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User Agreement

Please read this Agreement and our Policies carefully before accepting their terms as they describe your responsibilities as a user of QCQA.com and limit the liability of QCQA.com, among other things. This web site ("site") and the services located at QCQA.com are provided by QCQA.com ("QCQA.com, "our", "it") and made available to our "Subscribers"("you", "user", "Buyer" and/or "Seller"). This User Agreement ("Agreement") contains the terms and conditions under which this site and services are made available, and our Privacy Policy (the "Policies") are all part of this Agreement.

I. Acceptance of this Agreement.
If you wish to use the services on this site you must accept the terms and conditions of this Agreement and the Policies. Sellers acknowledge acceptance of these items by checking the "Yes" and clicking the "Submit" button located on the "Signup" form where indicated.

II. Amending this Agreement.
QCQA.com reserves the right to amend the provisions of this Agreement and our Policies at any time. QCQA.com will post any amendment provisions made on our web site in the same location as the original provisions where located in the document. The amended Agreement or Policy will become effective and binding upon the users of QCQA.com as soon as notice is given. In any event, it will be the users' responsibility to monitor our web site for amendments that may be posted from time to time.

III. Conditions of Eligibility.
Our services are available and should only be used by individuals and legal entities that can form legally binding contracts under applicable law. This site is intended for use by individuals 18 years of age or older. Our services are not available to individuals who have been temporarily or indefinitely suspended from use of QCQA.com. If you do not meet our basic eligibility requirements, please do not attempt to access or use our services. QCQA.com may, at any time and for any reason, refuse services (such as, but not limited to listings, and posting events) to anyone, at our sole discretion.

IV. Services.
a. Venue.
Our services merely enable Buyers and Sellers to locate one another. QCQA.com is not involved in the transactions between Seller and Buyers and, therefore, QCQA.com does not have any control over the quality, safety or legality of the products and/or services advertised for sale or the truth or accuracy of any user's products and/or service listings or representations whether express or implied. QCQA.com cannot ensure that a Buyer or Seller has the ability to complete a transaction. It does not guarantee any sales leads or that any match will be sufficient to meet your needs. QCQA.com with respect to any goods or services purchased, sold or obtained through the site or any transactions entered into through the site, makes no endorsement or Warranty. QCQA.com is not a guarantor of performance with respect to any agreement between a Buyer and Seller.

Because QCQA.com is not and cannot be involved in the dealings between users, in the event that a user has a dispute with another User (whether Buyer or Seller), you hereby release QCQA.com and its Partners, its directors, officers, employees and agents against any and all claims, demands and damages (actual and consequential) of any nature, known and unknown, suspected and unsuspected, disclosed and undisclosed in any way connected with such disputes.

b. Modification and Availability of the Site.
The availability of the QCQA.com web site depends on many factors, including a user's connection to the Internet and the availability of the Internet. It will use reasonable efforts to make the site available 24 hours per day, 7 days per week, except for down time for scheduled and unscheduled maintenance, and will promptly investigate any technical problems that you report to it.

QCQA.com reserves the right at any time and for any reason, in its sole discretion, to terminate, change or suspend any aspect of this site. QCQA.com may also impose limits on certain features of the site or prohibit access to, or use of, part or the entire site without notice or penalty.

c. Safe Business Practice.
Due to the difficulty in user authentication and accreditation on the Internet, there may be risks associated with the use of our services. QCQA.com understands that you as a User of our site wish to avoid these kinds of risks. QCQA.com encourages Buyers and Sellers to engage in direct communications after a Buyer requests contact with a Seller for the purpose of independently evaluating, verifying and accrediting each other. If you have concerns about the party with whom you are dealing, please consider the use of a third party escrow service or services that provide additional verification of third parties.

d. User Disputes.
QCQA.com does not become involved in user-to-user dealings or disputes arising from transactions over this site. Accordingly, in the event that you have a dispute with another user (whether Buyer or Seller), you hereby release QCQA.com, its directors, officers, employees and agents against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE s1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECTS TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

e. Control of Information and Monitoring.
QCQA.com cannot and does not try to control all the information that is made available through our services. It is possible that information supplied by our users may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. In addition it may allow professionals with certain expertise to dispense general and/or specific advice on the web site. QCQA.com does not endorse and is not responsible for the accuracy or reliability of any such advice or statements. It is the responsibility of each User to evaluate the accuracy, completeness, or usefulness of any information made available through this site. It is expected that you will use caution and common sense when using this web site and the services provided.

As a User of QCQA.com you agree that it has the right, but not the obligation, to monitor the use of this site (subject to the QCQA.com Privacy Policy). QCQA.com may refuse to post or remove at any time, for any reason, at our sole discretion, any material and content submitted to our site.

f. Linking.
Links are provided on QCQA.com to other third party-sites. We hope that the links provided benefit you. However, QCQA.com in no way monitors or controls the content or quality of these linked sites. Therefore, QCQA.com cannot endorse the content, products, services or the performance of websites that are linked to QCQA.com, and you should not treat any link as such endorsement. As a user of QCQA.com, you agree that any content, service or product which you obtain through a third-party site linked to QCQA.com will be provide solely under the terms between you and such third-party site. Your use of the linked sites is at your own risk.

V. User Information.
In consideration of your use of the QCQA.com site and services, you agree to provide accurate and complete information about yourself and your company, including updating information when necessary, through the various avenues provided on the site. If you provide any information that is inaccurate or not complete, or if there is reasonable grounds to suspect that any of your information is inaccurate or not complete, QCQA.com reserves the right in our sole discretion to suspend or terminate your account.

a. Your responsibilities.

You are solely responsible for your information and participation on this site. You agree to the following:

  • Your information and use of this site will not be false, inaccurate or misleading.
  • Your information and use of this site will not be fraudulent or involve the sale of counterfeit or stolen items.
  • Your information and use of this site will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Your information and use of this site will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, licensing requirements, anti-discrimination, or false advertising.)
  • Your information and use of this site will not be defamatory, threatening, harassing, obscene, offensive, or otherwise unacceptable (in our sole discretion).
  • Your information and use of this site will not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Your information and use of this site will not create liability for QCQA.com or cause it to lose (in whole or in part) the services of our Internet service providers or other vendors.
  • Your information and use of this site will not link directly or indirectly or include descriptions of goods or services that are (a) prohibited under this Agreement or our Policies, or (b) you do not have the right to link to or include.
  • Your information and use of this site will not list any product or service on this web site (or transact any business that was initiated using our service) that, by paying the fees set forth and described in the FAQ section of this site could cause it to violate any applicable law, statute, ordinance or regulation. You are solely responsible for ensuring that your participation on this web site (and your payment of the fees set forth) complies with all laws, statutes, ordinances, regulations, or professional requirements by which you are bound.

b. Right to Use of Information.
In order to provide the services and operate this web site and to enable QCQA.com to use your information on this site, you grant to QCQA.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tier) right (including waiver of any applicable moral right) to exercise the copyright, trademark, and publicity rights you have in your information, in any media now known or not currently known, with respect to your information. QCQA.com will use your information in accordance with our Privacy Policy.

VI. User Comments.
In the future the QCQA.com services may permit the user to submit information regarding the party with whom they transacted with on our site. You may not take action that would undermine the integrity of this "user comment" service if provided on our site (i.e., untruthful statements made when submitting a comment, commenting on a transaction in which the user was not involved, or manipulation of user scores). QCQA.com is not responsible for the content of any comments submitted or displayed, or for any consequences of the comments made. Other Users may be adversely affected by your comments, therefore, you agree to indemnify QCQA.com for any violation of this provision in the manner set forth in the provision of this Agreement titled "Indemnification (X.a.)." QCQA.com reserves the exclusive right to terminate this Agreement and your QCQA.com account if it determines in our sole discretion that your score falls below a certain level. QCQA.com reserves the right not to post, or to remove any comment without notice, all without liability to QCQA.com.

VII. Fees and Payments.
a. Postings and Sales.
WhenWhen you post or sell items on or through the web site, you agree to abide by the following: You agree to pay QCQA.com the listing fee associated with the type of listing that you are posting on the site. Fees are specified in the FAQ section of our site or in our “memorandum of understanding” with you. FEES ARE NOT REFUNDABLE! You understand that if your listing or subscription fee is not paid, we have the right to remove any listing you have posted on the site.

VIII. Applicable User Limitations.
a. QCQA.com Ownership Rights.
QCQA.com retains all rights as to ownership of this site and the services provided on this site. It also retains ownership rights in all data, information (including software), and graphics that are available on the site including but not limited to copyright, trademark, all other intellectual materials and proprietary rights therein (subject to the User's rights in their own information).

b. Use Limitations
As a User of this site you have no authorization and you agree not to copy, sell, enhance, compile, assemble or exploit for commercial purposes our site or the services therein provided. You also agree that you will not reverse assemble, disassemble, reverse engineer or in any way attempt to modify through deriving source codes from any software made accessible through this web site. Further, you agree not to manipulate in any way listings and user comments posted or listed on this site or otherwise misuse the information therein. While using this site you agree to submit and accept information only through your QCQA.com account, and you agree not to allow other parties access to the services provided on this site through your user account.

c. User Password and Security.
As a registered User of QCQA.com you will need to maintain a user name (your email address) and a password (provided by QCQA.com) to access commerce services on the site. As a User you agree to keep your user name and password confidential. The User, as an individual, corporation, or other legal entity, is responsible for all activity and charges that occur on their QCQA.com account. Allowing a third party to use QCQA.com or the services provided on this site is strictly prohibited and is a violation of this Agreement. Any breach of security through your account must be corrected by requesting a change to your password and notifying QCQA.com of the breach by email at info@QCQA.com. You will be liable for any unauthorized use of our services until you notify QCQA.com of the security breach.

d. Other Use of Information.
As a User of this site, you will have access to QCQA.com content as well as information provide by other Users. This Agreement and applicable laws govern the use of QCQA.com content and information of other Users. You may use information provided by other Users only to research the possibility of selling or buying products or services. You agree not to use any information for direct marketing programs or other sales contacts outside of the QCQA.com service.

IX. Termination.
a. Account Suspension or Termination by QCQA.com. If you breach any portion of this Agreement or any of our Policies, or if QCQA.com is unable to verify any information you provide, or if it believes your actions may cause legal liability to yourself, QCQA.com or other Users of the site, or if your actions may negatively impact QCQA.com, our Partners, our site or the services provided on the site, it may immediately issue a warning, temporarily or indefinitely suspend your QCQA.com account and your use of our services, or permanently terminate this Agreement. The action taken will not limit our ability to pursue other legal or equitable remedies available under the law.

b. Account Termination by User.
You may terminate this Agreement by providing written notice to QCQA.com, so long as you do not have any fee payments outstanding at the date of termination. Any paid fees are not refundable.

c. Effects of Termination.
You agree to cease access of this web site and the services provided therein immediately upon termination of this Agreement for any reason.

d. Survival.
Your obligations and our rights under sections IX, X, and XI together with the provisions entitled "User Disputes" under section IV, and "Other Use of Information" of section VIII, as well as all rights and obligations under the Privacy Policy and or any other rights or obligations that by their nature should survive, will survive the termination or expiration of the Agreement.

X. Indemnification, Disclaimers and Limitation of Liability.
a. Indemnification.
You agree to indemnify, defend and hold QCQA.com, its officers, directors, employees, and agents harmless from and against any actions, claims, losses, damages, liabilities, judgments, demands, fees and expenses, including reasonable attorneys' fees, brought or made by any third party due to or resulting from any breach or violation by you of this Agreement, our Policies or any use by you of this site or as a result of a dispute with another User. You agree not to settle any action, claim or demand on our behalf without our prior written consent. QCQA.com reserves the right to participate in its defense and hire counsel of our own choosing at the Users expense.

b. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING: YOUR USE OF QCQA.com.COM AND THE OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRENTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE SO AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE USE OF SUCH MATERIALS.

QCQA.com MAKES NO WARRANTY AS TO OUR SERVICES, MEETING YOUR REQUIREMENTS, BEING UNITERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR. ALSO NO WARRANTY IS GIVEN AS TO THE RESULTS OF THE USE OF THIS SITE OR THE SERVICES PROVIDED BEING ACCURATE OR RELIABLE. NO WARRANTY IS MADE ON THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THIS SITE OR SERVICES. AND NO WARRENTY OR GUARANTEE IS MADE THAT ANY ERRORS IN THE SOFTWARE IT USES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QCQA.com OR THROUGH OUR SERVICES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. QCQA.com EXPRESSLY DISCLAIMS ALL WARRANTIES OR GUARENTEES OF ANY KIND. Some states do not allow the disclaimer of implied warranties, so some of the forgoing disclaimer may not apply to some Users.

c. Limitation of Liability.
IN NO EVENT, INCLUDING NEGLIGENCE, SHALL QCQA.com BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, GOODWILL, ANTICIPATED PROFITS OR LOST BUSINESS) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE SERVICES, MATERIALS AND FUNCTIONS RELATED THERETO. FURTHER, QCQA.com IS NOT LIABLE FOR THE COST OR PURCUREMENT OF ALTERNATE SERVICES, TECHNOLOGY, OR DATA. OUR TOTAL LIABILITY, IN THE AGGREGATE, ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS QCQA.com RECEIVES FROM YOU DURING THE TWELVE MONTHS PRIOR TO THE OCCURRENCE OF THE FACTS GIVING RISE TO YOUR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY REGARDLESS OF WHETHER IT RECEIVES OR DO NOT RECEIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AND SOFTWARE AVAILABLE FROM QCQA.com. Some states do not allow the limitation of liability, so the forgoing limitation may not apply to certain users.

XI. General Provisions.
a. No Agency.
The relationship between you and QCQA.com is that of independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

b. Assignment.
You are not authorized or permitted to assign the provisions of this Agreement or any of your rights or obligations under it without the prior written consent of QCQA.com. Without our prior written consent, any attempted assignment will be void. This Agreement and all the rights and obligations under it will be binding on the respective successors and permitted assigns of all parties to the Agreement.

c. Notices and Disclosures.
QCQA.com will provide notices via email, or, at our discretion, through certified mail, to the address that you provide in the Registration process or other addresses that you may subsequently specify. You will provide notices to QCQA.com via email to info@QCQA.com, with a copy sent via certified mail to:

    QCQA.com
    Legal Counsel
    Post Office Box 1843
    Westerville, OH 43086

Notices shall be deemed given 24 hours after an email is sent, unless the sender is notified that the email was undeliverable or, in the case of mailing, three business days after being mailed.

d. Force Majeure.
QCQA.com will not be liable in any amount for our failure to perform any obligation under this Agreement if such failure is caused by Internet outages, earthquakes, communications outages, fire, flood, war, act of God, or the occurrence of any other unforeseen contingency beyond our reasonable control.

e. Entire Agreement.
This Agreement and our Policies together constitute the entire Agreement between you and QCQA.com with respect to our services and supersedes all prior agreements between the parties. No oral statements, promises, or agreements will alter the terms of this Agreement or our Policies.

f. Sever ability.
If any provision of this Agreement is held by a court to be invalid or unenforceable, then such provision will be construed and enforced in accordance with applicable law as nearly as possible to reflect the mutual original intent of the parties within this Agreement, and all other provisions of this Agreement will continue in full force and effect.

g. No Unintentional Waiver.
The failure of either you or QCQA.com to exercise any right or provision under this Agreement shall not constitute a waiver of such right or provision. Waiver by QCQA.com or you of a breach of any provision of this Agreement shall not be construed as a waiver of any subsequent right or as a waiver of any other right.

h. Governing Law.
This Agreement shall be governed by and construed in accordance with the substantive laws of the United States of America and the State of Ohio covering contracts made and to be performed in that State, without regard to its conflicts of laws principles. Further, you irrevocably agree that any legal action or proceedings brought by or against QCQA.com with respect to this Agreement shall be brought in the courts of the State of Ohio or in any United States District Court located in Ohio and, by execution and delivery hereof, QCQA.com irrevocably waive any and all objections which it may have with respect to venue in any of the above courts.

i. No Price Manipulation.
Sale price manipulation of any kind, directly or indirectly, by Users is prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for Your own account and the Posted Items You have provided, or by communicating with other buyers and sellers.

j. Taxes.
You acknowledge and agree that QCQA.com does not take any responsibility in reporting or remitting sales or use tax duties, tariffs, imposts, excises and fees which may be assessed, due or owing to the taxing authority of any jurisdiction arising from permits, sales, use, import, export or value-added activities. You agree that you are solely responsible for the calculation, collection and remittance of applicable taxes which may be incurred or assessed in relation to your use of this site and the services provided.

k. Public Statements and Releases.
Without the prior written consent of QCQA.com, you may not issue any press release or make any public statement regarding your use and participation on this web site.

l. Conflicting Terms.
In any instance where the terms or conditions of this Agreement conflict with any terms or conditions of our Privacy Policy, the applicable terms or conditions of this Agreement shall control.

m. Headings.
Headings used in this Agreement are for reference purposes only and should not be construed to define, describe or limit the scope or extent of the actual provisions they head.

n. Contact Us.
If you have questions concerning this Agreement or any of our Policies or if you have questions about our web site and QCQA.com please contact us by calling (740) 549 9386 or by sending an email to info@qcqa.com.

 

 
April 20, 2014


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