Terms and Conditions
Last Updated: March 2, 2023
Welcome to QuickShipFire!
The terms and conditions of this agreement (the “Agreement“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User,” “you,” or “your“) and QuickShipFire LLC (“QuickShipFire,” “we,” “us,” or “our“), concerning your access to and use of QuickShipFire website at https://www.quickshipfire.com (the “Site“) as well as your purchase of any of the products or services we make available to you on the Site.
Please read the terms of this Agreement carefully before accessing and using the Site.
THIS AGREEMENT CONTAINS A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
1. Acceptance of this Agreement
Your access to and use of the Site is conditional on your acceptance of this Agreement. By accessing, using, or placing an order for products and/or services on the Site, you agree on your own behalf and on behalf of any organization, entity, or person on whose behalf you act to accept and abide by this Agreement for each and every use of the Site. If you do not agree with all terms and conditions of this Agreement, please do not access or use the Site.
This Agreement forms the core agreement between you and us and incorporates the following policies and terms:
- Shipping Policy: This policy details the shipping options for the products that you purchase on our Site.
- Return Policy: This policy details the procedure for requesting a refund for products purchased on our Site.
- QuickShipFire Warranty: This policy explains the limited warranty we provide for products purchased on our Site. THE QUICKSHIPFIRE WARRANTY IS THE ONLY WARRANTY AVAILABLE FOR THE PRODUCTS FEATURED ON THE SITE. UNLESS EXPRESSLY STATED OTHERWISE ON THE SITE, THE PRODUCTS DO NOT INCLUDE ANY MANUFACTURER’S WARRANTY OR CUSTOMER SUPPORT.
- Promotional Terms: There may be additional terms and conditions on the Site specifically for products that are “on sale,” “clearance,” “final sale,” or are otherwise subject to a limited-time offer.
We reserve the right, in our sole discretion, to make changes or modifications to this Agreement from time to time. We will alert you about any changes through the “Last updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement, and continued use of the Site after the date of any change constitutes acceptance of the updated Agreement. If any modification is unacceptable to you, you shall cease using the Site. If you have any questions about this Agreement, contact us at firstname.lastname@example.org.
3. Eligibility to Use the Site
You may only access the Site and purchase any products or services available on the Site if you are in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 or older to access or use the Site. Any access or use of the Site by anyone under 18 is prohibited and violates this Agreement.
4. United States Only
Our Site, products, and services are located within the United States and are not intended to be subject to non-US jurisdiction or law. The Site or the products may not be appropriate or available in some US and/or non-US jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws and regulations in using the Site and the products purchased through the Site. We may limit the Site’s availability and the products available on the Site at any time, in whole or in part, to any person, geographic area, or jurisdiction we choose, at our sole discretion.
- Site Availability. We cannot guarantee that the Site and the products and services we offer on the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the available products at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime. Nothing in this Agreement obligates us to maintain, support, update, or correct the Site.
- Product Information. We are constantly updating the offerings and prices of products on the Site, and there may be information that contains typographical errors, inaccuracies, or omissions. Product descriptions may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating product information. We cannot guarantee the accuracy or completeness of any information, including prices, descriptions, or availability of the products. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
- Product Specifications. We make every effort to display as accurately as possible the colors, features, specifications, compatibility, and details of the products available on the Site (“Product Specifications“). However, we do not guarantee that the Product Specifications will be accurate, complete, reliable, current, or error-free.
- Changes. We reserve the right to change, modify, or remove the content on the Site, including available products, at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the products on the Site.
- Product Availability. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products anytime for any reason.
- No Endorsement or Partnership. We do not manufacture or control the production of any of the products offered on our Site. Unless specifically stated otherwise in this Agreement or on our Site, the availability of products through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Unless expressly stated otherwise on the Site, we are not authorized resellers of the products contained on the Site. Any purchase of products on the Site is entirely at your own risk.
6. Purchased Products
- Order Acceptance. You agree that your order is an offer to buy, under this Agreement, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept an order at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. The confirmation email is an automatic notification about your purchase and shall not be considered an acceptance by us of your offer to buy our products. Your order is deemed accepted after we send you an email with your order tracking number.
- Limited Cancellation Period. You may cancel your order by contacting us at email@example.com within twenty-four (24) hours of submitting your order. We will honor cancellations submitted within this timeframe as long as the item(s) have not left our warehouse.
- Shipping. We will arrange for the shipment of the products to you. Please check our Shipping Policy and the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursements for the costs we incur in processing, handling, packing, shipping, and delivering your order. Please allow one to three business days before receiving a tracking number from QuickShipFire.
- Risk of Loss. The title and risk of loss of the products you purchase passes to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments outside of our control.
- Delivery. Your order will be delivered to the shipping address that you provided to us when placing your order. You may change your shipping address after an order is placed if the change is made within twenty-four (24) hours of placing the order by contacting us at firstname.lastname@example.org and providing us with your order number and new address.
- Refunds. Before making any purchases on the Site, please see our Return Policy for further details on our return and refund policy and procedures. You acknowledge and agree that all refund requests must be made within thirty (30) days of the shipment date, and in the event that the product has already been delivered to you, refunds will only be accepted if the product is unopened and sealed, unless stated otherwise in the Return Policy. We will charge you a fifteen percent (15%) restocking fee and a five percent (5%) transaction fee to process any refunds, which will be processed within approximately three (3) business days of our receipt of your merchandise. We reserve the right to change the stocking and transaction fees at any time, and you are responsible for reviewing this Agreement and our Return Policy before making any purchases on the Site. Refunds will not be provided for items marked as “final sale” or “non-refundable” on the Site.
- Returns. Before submitting a return to us, you must email us at email@example.com and obtain confirmation that the item is eligible for return. In the event that we accept your refund request after a product has already been delivered to you, you must mail the unsealed and unopened product to us at 17539 Vierra Canyon Rd, Ste A, # 244 Prunedale, CA, 93907-3310. You are responsible for all shipping and handling charges on returned products and bear the risk of loss during shipment. We are not responsible for processing refunds on returned items that are not approved by us in advance.
- Exchanges. If you received the wrong product or if the product arrived damaged, you may contact us at firstname.lastname@example.org with the item specifics, and we will get the right item out to you as soon as possible following our receipt of the incorrect item in accordance with the ‘Returns’ section.
7. User Accounts
- Account Creation. When purchasing products on the Site, you may create a user account to view order history, track purchases on the Site, and save payment information for ease of purchase in the future (“User Account“). If you create a User Account, you must provide complete, accurate, and current contact information, including your name, mailing address, email address, and phone number (“Contact Information“). You must also create a username and password (“Credentials“) and are solely responsible for safeguarding your Credentials. We reserve the right to reuse, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- Representations and Warranties. By creating your User Account, you represent and warrant that: (i) your Contact Information is accurate and updated; (ii) you have and will continue to comply with all applicable federal, state, and local laws, regulations, and ordinances; and (iii) you agree to be bound by the terms of this Agreement.
- Your Responsibilities. You may not transfer, sell, or share your User Account with other Users or third parties. You agree to immediately notify us of any unauthorized use of your Credentials or User Account or any other security breach and ensure to exit your User Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Preservation of Your Account Information. We reserve the right, but not the obligation, to maintain your information after you cancel your User Account. You acknowledge and agree that we may preserve your information and may also disclose your information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal processes or to enforce or exercise any of the rights provided to us under this Agreement or at law.
- Data Security. You understand that the technical processing and operation of the Site, including your Personal Information, may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Site, you assume such risks. We offer no representation, warranty, or guarantee that your information will not be exposed or disclosed through errors or actions, including negligence, of third parties or us.
8. Your Responsibilities
- User Conduct. You agree that you will use the Site only for lawful purposes and will comply at all times with all applicable laws, including, without limitation, all intellectual property, non-discrimination, privacy, and data security laws, and will not take any action that harms or violates the rights of any person or entity.
- Prohibited Uses. Except as expressly permitted by mandatory law and this Agreement, you shall not:
- Purchases products on the Site for the purpose of reselling
- Export any products purchased on the Site outside of the United States;
- Access the Site to build a similar or competitive Site;
- Copy, reproduce, or republish the Site, in whole or in part;
- Modify or create derivative works based on the Site;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Site;
- Share nonpublic features or content of the Site with any third party;
- Assign, transfer, sell, resell, rent, lease, time-share, distribute, or otherwise transfer the rights granted to you under this Agreement to any third party;
- Remove, modify, or obscure any copyright, trademark, or other proprietary notices;
- Use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person or entity or that violates any applicable law;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use the Site in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Engage in any automated system use, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools;
- Introduce any malicious code or instructions that may disrupt, damage, delay, or interfere with other users’ use of the Site;
- Upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
- Disrupt or interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked to the Site;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretenses;
- Use the Site to advertise or offer to sell goods and services;
- Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; or
- Frame or link to the Site except as permitted in writing by us.
9. Pricing and Payment Terms
- Payment Terms. Payment terms are within our sole discretion, and unless otherwise agreed by us in writing, payment must be received before we accept an order. You agree to pay all charges at the prices then in effect at the time the order is placed and any applicable shipping and handling fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. IF YOUR ORDER IS SUBJECT TO RECURRING CHARGES, THEN YOU CONSENT TO OUR CHARGING YOUR PAYMENT METHOD ON A RECURRING BASIS WITHOUT REQUIRING YOUR PRIOR APPROVAL FOR EACH RECURRING CHARGE UNTIL SUCH TIME AS YOU CANCEL THE APPLICABLE ORDER. We accept Mastercard, Paypal, Venmo, and Visa for all purchases. All payments shall be in U.S. dollars.
- Taxes and Other Fees. The prices quoted on the Site do not include taxes, shipping charges, or other fees for purchasing products. Shipping charges and sales tax will be added to the price of purchases as deemed required by us, and an estimate of such charges will be presented to you before checkout. If the applicable taxes or shipping charges change from when you purchase a product on the Site to when the order is processed by us, we reserve the right to cancel your order and provide you with an updated quote for such products.
- Your Payment Information. You agree to provide current, complete, and accurate purchase and shipping information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. When making a payment on the Site, you confirm that: (i) the payment information you supply to us is true, correct, and complete; (ii) you are authorized to use such payment option for the purchase; (iii) charges incurred by you will be honored by you or your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
- Price Changes. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and specified in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be itemized in your shopping cart and order confirmation email. We strive to display accurate price information, but we may make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Promotions. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from the terms of this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotional terms will govern.
- Right of Refusal. We reserve the right to refuse any order placed through the Site. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
10. QuickShipFire Limited Warranty
- We provide a limited one (1) year warranty for products purchased on the Site as specified in the QuickShipFire Limited Warranty.
11. User-Generated Content and Contributions
- Content Provided by You. We may also invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User-Generated Content“). User-Generated Content may be viewable by other Site Users and through third-party websites connected to the Site. As such, any User-Generated Content and Contributions you transmit may be treated as non-confidential and non-proprietary.
- Prohibited Content. You shall not upload, download, post, email, or otherwise transmit any User-Generated Content that, without limitation:
- May infringe any patent, trademark, trade secret, copyright, or another intellectual or proprietary right of any third party;
- May be considered false or misleading information;
- Violates another’s rights, rights of celebrity or privacy, which includes without limitation uploading a picture of another person without such person’s consent;
- Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously, or otherwise objectionable;
- May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Would violate or link to material that violates any provision of this Agreement or any applicable law or regulation;
- Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or
- Would or would likely incite, promote, or support discrimination, hostility, or violence.
Any use of the Site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your right to access and use the Site.
12. Proprietary Rights
- Our Property Rights. You acknowledge and agree that the Site contains proprietary information protected by applicable intellectual property and other laws. We retain all rights, title, and interest in and to the Site, including without limitation our trademarks (all names and logos) and all other content provided on the Site by us (collectively, “QuickShipFire IP“). Except as provided herein, this Agreement does not grant you any right to reproduce, copy, modify, distribute, license, sell, transfer, or publicly display or perform or otherwise exploit the QuickShipFire IP. No rights are granted to you other than as expressly set forth in this Agreement
- Right to Access the Site. You acknowledge and agree that the Site contains proprietary and confidential information protected by applicable intellectual property and other laws. We grant you a non-exclusive, non-transferable, non-assignable, and revocable right to access and use the Site subject to the terms and conditions contained in this Agreement.
- License in User-Generated Content. By posting User Generated Content on our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User-Generated Content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, User-Generated Content, and grant and authorize sub-licenses of the foregoing. This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User-Generated Content.
- Feedback. You may provide us or make public on the Site notes, emails, postings, letters, suggestions, concepts, or other written materials related to the Site or products purchased by you on the Site (collectively, “Feedback“). You agree that any Feedback provided to us will not be considered confidential information and that we are permitted to freely share, disclose, modify, create derivative works, or otherwise use the Feedback for any purpose. You hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any Feedback provided by you to us.
- Guidelines. When posting a review, you must comply with the following criteria: (i) you must have firsthand experience of the product being reviewed; (ii) your reviews cannot contain offensive language, profanity, or abusive, racist, offensive, or hate language; (iii) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (iv) your reviews cannot contain references to illegal activity; (v) you should not be affiliated with competitors if posting negative reviews; (vi) you should not make any conclusions as to the legality of conduct; (vii) you may not post any false or misleading statements; and (viii) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We have no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or claims, liabilities, or losses resulting from any review.
13. Site Monitoring.
- We reserve the right, but not the obligation, to: (i) monitor the Site for violations of this Agreement; (ii) take appropriate legal action against anyone who, in our discretion, violates the law or this Agreement, including, without limitation, reporting such User to law enforcement authorities; (iii) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User-Generated Content or any portion thereof; and (iv) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
14. DMCA Notice
- We respect the intellectual property rights of others. Per the Digital Millennium Copyright Act (“DMCA“), we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.
If you believe that your intellectual property rights have been violated by a third party who has uploaded materials to our Site or by us, please provide the following information to the designated Copyright Agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
- Your electronic or physical signature.
We may request additional information before removing any allegedly infringing material. If we remove the allegedly infringing materials, we may notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so they may respond to your allegations.
Pursuant to 17 U.S.C. 512(c), our designated Copyright Agent is:
Name: Elizabeth Marquez
Address: 17539 Vierra Canyon Rd, Ste A, # 244 Prunedale, CA, 93907-3310
For questions regarding this DMCA Notice, contact us at email@example.com.
15. Third-Party Services
16. Term and Termination
- This Agreement will remain in full force and effect while you use the Site. Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your User Account and any User-Generated Content or information you posted on the Site at any time, without warning, at our sole discretion. If we terminate or suspend your User Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action available under this Agreement or at law.
17. Disclaimer of Warranties
- EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, IF ANY, THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE SITE OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE AND THAT DEFECTS, IF ANY, WILL BE CORRECTED; (III) THE INFORMATION OR CONTENT PROVIDED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, OR CURRENT; OR (V) THE SITE, ITS SERVERS, CONTENT, OR EMAILS SENT FROM OR ON OUR BEHALF ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE). TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS QUICKSHIPFIRE AND OUR AFFILIATES OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES”) FROM ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE SITE THAT, WITHOUT LIMITATION, INCLUDES: (I) YOUR ACCESS TO OR USE OF THE SITE FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (II) YOUR VIOLATION OF THIS AGREEMENT; (III) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT; (IV) YOUR VIOLATION OF ANY APPLICABLE LAW; (V) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; (VI) YOUR USER-GENERATED CONTENT; OR (VII) YOUR USE OF THIRD-PARTY CONTENT. IN ANY EVENT, WE WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF OUR OWN CHOOSING AT OUR OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING THE PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO SUBSECTION (I) THROUGH (IV) ABOVE.
19. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE SITE; (II) THE USE OR INABILITY TO USE ANY PRODUCTS PURCHASED THROUGH THE SITE; (III) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (IV) USE, INABILITY TO USE, INTERRUPTION, DELAY, OR DAMAGE RESULTING FROM SYSTEM FAILURE, MALFUNCTION, SHUTDOWN, FAILURE TO ACCURATELY TRANSFER OR READ INFORMATION, FAILURE TO PROVIDE CORRECT INFORMATION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED; (V) LOSS, INABILITY TO USE, OR RECOVERY OF ANY PERSONAL INFORMATION OR BREACH OF PERSONAL INFORMATION OR SYSTEM SECURITY OTHER THAN AS A RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (VI) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE FORESEEABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED $100 OR THE TOTAL AMOUNT PAID BY YOU FOR ANY PRODUCTS PURCHASED ON THE SITE, IF ANY, DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT ACT OR OMISSION GIVING RISE TO OUR LIABILITY, IF ANY.
ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Allocation of Risk.
- You acknowledge and agree that we provide the Site in reliance upon the disclaimers of warranty and limitation of liability provisions provided herein and that the terms of this Agreement reflect an allocation of risk between you and us (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the provisions herein form an essential basis of the bargain between you and us. If you are subject to applicable laws that prohibit you from entering into the risk allocation arrangement as set forth herein, then the terms will apply to you to the fullest extent permitted by applicable law, it being understood that you and we wish to enforce the provisions of this Agreement to the maximum extent permitted by applicable law.
21. General Provisions
- Entire Agreement. This Agreement, together with our order confirmation and the additional policies and terms referred to in the ‘Acceptance of This Agreement Section,’ and any amendments and any additional agreements you may enter with us in connection with the Site, constitutes the entire agreement between you and us concerning the Site.
- Rights Cumulative. No right or remedy conferred upon or reserved to us is intended to be exclusive of any other right or remedy (unless such intent is expressly set forth in such provision), and every right and remedy shall be cumulative and in addition to any other right or remedy, now or hereafter legally existing upon any default.
- Severability. In the event that any provision of this Agreement is considered invalid, illegal, or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
- No Waiver. Our failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. A waiver of any default by us will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.
- No Transfer; No Assignment. This Agreement and any rights granted to you hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No Third Party Beneficiaries. Unless expressly stated otherwise herein or in any applicable addenda, nothing in this Agreement is intended to or will confer upon any third party any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
- Injunctive Relief. You acknowledge that a breach of the ‘Proprietary Rights’ section of this Agreement could cause irreparable injury to us that may not be adequately compensated in monetary damages. In the event of such a breach, we shall be entitled to seek equitable relief to protect our interests, including but not limited to preliminary and permanent injunctive relief.
- Arbitration. For any dispute with us, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (“AAA“) under the Consumer Arbitration Rules and that such arbitration will be conducted in California unless you and we agree otherwise. Each party is responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert witnesses, and any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.
- Right to Opt Out. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase.
- No Class Action; No Jury Trial. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Governing Law. The laws of the State of California shall govern this Agreement without regard to the principles of conflict of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this Agreement. Any dispute between the parties that are excluded from the arbitration agreement or that cannot be heard in small claims court shall be resolved in the United States District Court for the Central District of California, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Central District of California, then the exclusive forum and venue for any such action shall be the courts of the State of California, located in Orange County, and the parties hereby submit to the personal jurisdiction of that court.
- Notices; Electronic Communication
- To You. By providing us with your email address, you consent to receive our related communications and notices electronically, and you agree that all agreements, notices, disclosures, and other communication that we provide to you via the Site or email satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. We may also use your email address to send you other messages, such as changes to the Site and special offers related to our products and services (“Promotional Messages“). If you do not want to receive Promotional Messages, you may opt-out by clicking the “Unsubscribe” link in an email or by emailing us at email@example.com.
- To Us. To give us notice under this Agreement, you must contact us by email at firstname.lastname@example.org. We may update our email for notices to us by posting a notice on the Site. Notices provided by email will be effective one business day after they are sent.
- California Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
- Force Majeure. Neither party shall be liable for any failure or delay in its performance under this Agreement or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance (such a “Force Majeure Event“).
Contact: For questions regarding this Agreement, contact us at email@example.com.