Terms and Conditions
Welcome to Quayc.com ("Website"). This Website is owned by Quayc.com Ltd.
Quayc.com Ltd reserves the right to change the TOU periodically at its sole discretion. User's continued use of this Website constitutes acceptance of the TOU stated at the time of use.
2. User Conduct
General - User acknowledges and warrants that it will not commercially exploit any data information, or other material, including but not limited to text, software, sound, photographs, video, design, graphics, contained on the Website ("Content"), without the express written permission of Quayc.com Ltd. Further, User will not make any unauthorized use of this Website or of any interactive features available on this Website. User may use downloaded material only for User's personal, internal use. User may not engage in any conduct or action that is prohibited by law or violates any country, federal, state or local laws. User agrees not to distribute, post, publish or otherwise communicate any Content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorised copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Registered Members - Registered Members shall be responsible for all use of their accounts (including screen name and password) and e-mail address, if applicable. Registered Members shall be solely responsible for maintaining the security of their passwords. Registered Members agree that all their information posted or accessed will be used only for their internal purposes.
3. Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this Website are the property of Quayc.com Ltd or Quayc.com Ltd has obtained the rights to use the Mark. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Quayc.com Ltd's prior written permission. The use of Quayc.com Ltd's Marks on any other website is prohibited, without the express written permission of Quayc.com Ltd.
4. Proprietary Rights to Content
All Content on this Website is copyrighted except where explicitly noted otherwise. © Quayc.com Ltd Ltd 2012. All Content is owned or licensed to Quayc.com Ltd. All rights reserved.
User acknowledges and agrees that Content, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by the TOU without Quayc.com Ltd's prior, written consent.
5. Links to Third Party Sites
This Website may contain links to third party websites that are not under the control of Quayc.com Ltd. Quayc.com Ltd makes no representations whatsoever about any other website to which User may have access through the Website. When User accesses a third party website, User does so at his/her own risk and acknowledges that Quayc.com Ltd is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Quayc.com Ltd shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website. Mention of third party companies and websites on the Website is for informational purposes only and does not constitute an endorsement or recommendation.
6. Third Party Content
Quayc.com Ltd may be a distributor of Content, not a publisher or author. Accordingly, any opinions, advice, statements, or other information expressed by any third parties are those of the respective author or publisher, not Quayc.com Ltd. Quayc.com Ltd is not responsible for the Content, including the accuracy thereof.
7. Contact Quayc.com Ltd
If you have any questions about any of the foregoing, please contact us.
8. DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Quayc.com Ltd makes no warranty that the Website will meet User's requirements or that it will be uninterrupted, timely, secure or error free; nor does Quayc.com Ltd make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, QUAYC.COM LTD PROVIDES ALL CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSLY EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY
Content on the Website is provided for informational purposes only. Quayc.com Ltd, its officers, directors, employees, agents, affiliates, distributors, licensees, suppliers and subcontractors ("Quayc.com Ltd Parties") shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website, and shall not be responsible or liable for any trading or investment decisions made based on such information.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL QUAYC.COM LTD PARTIES BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF QUAYC.COM LTD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
User agrees, at User's expense, to indemnify, defend and hold harmless Quayc.com Ltd Parties from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User's breach of the TOU or in connection with User's misuse of this Website or any product or service related thereto.
Governing law - The TOU and the relationship between User and Quayc.com Ltd shall be governed by and construed in accordance with the laws of England.
Arbitration - All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration in London, UK under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. The dispute(s) arising under this Agreement shall be decided by a panel of three arbitrators with each party hereto selecting one arbitrator and the two selected arbitrators to chose the third arbitrator. An arbitrator sitting in any arbitration arising hereunder shall not have the authority or power to modify or alter any express condition or provision of this Agreement or to render any award which by its terms has the effect of altering or modifying any express condition or provisions hereof. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. User agrees that, regardless of any statute or law to the contrary, any dispute arising out of or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
Waiver/Severability - The waiver by either party of a breach of or right under the TOU will not constitute a waiver of any subsequent breach or right. If any provision of the TOU is found to be invalid or unenforceable by an arbitration proceeding in the appropriate jurisdiction, such provision shall be severed from the remainder of the TOU, which will otherwise remain in full force and effect.
Reservation of Rights - Any rights not expressly granted herein are reserved.