Welcome to Qazzoo
THIS LEGAL AGREEMENT BETWEEN YOU AND QAZZOO, LCC GOVERNS YOUR USE OF THE QAZZOO PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE” or “Qazzoo”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
Qazzoo is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. Qazzoo is automatically enabled when you login to the site, the mobile site or any of the apps designed to interact with Qazzoo. You can disable or suspend your Qazzoo account online or via email or calling the phone number provided on the site. When Qazzoo is enabled, your professional profile will be automatically sent to each consumer profile that you unlock. You can access that content and change it as you like or have the content changed by your Success Management Director by calling or emailing CS@Qazzoo.com.
REQUIREMENTS FOR USE OF THE SERVICE (MUST HAVE ACTIVE ACCOUNT)
A. Age. The Service is only available to individuals aged 18 years or older. If you are not 18 years old, you may not log in even if the account you are logging into is in good standing with Qazzoo. You are not permitted to login or unlock any consumers on any of the Qazzoo platforms if you are not 18 years or older. As the professional you attest that you have all professional licenses and certifications and education required to perform the business which you are providing to the consumers. You further agree that you’re broker, manager, company or supervisor has agree to your use of the Qazzoo platform.
Qazzoo does not knowingly collect, use or disclose personal information from children under 18, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use or access to any of our systems, services or platforms.
To use Qazzoo you cannot be a person barred from providing the services we make available to professionals or consumers under the laws of the United States or other applicable jurisdictions. By accepting this Agreement, you represent that you understand and agree to the foregoing.
B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Qazzoo reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
C. Limitations on Use. You agree to use Qazzoo only for purposes permitted by this agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. The Service does not allow resellers of services similar in any way to Qazzoo.
Additional storage may be available upon request. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from unlocking consumer profiles, adding documents, or receiving new email sent to your existing or new email address.
If your use of the Service or other behavior intentionally or unintentionally threatens
Qazzoo’s ability to provide the service or other potential professional or consumer users Qazzoo reserves the right to cancel your account with written notice which can be either electronic or physical mail. Qazzoo shall be entitled to take all reasonable steps to protect the service and the Qazzoo systems, which may include suspension of your access to the service or a cancellation of your account which will be determined by Qazzoo exclusively without refund.
D. Flagging of profiles with incorrect contact information is one of the features that QAZZOO allows professional users so that they are not paying for information that cannot generate a real estate transaction. After the contact information has passed through multiple filters the professional user is the last and most trusted filter to help themselves and other members by identifying leads that have fraudulent information. When a lead profile is flagged by the user the profile is identified and removed from the QAZZOO database while a quality control examination is made. Random tests are performed live on the profiles to assure the percentage of false information on leads remains below the acceptable minimums. The only lead profiles that are permitted to be flagged are those that contain incorrect contact information (name, phone number or email)
Excessive flagging may violate the limitations of this agreement and may result in termination of your account. Excessive “flagging” of leads is determined to be any accumulation of “flagging” which exceeds 10% of all profiles unlocked in a 30 day period. The flagging feature was designed for the convenience and benefit of the professional user when a home buyer/seller contact information is incorrect. This feature is provided in good faith to the real estate professional users of Qazzoo. Potential abuse of this feature may harm other professional users of Qazzoo and is therefore determined to be cause for cancellation without refund of membership. Qazzoo will provide reasonable efforts to communicate to any user whose flags are determined to be unreasonable while retaining the right to cancel the professionals membership without reimbursement.
E. Availability of the Service. The Service, or any feature or part thereof, may not be available to all professional members while Qazzoo makes no representation that the service will be provided equally to all professions. The availability will be determined by Qazzoo based on the information provided by the consumer and the number of contacts the consumer indicates they would prefer. To the extent you choose to access and use the service, you do so at your own initiative and are responsible for compliance with any applicable laws.
II. FEATURES AND SERVICES INCLUDING PROFESSIONAL PROFILES
A. Use of Location-based Services
Qazzoo and its partners and licensors may provide certain features or services (e.g., Auto generation of desired profiles as determined by Qazzoo) that may rely upon device-based location information using GPS (where available) and crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or services, where available, Qazzoo and its partners and licensors may collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your Qazzoo account (“Account”) and any devices that may access Qazzoo for any purpose.
You may modify your location data and perform a search in any location that you would like within the United States and any of its territories. There is normally no cost associated with searching and unlocking profiles from anywhere in the determined areas of service. However, Qazzoo reserves the right to change billing procedures and processes as it deems reasonable.
THIRD PARTY SITES
1. Storing Professional Profiles When you provide your profile photo or video to Qazzoo it will be stored in a safe location however Qazzoo does not represent that your photo and biography will remain only within the Qazoo network. Your photo and Bio will not be used by Qazzoo for any reason other than to provide the photo or video to homebuyers that you have unlocked. It may at times be deemed reasonable to use your photo outside of the normal usage and Qazzoo reserves the right to use your photo that we store in any way we deem as valuable to the company and to the professional members of Qazzoo. The photo and or video will be stored with the highest quality resolution that is deemed viable by Qazzoo in order to help support the building of a relationship between you and any home buyer/seller profile that you have selected and unlocked. You may download full resolution photos and videos at any time by contacting Qazzoo via email or phone.
2. Email Profiles to Consumers When you use Qazzoo any photos and videos you share until you delete them will be stored by Qazzoo. You can access your shared photos and videos from any of your devices that have internet access. Profiles you unlock may view, save, copy, and share these photos and videos, as well as contribute photos and videos, and comments. If you choose to unlock a profile Qazzoo will email or send the consumer your profile with the photo you have selected to accompany your profile. These photos will be publicly available to anyone who has been provided or has access to the web link. If you want to stop sharing individual photos, videos, comments or reviews you may delete them at any time. However, any content previously copied from a shared album to another device or computer may not be deleted.
3. Professional Profiles on Qazzoo Database When you access your account you may change include or delete any photo within your account. Videos may also be uploaded based on storage and streaming bandwidth. A limited number of photos or video may be stored on Qazzoo in your account at any one time. Older photos may be automatically deleted from your profile as new photos are added by you. To keep these photos permanently, you must save them to your device.
4. Qazzoo Applications With Profile Sharing, you can share certain content and services including consumer profiles with your coworkers or team members. Profile sharing is designed to allow more than one professional from the same team to unlock consumer profiles without duplication of efforts. This application may not allow you to unlock a profile if the profile had already been unlocked by a member of your team. You may also share a calendar, a shared photo and your location with your coworkers or team members. For more information regarding sharing your profile information please refer to this document or contact Qazzoo directly via phone, email or online.
5. Third Party Apps and Websites. If a consumer profile is added from a third party website or application the party supplying the profile is obligated to inform the consumer that their profile has been added to the Qazzoo database. The consumer then retains the right to have their tier profile removed at their request from the database. The consumer may remove tehri own profile or request support from Qazzoo. The consumer may also upload their profile more than once based on their needs. Qazzoo may store the consumers profile store and process such data on behalf of the relevant third-party App Developer in association with your use of the Service and such Apps. Such data may be shared with another App that you download from the same App Developer.
6. Text Notifications If you choose to enable Text notifications Qazzoo will notify you each time a profile is uploaded to the Qazzoo search engine that matches your desired areas to receive profiles. Text notifications are sent in real time however carriers differ and Qazzoo does not warrant the timeliness of any phone carriers. Qazzoo does not accept responsibility for cost of receiving text as each texting plan is different from carrier to carrier.
Text notifications may contain the phone number and other relevant information
Consumer use of Qazzoo
As a consumer you are providing your information freely in order to receive services that you desire in return. The information that you provide is offered to the professional users of Qazzoo in order to have the professional determine if they can assist you with your effort to buy, sell or transfer something of value. The information that you provide can be changed, modified or removed by you requesting the removal via email, phone or online. Your consent has been given in cases where you do not request to be removed while Qazzoo will only provide your information to professionals that have taken the needed steps to unlock you profile in the desire to assist you in meeting your goal of transferring ownership of a good considered of value.
MEMBERSHIP SUBSCRIPTION AND SERVICE UPGRADES
Membership subscriptions may be expanded in order to access additional features and functions of the service depending on your needs at the time. Memberships are normally based on the number of profiles you want to unlock each month but is not dependent on you unlocking any particular number of profiles.
Your professional package may be upgraded during any time of your membership. You do not have to wait until any anniversary of any kind. Contact Qazzoo online or via phone and a membership success coordinator will assist you.
Additional storage may be available for purchase on a subscription basis and is priced at the time of request. As storage continues to become more readily available this cost may be reduced or removed completely.
A. You agree that the recorded verbal agreement you made with Qazzoo constitutes a signed and legally binding contract. If you opted to for the Standard month to month service, a VIP user (3) month agreement for which Qazzoo will provide additional services or a VIP Plus user (6) month agreement for which Qazzoo will provide an additional level of service as well as products you will abide by the terms and time frames set forth in your verbal agreement. You acknowledge and understand as a VIP or VIP Plus user that Qazzoo has invested additional resources to your account, be them human resources, construction of website/s, maintenance of website/s, IDX feeds, updates to IDX feeds, hosting, professional coaching if requested as well as any other expenses that Qazzoo has incurred in the process of providing you the services that were agreed upon during the initial offering of services or on any following recorded phone call. You further understand and acknowledge that your verbal agreement constitutes a signed and legally binding contract between you and Qazzoo, LLC.
B. In order to cancel your agreement before the end of the agreed upon term be it Standard (month to month), VIP (3 months) or VIP Plus (6 months) you understand and acknowledge that you must request a suspension of service 48 hours prior to your monthly renewal date. If you are a VIP or VIP Plus user you further agree to pay 50% of the remaining balance of your account for each month remaining on your term, paid by you on the day the cancellation is processed.
Payments are made on the monthly anniversary of your first day on board with Qazzoo. The reoccurring payments are set at the price of your first joining but can be adjusted by Qazzoo after alerting you to the price change via your online service account. Notices will be posted on your account to alert you to any price changes or package modifications in advance of the change. Due to the volatility of the online space which we are navigating and the rapid growth of online business in general Qazzoo cannot contact each user individually.
By upgrading your package or type of membership, number of profiles available to unlock or any other feature of your account you can store more photos, videos and content, unlock more lead profiles and expand your presence online with a VIP or VIP Plus package which entitles you to features such as (a free website and additional features such as bonus leads, legacy leads etc.…) Qazzoo will automatically charge on a recurring basis the payment method associated with your Qazzoo account user name and password (e.g., the payment method you use will be set as the primary method of payments moving forward unless you change the credit card you are using. If you as the professional member of Qazzoo opt for additional services or features (membership upgrades, VIP, VIP Plus, CRM or Advertising etc.…) the same payment method will be used each recurring charge.
If you are a team member you agree to have Qazzoo charge your initial payment method on a recurring basis for members of your team just as if the payment were for a single membership. If your initial payment method is not able to be processed for subsequent recurring billings Qazzoo will reattempt to rerun the card or other payment method for the rebill until it is accepted, informed otherwise by the professional user or is determined to be invalid.
The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on your next monthly recurring cycle. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING QAZZOO WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Qazzoo is unable to successfully charge your credit card or payment account for fees due, Qazzoo reserves the right to revoke or restrict access to your account, delete your profile from our storage or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must contact Qazzoo online, via email or phone. This may temporarily disrupt your access to your account while Qazzoo verifies your new payment information. We may contact you via email or by phone regarding your account, for reasons including, without limitation, reaching or exceeding your package limit.
Your total price will include the price of the package plus any applicable credit card processing fees or other similar fees under applicable law and based on the fees that Qazzoo is charged for attempting to charge a credit card that fails to have the available funds needed. No taxes will be charged unless required to do so under the tax rules applicable to the Service.
D. Membership Suspension and Withdrawal
If you choose to suspend your subscription account following your initial monthly purchase or if you are on an advanced service plan (VIP or VIP Plus) which is also an agreement to maintain your membership to extend your initial membership and wish to suspend your account after the initial period you may do so by contacting one of our Membership Success Directors via phone or online or emailing CS@Qazzoo.com. If you do not choose to suspend your account regardless of the plan you selected your account will be moved to a month to month service. If you chose a VIP or VIP Plus membership your benefits (i.e. website, IDX feed etc.…) will remain intact and maintained as long as your account is in good standing. Your recurring billing date will be on the monthly anniversary date of your initial membership agreement except for days that do not roll over to the following month in which case the recurring date will be moved to the last day of the following month.
Qazzoo requires a notice of suspension no less than 48 hours prior to the anniversary billing date in order avoid being billed on the following renewal date. You may suspend your account and your billing by informing Qazzoo with a clear statement via email or a phone call to Qazzoo during business hours (9-5 M-F EST not including holidays). If you wish to have a conformation email for your records please feel free to request one from Client Services. You do not need to provide a reason for cancellation.
Effects of Suspension of Service
Qazzoo will suspend your account within 24 hours of receipt of the suspension of service request. You will no longer have access to any consumer profiles claimed or unclaimed. Your profile will be removed from storage and your account will no longer be billed.
If you have credits remaining in your account you will no longer be able to use them. You will not be able to log in and therefore you will not have access to the clients within the Qazzoo CRM. If you wish to join in future you will be subject to any and all onboarding fees as we do not store previous client information. You further agree to forfeit the ability to dispute charges made to your bank, credit card company or PayPal.
IV. Your Use of the Service
A. Your Account
As a registered user of the Service, you must establish an Account. You agree to NOT reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Qazzoo of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for professional or personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Qazzoo shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
For the first attempted charge dispute you agree to reimburse Qazzoo $50.00 which will be charged to your account and paid for by you plus the amount disputed via the same mechanism that the initial account was created.
For the second attempted dispute of the same charge you agree to reimburse Qazzoo $100.00 which will be charged to your account and paid for by you plus the amount disputed via the same mechanism that the initial account was created.
You recognize the fact that Qazzoo has the right and will challenge any dispute as a course of business unless Qazzoo in its discretion determines that Qazzoo has miss billed you for some reason (i.e. Billing ran during inclement weather or natural disaster and we were not able to suspend your account)
In order to use the Service, you must enter your Qazzoo user name and password to authenticate your Account. You agree to provide accurate and complete information when you register with, the Qazzoo Service and further agree to update your profile if your status with your company changes or any other pertinent information that the consumer should be aware of. Qazzoo will email the consumer your profile and this information is not guaranteed however accuracy is important to the consumer and Qazzoo. Failure to update your profile may result in Qazzoo providing false or inaccurate information to the consumer and is therefore considered misrepresentation and may be considered reasonable cause to suspend your account without refund. You agree that Qazzoo may store your professional data and use your data for the purpose of communicating to the consumer the company you represent, your name and any other pertinent data that you have included in your Qazzoo profile.
B. Use of Other Qazzoo Products and Services
Qazzoo offers a suite of products and services which are growing and improving at all times. Particular components or features of the Service provided by Qazzoo including but not limited to the ability to unlock consumer profiles, have a website built, IDX feeds, hosting services, advertising advertised (either directly from Qazzoo or through a third party) and the use of a CRM (client relationship manager) are some of the products and services provided by Qazzoo. These additional products and services are divided into bundles referred to as Standard, VIP or VIP Plus in order to enhance the experience and increase the desired results of the user.
C. No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
V. Content and Your Conduct
“Content” means any information that may be generated or encountered through use of the Service, such as consumer profiles, data files, device characteristics, written text, software, photos or videos, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you,
and not Qazzoo, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Qazzoo does filter and spot check for offensive or inaccurate material however we do not guarantee that no objectionable material will be found on Qazzoo.
Qazzoo does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
B. Your Conduct
You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
C. stalk, harass, threaten or harm another;
D. you will NOT request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
E. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another profession which you are not licensed, a Qazzoo employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity.
F. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
G. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
H. misrepresent mortgage or loan rates, forge any signatures or in any way any present yourself as something or for a purpose that is deceptive to the consumer. You will not otherwise put information in a header designed to mislead recipients in any way;
I. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
J. interfere with or disrupt the Service (including accessing the Service through any automated means, such as scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access)
K. plan or engage in any illegal activity; and/or
L. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
C. Removal of Content
You acknowledge that Qazzoo is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Qazzoo reserves the right at all times to determine whether Content is appropriate and in compliance with this agreement, and may filter, spot check, pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this agreement or is otherwise objectionable.
D. Back up Your Content
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Qazzoo shall do its best to maintain your data however in cases where service is hindered or lost your back up will enable you to use the system and software without down time. You are reasonable for due care for your own data. Qazzoo does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
E. Access to Your Account and Content
Qazzoo reserves the right to take steps Qazzoo believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Qazzoo may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, collection agencies, government officials, and/or a third party, as Qazzoo believes is reasonably necessary or appropriate, if legally required to do so or if Qazzoo has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Qazzoo, its users, a third party, or the public as required or permitted by law.
G. Violations of this Agreement
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to CS@Qazzoo.com.
H. Content Submitted or Made Available by You on the Service
1. Your license to provide the services that you expressly communicate that you offer are your responsibility to maintain. If in your designated profession no licenses are required or if your area there is no requirement to maintain a license there is no responsibility to maintain anything more than the minimum required by the local governing oversight body.
If your profession or the services that you provide require licensing the maintenance of all licensing is up to you to maintain. Continuing education or credits that you have accumulated toward a degree or educational level may be provided by you however you may not present that an educational level or degree has been issued to you if you have not earned it. If you are a consumer and question the licensing of a professional user of Qazzoo you are to ask the professional member for evidence of such a license. Qazzoo does not require professionals to present or show evidence of any higher education and do not require professional users to hold any licenses for any profession.
Qazzoo does not claim to know or research the background of any of its users. Consumers or Professionals may submit information without background checks and it is assumed that the professionals on Qazzoo are representing themselves in a legal and honest way. However, by submitting or posting such content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Qazzoo a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the person or company that you report to be. You further submit that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
2. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, Qazzoo may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Qazzoo to take any such actions.
3. Trademark Information. Qazzoo, the Qazzoo logo, and other Qazzoo trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Qazzoo LLC. in the US and/or other countries. A list of Qazzoo’s trademarks can be provided upon request.
Other trademarks and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
A. Qazzoo’s Proprietary Rights. You acknowledge and agree that Qazzoo and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
B. License From QAZZOO. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
C. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported
(1) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.
D. Updates. From time to time, Qazzoo may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
A. Voluntary Termination by You
You may delete your Qazzoo user name and password and/or stop using the Service at any time. If you wish to stop using the service on your device, you may disable Qazzoo from a device by deleting the app and blocking further emails via your email provider.
(1) If you terminate your Account and delete your Qazzoo password and user name you will not have access to other Qazzoo products and services with those credentials. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing term during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any unpaid fees or charges in the past or future.
B. Termination by Qazzoo Disputed Charges and Refunds
C. Effects of Termination
6. Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Qazzoo may have no control over such third party sites and/or materials, you acknowledge and agree that Qazzoo is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that QAZZOO shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
QAZZOO SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
QAZZOO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME QAZZOO MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QAZZOO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, QAZZOO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
QAZZOO DOES NOT GUARANTEE YOU WILL CLOSE ANY BUSINESS FROM THE LEAD PROFILES FOUND WITHIN THE QAZZOO DATABASE. THE ONUS IS ON THE PROFESSIONAL USER TO CONTACT VIA PHONE EACH AND EVERY LEAD PROFILE MULITPLE TIMES IF NECESSARY IN ORDER TO GENERATE BUSINESS. QAZZOO DOES NOT PROVIDE DEALS. QAZZOO PROVIDES AND THE USER HEREBY AGREES AND UNDERSTANDS THAT QAZZOO PROVIDES POTENTIAL BUYERS AND SELLERS AND THE PROFESSIONAL USER MUST PERFORM THEIR JOB OF CONTACTING THE LEAD PROFILES AS MANY TIMES AS NEEDED TO GENERATE ANY AND ALL BUSINESS.
QAZZOO IS A SOFTWARE AS A SERVICE THAT IS DESIGNED TO CONNECT PEOPLE WITH COMPLEMENTING NEEDS. QAZZOO DOES NOT REPRESENT EACH CONSUMER LEAD AS A DEAL. THE LEAD OR CONSUMER PROFILE REQUIRES THAT THE PROFESSIONAL USE THEIR SKILLS, TRAINING AND POWERS OF PURSUASION TO CONVINCE THE CONSUMER TO UTILIZE THEIR SERVICES OVER THE SERVICES OF ANY OTHER COMPETING PROFESSIONAL.
QAZZOO DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND QAZZOO DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
8. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QAZZOO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF QAZZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Qazzoo, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Qazzoo as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot SUE, DISPUTE A CHARGE OR DEMAND A REFUND from Qazzoo, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Qazzoo’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Qazzoo from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
Qazzoo may provide you with notices regarding the service updates and modifications, including changes to this agreement, by email, text or by posting notices to your account.
B. Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Qazzoo shall be governed by the laws of the State of Maryland, excluding its conflicts of law provisions. You and Qazzoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Anne Arundel, Maryland, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
C. Entire Agreement
This Agreement constitutes the entire agreement between you and Qazzoo, governs your use of the products and services provided by Qazzoo. You may also be subject to additional terms and conditions that may apply when you use additional services not disclosed in this agreement affiliate services, third-party content or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Qazzoo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
D. “Qazzoo” as used herein means:
• Qazzoo. LLC, located at 65 Old Solomons Island Road, Suite 208 Annapolis Maryland 21401.
• Any web applications, mobile applications, blogs or videos owned or created by Qazzoo.
• Print material either online or offline.
• Marketing material either online of offline
• Any online platform that Qazzoo is under a distribution license with now or in the future, located in the United States, any Territory of the United States or any foreign country outside of the United States.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.