Welcome to the Quu website (the “Site”), owned and operated by Quu Inc. (“Quu” or “we”). Your access and use of the Site is subject to these terms (the “Terms”). If you do not agree to these Terms, you may not use the Site. Quu may modify these Terms from time to time, in Quu’s sole discretion and without notice, effective upon posting on the Site, and your continued access or use of the Site constitutes acceptance of all such modifications.
QUU SERVICES AND QUUMOBILE SOFTWARE
Your use of Quu Services and download and use of the Quumobile Software are subject to the Quu Registration and License Agreement. These Terms are in addition to, and not in limitation of, the Registration and License Agreement. Quu Services are not yet available in all locations. Check Quu Service Area for more information.
QUU SERVICES ARE FREE OF CHARGE, HOWEVER QUU WILL SEND AND RECEIVE TEXT MESSAGES TO AND FROM THE MOBILE PHONE NUMBER YOU PROVIDED IN YOUR REGISTRATION. YOU ARE RESPONSIBLE FOR ANY AND ALL COSTS FOR YOUR MOBILE PHONE USE, INCLUDING TEXT MESSAGING COSTS. YOU REPRESENT THAT YOU ARE THE AUTHORIZED USER OF THE MOBILE PHONE YOU USE TO SIGN UP FOR THE QUU ACCOUNT AND ARE AUTHORIZED TO APPROVE THE APPLICABLE CHARGES.
QUUTEXT SERVICES ARE COMPATIBLE WITH ALL MAJOR CARRIERS HANDSETS INCLUDING ATT, VERIZON, T-MOBILE, SPRINT.
Refer to the Privacy statement for more detailed information
Quu owns all right, title and interest in the Site, including all content and the selection, arrangement and presentation of the content on the Site and its overall design, including all copyright therein. Quu, Quu, the Quu logo, and any other names or designations of Quu are the exclusive trademarks of Quu. Other product and company names which appear on the Site may be subject to trademark or other rights of third parties.
Quu grants you a limited, non-transferable and non-exclusive license to access and use the Site and to download and print a single copy of the content of the Site for your personal, non-commercial use only. You may not delete or modify any copyright or other proprietary notices from any Site content, nor may you modify or use the Site content or frame any Site content or any trademark or logo on the Site, in whole or in part, for any purpose other than as expressly permitted in these Terms or as otherwise agreed by Quu in writing. You may link to the Site for non-commercial purposes only or as otherwise authorized by Quu in writing.
If you believe any content posted on the Site infringes any person’s copyright interest, please provide the following information, in writing and signed by you, to the Quu Copyright Agent at the address listed below:
Quu Copyright Agent
Copy Right Agent
7683 SE 27th St #432
Mercer Island, WA 98040
COMMUNICATION WITH Quu
You agree not to submit or provide any communication or content which is illegal, obscene, defamatory, libelous, invasive of privacy or infringing of intellectual property or other rights, or which you do not have the right to provide. You also agree not to submit or provide any communication or content which contains software viruses, corrupted data, cancel bots or otherwise disrupts or is capable of disrupting the operation of the Site or servers or networks connected to the Site or the ability of visitors to access or use the Site, or which consists of commercial solicitations, or mass mailings or any form of “spam”, and not to use a false e-mail address or to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.
YOUR USE OF THE SITE
You agree not to use the Site so as to (a) adversely affect the Site’s resources or the availability of the Site or Quu products and services to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which you reside; or (c) delete or revise any content on the Site. You further agree not to use the Site to harass any other person or to collect or store personal information about other visitors.
The Site includes links to other websites. Quu does not control such other websites or the products and services offered by or through websites accessed through links on the Site, even those with which we may have an affiliation. This includes websites accessed through your Quu Account. If you decide to access third party websites linked through the Site, including your Quu Account, you do so at your own risk. No endorsement of third party products, services or information is expressed or implied by any information, material or content referred to or included on, or quu’d or linked from or to the Site.
These Terms remain in effect until terminated by either you or Quu. If you terminate these Terms, you must immediately discontinue all access and use of the Site and of Quu’s software and other products and services and destroy all Quu Content and any other materials downloaded from or otherwise obtained from the Site, and any copies and installations thereof. Quu reserves the right to suspend or terminate your access to the Site or any portion of the Site with or without notice if you breach these Terms or the terms of any agreement or obligation to Quu, or if Quu has reasonable grounds to believe you have committed such breach. Quu may, in its sole discretion, discontinue providing the Site and/or any product or service of Quu, in whole or in part, at any time and with or without notice to you, and shall have no liability to you or any third party for any such termination.
DISCLAIMER OF WARRANTY
Quu DOES NOT WARRANT THAT ANY Quu CONTENT, OR ANY OTHER CONTENT OR INFORMATION POSTED ON OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Quu DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR ANY Quu PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES Quu MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE OR ANY Quu PRODUCTS OR SERVICES. THE SITE AND ALL ASSOCIATED SERVICES, PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) Quu MAY MODIFY, DELETE, OR SUPPLEMENT THE Quu CONTENT, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE.
Quu DOES NOT WARRANT THAT ANY SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
You agree to indemnify, defend and hold Quu and its parent, shareholders, subsidiaries, affiliates, service providers, distributors and licensors and their respective officers, directors, employees, contractors and agents 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 CONNECTION WITH YOUR ACCESS OR USE OF THE SITE. IN NO EVENT SHALL Quu OR ITS PARENT, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY UNDER THESE TERMS OR WITH RESPECT TO YOUR ACCESS OR USE OF THE SITE, 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 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 THESE TERMS OR YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR ANY PRODUCT, SERVICE OR CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE; ANY DELAY IN USE OR ACCESS THEREOF; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF Quu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 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 THESE TERMS OR WITH RESPECT TO THE SITE SHALL BE TEN DOLLARS ($10.00).
These Terms are 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 the International Sale of Goods is expressly excluded. You 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 these Terms or the Site.
All disputes and claims arising under or in relation to these Terms or the Site, 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 these Terms 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 these Terms 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).
This Site is controlled and operated by Quu from its headquarters in Mercer Island, Washington, United States of America. Quu makes no representation that any Quu Content or any other materials on or accessed through the Site are appropriate or available for use in other locations. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.
These Terms constitute a written agreement between you and Quu. A printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding or arbitration to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
If you have any questions concerning these Terms or the Site or any Quu product or service, please contact Quu by clicking here.
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