Effective Date: February 21, 2019
QuarterSpot Corp. (hereinafter “QuarterSpot,” “we” or “us”) provides the website www.quarterspot.com (the “Website”) and the data, information, tools, updates and similar materials delivered or provided by QuarterSpot (the “Services”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Website and the Services. If you do not agree to these terms and conditions, you may not use the Website or the Services.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, QuarterSpot grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive right to use the Website, to receive the Services, and to access the materials thereon that are intended to be displayed publicly, and to reproduce the Website and its contents only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
You must be at least eighteen (18) years old to use the Website or Services. By using the Website and Services, you represent that you meet this minimum age requirement.
While we make reasonable efforts to ensure that the Website and Services remain available at all times, we do not represent or warrant that access to the Website or Services will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Website or Services, or their features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services, or any part thereof, with or without notice.
The Website and Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on this Website and Service including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute financial, investment or business advice. Those accessing the materials appearing on the Website or Service should not act upon them without first seeking financial, legal or other counsel, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.
You agree that QuarterSpot is not responsible for any financial, business or legal decisions that you may make.
Although we may review, edit, remove or modify information from or on the Website or Services, we do not control the sources of this information, and does not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information. YOU AGREE THAT QUARTERSPOT SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this Website or Service, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
RULES OF CONDUCT
Your use of the Website Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Service.
You are responsible for all of the conduct engaged in through your account.
You agree not to distribute, upload, make available or otherwise publish through the Website or Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
You further agree that you will not do any of the following:
You are not licensed to access any portion of the Website or Services that are not public, and you may not attempt to override any security measures in place on the Website or Services.
Notwithstanding the foregoing rules of conduct, QuarterSpot’s unlimited right to terminate your access to the Website or the Services shall not be limited to violations of these rules of conduct.
CONTENT SUBMITTED OR MADE AVAILABLE TO QUARTERSPOT
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content to the Website or Services, or otherwise make available any Content through the Website or Service, you hereby grant QuarterSpot a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels.
By submitting any Content or Submissions to QuarterSpot you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) QuarterSpot is not under any confidentiality obligation relating to the Content or Submissions; (d) QuarterSpot shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from QuarterSpot in exchange for the Submissions or Content.
You acknowledge that QuarterSpot is under no obligation to maintain the Website or Services, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Website or Services. We reserve the right to withhold, remove and or discard any such material at any time.
CONTENT SHARED THROUGH THE WEBSITE AND SERVICE
You understand that by sharing information on the Website or Services, by participating in the Website or Service, and by requesting information to be sent through the Website or Services, you may be revealing information about yourself or your business that may include financial, credit, or similar information. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Website and Service, and you agree that QuarterSpot shall not be held responsible, and QuarterSpot shall be released and held harmless by you from any liability or damages arising out of such conduct.
OUR INTELLECTUAL PROPERTY
QuarterSpot’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of QuarterSpot. The “look” and “feel” of the Website and Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of QuarterSpot or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
ENFORCEMENT AND TERMINATION
QuarterSpot reserves the right to deny all or some portion of the Website and/or Services to any user, in QuarterSpot’s sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, QuarterSpot has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to QuarterSpot related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
LINKS AND THIRD-PARTY CONTENT
The Website and Service may contain links to other websites. Such links are provided for informational purposes only, and QuarterSpot does not endorse any website through the provision of such a link.
The Website or Services may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties.QuarterSpot does not endorse any third party content that may appear on the Website or Service.
ELECTRONIC TRANSACTIONS AND DISCLOSURES CONSENT
As QuarterSpot only operates online, we require that you agree and consent to transact business with us electronically. Additionally, we also require you to agree and consent to receive certain disclosures from us electronically. You are not required to work with QuarterSpot, but if choose to do so, this document informs you of your rights concerning the disclosures discussed herein.
Scope: Your agree and consent to receive Disclosures from and transact business electronically with QuarterSpot. This agreement and consent applies to any transactions to which such Disclosures relate between you and us. This agreement and consent remains effective as long as you are a user of the Website or Service. If you are no longer a user of the Website or Service, this agreement and consent will remain in effect until all Disclosures relating to transactions that occurred while you were a user of the Website or Service have been completed.
Software & Hardware Requirements: In order to receive, access and retain Disclosures electronically, you must meet the following computer hardware and software requirements: access to the internet; an email account and the ability to receive email through internet; a web browser which is SSL-compliant and supports secure sessions, or the equivalent software; and hardware capable of running this software.
Withdrawing Your Consent: You can withdraw your consent to electronically receive Disclosures by contacting us at the address below. However, if you withdraw your consent, you will not be able to continue using our Website or Service. You will be restricted from posting loan requests on our Website or Service. If you have a pending loan request, it will be terminated and removed from our system. If, however, you have already received a loan, all previous terms and conditions will remain effective, and we will send Disclosures to the business address you provided during account registration. If you are an investor on the Website or Service and you withdraw your consent, you may continue to contribute funds to loan requests on the Website or Service. If you have already committed funds to loans, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to the business address you provided during account registration.
If you withdraw your consent to electronically receive Forms 1099, we will confirm your withdrawal and its effective date via email. If made before November 1, withdrawal will take effect for the calendar year in which it is made.
Contacting Us Regarding Electronic Disclosures: If you would like to contact us about electronic disclosures, please email us at firstname.lastname@example.org or call us at 888-718-SPOT (7768). You can also reach us by writing to:
2751 Prosperity Ave. Suite 330
Fairfax, VA 22031
You must keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us by sending an email to email@example.com identifying the change and update information. You also agree to update your registered residence address and telephone number on the Website and Service, if they change.
You will print a copy of this Agreement for your records and agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Website or Service.
DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW, AND EXCEPT AS PROVIDED IN THE “SECURITIES MATTERS” SECTION, YOU AGREE AND ACKNOWLEDGE THAT QUARTERSPOT PROVIDES THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. QUARTERSPOT, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURRACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM QUARTERSPOT SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. QUARTERSPOT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY FINANCIAL OPPORTUNITY PRESENTED IS ADVISABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUARTERSPOT, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU OR THE BUSINESS YOU REPRESENT BASED ON OR RELATED TO THE WEBSITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR SERVICES, EVEN IF QUARTERSPOT AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither QuarterSpot nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold QuarterSpot and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Website or Services (b) your use of the Website or Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website or Service.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Website or Services, or to QuarterSpot, may only be brought by you in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
POLICIES FOR CHILDREN
The Website and Services are not directed to individuals under the age of 13. In the event that QuarterSpot discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website - www.ftc.gov - for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability: If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions: In the event that QuarterSpot updates this Agreement, you may be required to re-affirm the Agreement, through use of the Website or Services, or otherwise.
No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between you and QuarterSpot as a result of this Agreement or your use of the Website or Services.
Assignment: QuarterSpot may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without QuarterSpot’s prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver: Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices: All notices given by you or required under this Agreement shall be in writing and addressed to:
2751 Prosperity Ave. Suite 330
Fairfax, VA 22031
Equitable Remedies: You hereby agree that QuarterSpot would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement: This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and QuarterSpot with respect to the Website and Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Website or Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
2751 Prosperity Ave. Suite 260
Fairfax, VA 22031
COMPLAINT POLICY (INCLUDING PRIVACY & TRADEMARK)
If you believe in good faith that any material posted on the Website or Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to firstname.lastname@example.org, containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.