General Terms and Conditions for Use of QC Find Now
In this agreement (the “Agreement”), the words “you” and “your” refer to the party utilizing QC Find Now and the term “QCFindNow” refers to any materials or services provided by QC Find Now.
Upon your acceptance of this Agreement and full and proper payment of all amounts due to QCFindNow, QCFindNow grants you a personal, nontransferable and nonexclusive license to possess and use the QCFindNow solely for your direct marketing and customer prospecting purposes in strict accordance with the terms of this Agreement. Upon expiration, or termination of this Agreement, you shall immediately discontinue your use of QC Find Now.
Except to the extent specifically authorized in writing by QCFindNow, you cannot share or sell the QCFindNow materials/information and you are responsible to QCFindNow for any use of the QCFindNow materials. You agree and warrant that: a) you will not provide access to any portion of the QCFindNow materials to any unauthorized party without the prior written consent of QCFindNow; b) you will not use any automated means, including without limitation agents, robots, scripts or spiders, to access, monitor, use or copy the QCFindNow materials; c) you shall use your best efforts to prevent the misuse and unauthorized use of the QCFindNow materials; d) you will not use any QCFindNow materials for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any similar statute or regulation; e) you shall not name QCFindNow or its affiliated companies or refer to the use of QCFindNow materials in any advertisements, promotional or marketing material; f) to the extent that you provide information to QCFindNow to be incorporated into the QCFindNow materials, you have legally sufficient rights to such information, you have not converted, misappropriated or otherwise wrongfully secured such information, such information does not infringe or violate the intellectual property rights of any third party, and such information is accurate and correct; and g) you shall indemnify and hold harmless QCFindNow, its affiliated companies and their respective officers, employees and agents (“Indemnified Parties”) against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys’ fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the QCFindNow Materials, including without limitation your provision of information to QCFindNow in connection with your use of the QCFindNow materials, or the breach of this Agreement. You acknowledge and agree that any information provided by you to QCFindNow in connection with your use of the QCFindNow materials may be used for QCFindNow’s business purposes, including without limitation the use of such information in connection with any of QCFindNow’s products or services, and that QCFindNow may edit or delete such information without restriction; by providing or otherwise making available said information, you hereby grant to QCFindNow and its affiliates a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute, and create derivative works from such User Content in any form in any medium and QCFindNow may sublicense all or part of its rights under this license or assign them to third parties. You also represent and warrant that: (i) you own the content provided by you or otherwise have the right to grant the license set forth in this section, and (ii) your sharing of the information does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Compliance Monitoring and Enforcement
It is an express condition of this Agreement that in using the QCFindNow materials: a) you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy; b) that you and any authorized users shall comply with all applicable Direct Marketing Association guidelines; and c) QCFindNow further reserves the right to review and revise materials provided by you or to be used by you in promotions to ensure that your use of the QCFindNow materials is both appropriate and in accordance with the permitted uses of the QCFindNow materials; however, QCFindNow ‘s failure to review any such materials shall not constitute QCFindNow’s acceptance of the materials or in any other way waive any rights QCFindNow may have or limit any obligations you may have with regard to the use of the QCFindNow materials. QCFindNow may also randomly monitor (through seeding and other means) your use of the QCFindNow materials to ensure that your use is in accordance with the permitted uses of the QCFindNow materials.
ALL QCFindNow MATERIALS ARE PROVIDED ON A STRICTLY “AS IS” BASIS. QCFindNow DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS, ACCURACY OR COMPLETENESS OF THE QCFindNow MATERIALS AND EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, QCFindNow EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, QCFindNow OFFERS TO YOU THE FOLLOWING LIMITED WARRANTY. YOU SHALL HAVE 14 DAYS AFTER RECEIPT OF THE QCFindNow MATERIALS, TO INSPECT IT AND NOTIFY QCFindNow OF ANY PROBLEMS OR MISTAKES. IF QC FIND NOW HAS MADE A MATERIAL MISTAKE, THEN QC FIND NOW WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE MISTAKE AT NO ADDITIONAL CHARGE. IF YOU DO NOT NOTIFY QCFindNow OF ANY PROBLEMS OR MISTAKES WITHIN THE 14 DAY PERIOD, QCFindNow SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU. YOU EXPRESSLY AGREE THAT QCFindNow SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF THE QCFindNow MATERIALS, INCLUDING WITHOUT LIMITATION QCFindNow’S COMMERCIAL USE OF INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE QCFindNow materials, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL QCFindNow’s ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO QCFindNow UNDER THIS AGREEMENT.
(a) This Agreement shall be governed and construed by the laws of the State of Iowa, United States of America without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your use of the QCFindNow Materials shall be brought within the jurisdiction of the courts located within Scott County, Iowa, United States of America. This Agreement, and the rights and obligations of the parties under this Agreement will not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The parties further have expressly requested that this Agreement be drawn up in the English language. Les parties aux présents ont expressément ￼exige que la présente Convention et ses Annexes soient rédigées en langue anglaise.
(a) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific QCFindNow Materials provided constitute the entire agreement between you and QCFindNow on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.
(b) This policy may be amended from time to time at the discretion of QC Find Now. USE OF THE QCFindNow MATERIALS CONSTITUTES YOUR CONSENT TO THIS AGREEMENT. DO NOT USE THE QC Find Now MATERIALS IF YOU FIND THESE TERMS AND CONDITIONS UNACCEPTABLE.
(c) Without limiting any other remedies it may have at law or in equity, QC Find Now reserves the ￼right to terminate this Agreement immediately without further notice if QC Find Now has reason to believe Customer is not complying with this or any other express condition of use.
USE OF THE QC FIND NOW MATERIALS CONSTITUTES YOUR CONSENT TO THIS AGREEMENT. DO NOT USE THE QC FIND NOW MATERIALS IF YOU FIND THESE TERMS AND CONDITIONS UNACCEPTABLE.
Effective Date: February 9th, 2018