobile Software and Quu Services solely for your personal, non-commercial use (the “License”). You agree not to (a) modify, translate, reverse engineer, decompile, copy, disassemble (except to the extent such restriction is expressly prohibited by law) or create derivative works based upon the Quumobile Software, in whole or in part; (b) remove, modify or obscure any copyright, trademark or other proprietary notices from the Quumobile Software or any copy thereof; (c) allow others to use the Quumobile Software or Quu Services; (d) use the Quumobile Software in conjunction with any device designed to circumvent technological measures used to control access or rights in a work protected by copyright laws; (e) use the Quumobile Software or Quu Services for any commercial or illegal purpose or to violate the rights of Quu or any third party; or (f) use the Quumobile Software or Quu Services other than for your personal, non-commercial purposes, including repeated use for the purpose or apparent purpose of increasing fees or royalties payable to any third party. Quu may terminate both this License and any agreement or account for Quu services immediately and without further notice if you violate of any provision of this Agreement, in addition to other available remedies.
UPGRADES AND BETA VERSIONS
From time to time, Quu may, in its sole discretion, release upgrades of the Quumobile Software. You will be prompted by email or by a Text Message to upgrade the version of the Quumobile Software that you are using. You consent to such emails, Text Messages and upgrades, and agree that all such upgrades are Quumobile Software subject to this Agreement.
If the Quumobile Software is a beta or other pre-release version, your License may terminate automatically and without further notice after installation, and the Quumobile Software will cease to function. Beta or pre-release Quumobile Software may contain more, less or different features or functionality than any commercially released Quumobile Software. Quu will commercially release any Quumobile Software in its sole discretion, and may modify features or functionality, license terms, release dates and other characteristics of the Quumobile Software for the commercial release.
MODIFICATIONS
Quu may modify this Agreement at any time, in Quu’s sole discretion. Quu will make reasonable efforts to notify you of any material modification by email to the email address you have provided, and will also post a notice of any change of terms at the top of this Agreement on the Quu website. If you do not agree to any such modification, you agree that your only remedy shall be to immediately this Agreement and your use of the Quumobile Software and Quu Services and destroy any copies of the Quumobile Software in your possession. Your continued use of the Quumobile Software or Quu Services following posting of a notice of modification will constitute your acceptance of the modification. BY ENTERING INTO THIS AGREEMENT, YOU CONSENT TO EMAIL NOTICE OF ANY MATERIAL CHANGE IN ITS TERMS OR IN THE QUUMOBILE SOFTWARE OR ANY Quu SERVICES.
OWNERSHIP
Quu retains all right, title and interest, including all intellectual property rights, in and to the Quumobiile Software and Quu Services, except those rights specifically granted to you under this Agreement.
.
REGISTRATION
You warrant to Quu that all information you provide to Quu, including, without limitation, in connection with registering for the Quumobile Software and Quu Services, is true, accurate and complete. You agree to update your information as necessary to keep such information current. You are solely responsible for maintaining the confidentiality of your password and user name and for all activities that occur under any account you have with Quu.
DISCLAIMER OF WARRANTY
THE QUUMOBILE SOFTWARE AND QUU SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Quu, AND ITS AFFILIATES, CONTRACTORS AND PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT.
ASSUMPTION OF RISK
YOUR USE OF THE QUUMOBILE SOFTWARE AND QUU SERVICES IS AT YOUR OWN RISK. Quu MAKES NO WARRANTY THAT THE QUUMOBILE SOFTWARE OR QUU SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE QUUMOBILE SOFTWARE OR QUU SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Quu MAKE ANY WARRANTY AS TO RESULTS OBTAINED FROM THE QUUMOBILE SOFTWARE OR QUU SERVICES OR THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION OR DATA OBTAINED THROUGH THE QUUMOBILE SOFTWARE OR QUU SERVICES. Quu MAKES NO WARRANTIES REGARDING ANY GOODS, SERVICES, CONTENT, INFORMATION OR DATA YOU MAY PURCHASE OR OBTAIN THROUGH THE QUUMOBILE SOFTWARE OR ANY TRANSACTION YOU MAY ENTER INTO THROUGH THE QUUMOBILE SOFTWARE.
INDEMNITY
You agree to indemnify, defend and hold Quu and its parent, shareholders, subsidiaries, affiliates, service providers, distributors and licensors and their respective officers, directors and employees harmless from and against any claim (including reasonable attorneys' fees and court costs) based upon, arising from or related to your breach of any provision of this Agreement and/or your violation of any law, regulation or statute or any third-party right.
LIMITATION OF LIABILITY
YOU AGREE THAT YOU BEAR THE ENTIRE RISK OF OR IN CONNECTIONWITH USE OR PERFORMANCE OF THE QUUMOBILE SOFTWARE AND QUU SERVICES. IN NO EVENT SHALL Quu OR ITS AFFILIATES, PARTNERS, LICENSORS OR LICENSEES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY UNDER THIS AGREEMENT, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. IN NO EVENT WILL Quu BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND OR NATURE, INCUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR INFORMATION OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE QUUMOBILE SOFTWARE OR QUU SERVICES OR ANY INFORMATION OR DATA OBTAINED OR PROVIDED THROUGH THE QUUMOBILE SOFTWARE OR QUU SERVICES, IN WHOLE OR IN PART, EVEN IF Quu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE IS FORESEEABLE.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT Quu’S TOTAL LIABILITY FOR ANY LOSS OR DAMAGE UNDER THIS AGREEMENT OR WITH RESPECT TO THE QUUMOBILE SOFTWARE SHALL BE TEN DOLLARS ($10.00).
TERMINATION
This Agreement and the License will terminate immediately and without further notice if you breach any term or condition herein. You agree to immediately discontinue all use of the Quumobile Software and Quu Services upon termination, and to destroy all copies of the Quumobile Software in your possession. In addition to, and not in limitation of, the foregoing, Quu reserves the right to terminate this Agreement and the License at any time, for any or no reason, and with or without notice.
U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS
The Quumobile Software is provided with restricted rights. Any use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer of the Quumobile Software is Quu, Inc, 7683 SE 27th St #432, Mercer Island WA 98040. You acknowledge that the Quumobile Software may not be exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Serbia (except Kosovo), Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Quumobile Software you agree to the foregoing and represent and warrant to Quu that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
DISPUTE RESOLUTION/ARBITRATION
This Agreement is governed by the laws of the State of Washington or applicable federal law, without regard to or application of conflicts of law rules or principles. The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded. You irrevocably consent to the exclusive jurisdiction of and venue in the state and federal courts for King County, Washington in connection with any suit or action under or relating to this Agreement or the Quumobile Software.
All disputes and claims arising under or in relation to this Agreement or the Quumobile Software or Quu Services, including the arbitrability of any claim or dispute or the enforceability of this provision, shall be determined exclusively by final and binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators sitting in Seattle, Washington. You and Quu may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. You and Quu must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. To the extent applicable law prohibits a one-year limitations period, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law. To the fullest extent permitted by law no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of Quu, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or other proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Quu) and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Quu).
GENERAL
Waiver by Quu of breach of any provision of this Agreement shall not operate or be construed as a waiver by Quu of any subsequent or continuing breach. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force and effect. This Agreement is the complete and exclusive statement of the understanding between you and Quu regarding its subject matter hereof and supersedes any prior agreement or communications. This Agreement will inure to the benefit of each party's permitted successors and assigns. You may not transfer or assign this Agreement, in whole or in part, and any attempt by you to transfer or assign this Agreement shall be null and void.
QUESTIONS?
If you have any questions concerning these Terms or the Site or any Quu product or service, please contact Quu by clicking here.[ close window ]