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Terms Of Services

AGREEMENT BETWEEN USER AND MOBILITY PRODUCTS LLC (DBA QUICSTICK) (HEREINAFTER REFERRED TO AS “QUICSTICK”)

The QuicStick Website is composed of various web pages operated by QuicStick. “QuicStick Website” shall be defined herein to include QuicStick.com and all other web pages operated or hosted directly by QuicStick, or offered by QuicStick via a third-party hosting service provider (“Services”).

The QuicStick Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the QuicStick Website constitutes your agreement to all such terms, conditions and notices.

[Can The Terms Of Use and Sale Be Changed?]

 

MODIFICATION OF THESE TERMS OF USE AND SALE

QuicStick reserves the right to change the terms, conditions, and notices under which the QuicStick Website is offered in our sole discretion, including but not limited to the changes associated with the use of the QuicStick Website. Your continued use of the QuicStick Website following the posting of revised Terms of Use and Sale means that you accept and agree to the changes.

QuicStick reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality.

[What About Third Party Websites That Are Linked To The Website?]

 

LINKS TO THIRD PARTY SITES

The QuicStick Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of QuicStick, and QuicStick is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. QuicStick is not responsible for webcasting or any other form of transmission received from any Linked Site. QuicStick is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QuicStick of the site or any association with its operators.

 

[What If I Want To Hyperlink To The Website?]

 

HYPERLINKS TO THE QUICSTICK WEBSITE

You may create text hyperlinks to the QuicStick Website, provided such links do not, directly or indirectly, (a) portray QuicStick or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.

[What About Passwords For My Access To The QuicStick Website?]

 

PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to QuicStick for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify QuicStick immediately at customerservice@quicstick.com. You agree to not share access to the QuicStick Website.

[What Are QuicStick’s Terms of Sale for Products and Services?]

 

TERMS OF SALE

Please read these Terms of Sale carefully as they form the basis of your contract with QuicStick. This agreement is made at the time of ordering products or services from QuicStick and becomes legally binding upon your first payment for the products or services. By purchasing products and services from QuicStick, you signify you have read and accepted these Terms of Sale.

(a)     Ordering and Product/Services Policies

You must be 18 years of age or over and possess the legal capacity and authority to purchase products or services from QuicStick. You may not QuicStick products or services for any illegal or unauthorized purpose. QuicStick reserves the right to refuse service to anyone for any reason at any time.

QuicStick may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that QuicStick makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. QuicStick reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

Certain products or services may be available exclusively online through the QuicStick Website. These products or services may have limited quantities and are subject to return or exchange only according to QuicStick’s Shipping/Refund Policy.

QuicStick has made every effort to display as accurately as possible the colors and images of our products that appear on the QuicStick Website; however, from time to time, Quicstick provides custom modifications to their products such that the look of thr final purchased product may differ from product images shown on the Quicstick Website. QuicStick does not guarantee that your computer monitor’s display of any color will be accurate.

QuicStick reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. QuicStick may exercise this right on a case-by-case basis. QuicStick reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or services pricing are subject to change at any time without notice, in the sole discretion of QuicStick.

QuicStick reserves the right to discontinue the offering or sale of any product or service at any time. Any offer for purchase of any product or service made to QuicStick on the QuicStick Website is void where prohibited.

Prices for QuicStick products and services are subject to change without notice, in the sole discretion of Quicstick.

QuicStick is not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.

(b)     Payment and Credit Card Services

You agree to provide current, complete and accurate purchase and account information to QuicStick for all purchases made at the QuicStick Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that QuicStick can complete your transactions and contact you as needed.

You understand that your Submissions (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

(c)      Shipping/Refund Policy

For additional information about QuicStick’s shipping and refund policies, please read QuicStick’s Shipping/Refund Policy. This policy explains how QuicStick ships products to you, and how QuicStick addresses product returns and refunds.

(d)     Proprietary Rights

The products and services sold by QuicStick, whether sold through the QuicStick Website or other sales channel, contain proprietary designs which are the sole property of QuicStick.  Accordingly, any attempt to reverse engineer, or recreate by other methods, any QuicStick product or services, is prohibited.

[Are There Restrictions On How I Use And Access The Website?]

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the QuicStick Website, you warrant to QuicStick that you will not use the QuicStick Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. Specifically, You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the QuicStick Website or its contents; (b) collect or use any images, descriptions, or other content included in the QuicStick Website contents, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any QuicStick Website contents; (d) modify or otherwise make any derivative uses of the QuicStick Website or its contents, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on the QuicStick Website; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the QuicStick Website; (g) introduce into the QuicStick Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the QuicStick Website; (i) use the QuicStick Website to directly or indirectly develop any product or service that competes with the QuicStick Website; (j) download (other than page caching) any portion of the QuicStick Website or its contents or any information contained therein, except as expressly permitted on the QuicStick Website; or (k) use the QuicStick Website or its contents other than for their intended purpose.

You may not use the QuicStick Website in any manner, which could damage, disable, overburden, or impair the QuicStick Website or interfere with any other party’s use and enjoyment of the QuicStick Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the QuicStick Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

 

[What If I Want To Post Materials On The Website?]

 

MATERIALS PROVIDED TO QUICSTICK OR POSTED TO ANY QUICSTICK WEBSITE

QuicStick does not claim ownership of the materials you provide to QuicStick (including feedback and suggestions) or post, upload, input or submit to any QuicStick Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting QuicStick and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with QuicStick.

No compensation will be paid with respect to the use of your Submission, as provided herein. QuicStick is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in QuicStick’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

[Can QuicStick Deny Me Access To The Website?]

 

TERMINATION/ACCESS RESTRICTION

QuicStick reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the QuicStick Website and the related services or any portion thereof at any time, without notice.

[Does QuicStick Own The Contents Of Its Website?]

 

COPYRIGHT

All contents of the QuicStick Website are: Copyright 2018 by Mobility Products LLC. All rights reserved.

TRADEMARKS

All QuicStick trademarks are strictly owned by QuicStick, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any QuicStick trademark without written authorization from QuicStick.

The names of actual companies and products mentioned within the QuicStick Website may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

 

 

[I’m A Website User From Outside of The United States – Anything I Should Know?]

 

INTERNATIONAL USERS

QuicStick makes no claims regarding access or use of the Website or QuicStick content outside of the United States. If you use or access the Website or QuicStick content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use and Sale.

[What About Website Privacy?]

 

PRIVACY AND PERSONAL INFORMATION

For information about QuicStick data protection practices, please read QuicStick’s Privacy Policy. This policy explains how QuicStick treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with QuicStick’s Privacy Policy.

 

[Any Other Legal Stuff I Should Be Aware Of?]

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE QUICSTICK WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUICSTICK MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE QUICSTICK WEBSITE AT ANY TIME.

QUICSTICK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE QUICSTICK WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QUICSTICK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUICSTICK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE QUICSTICK WEBSITE, WITH THE DELAY OR INABILITY TO USE THE QUICSTICK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE QUICSTICK WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE QUICSTICK WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUICSTICK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE QUICSTICK WEBSITE, OR WITH ANY OF THESE TERMS OF USE AND SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE QUICSTICK WEBSITE.

INDEMNIFICATION

Except as prohibited by law, you will hold QuicStick and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms of Use and Sale, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms of Use and Sale; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Sale and your use of the Services.

PERPETUITY RIGHTS

When these Terms of Use and Sale come to an end, all of the legal rights, obligations and liabilities that you and QuicStick have benefited from, been subject to (or which have accrued over time while the Terms of Use and Sale have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

GENERAL LEGAL TERMS

The Terms of Use and Sale, along with the Privacy Policy and the Shipping/Refund Policy constitute the whole legal agreement between you and QuicStick and govern your use of the Services and purchase of products or services (but excluding any products or services which QuicStick may provide to you under a separate written agreement), and completely replace any prior agreements between you and QuicStick in relation to the Services, or QuicStick products and services.

You acknowledge and agree that the form and nature of the Services, which QuicStick provides, may change from time to time with or without prior notice to you.

As part of QuicStick’s continuing innovation, you acknowledge and agree that QuicStick may stop (permanently or temporarily) providing the Services to you or to users generally at QuicStick’s sole discretion, without prior notice to you. You may stop using the Services at any time.

Unless you have been specifically permitted to do so in a separate agreement with QuicStick, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that QuicStick has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and Sale and for the consequences (including any loss or damage which QuicStick may suffer) of any such breach.

You acknowledge and agree that while QuicStick may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by QuicStick at any time, at QuicStick’s discretion.

You agree that if QuicStick does not exercise or enforce any legal right or remedy which is contained in the Terms (or which QuicStick has the benefit of under any applicable law), this will not be taken to be a formal waiver of QuicStick’s rights and that those rights or remedies will still be available to QuicStick.

If any disagreement or dispute arises regarding these Terms of Use and Sale or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or QuicStick (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of California and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of California. The arbitration requirement does not apply to requests for injunctive relief.

The Terms of Use and Sale, and your relationship with QuicStick under them, shall be governed by the laws of the State of California, USA, without regard to conflict of laws provisions. You and QuicStick agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any legal matter arising from the Terms of Use and Sale. Notwithstanding this, you agree that QuicStick shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use and Sale is invalid, then that provision will be removed from the Terms of use and Sale without affecting the rest of the Terms, which will remain in full force and effect.